Henry County considered the first appeal to its multifamily moratorium this month. The county granted approval for land disturbance work to begin on new townhomes.
The property is located off East Lake Parkway in the Union Grove area. Henry County rezoned the land in November 2022.
East Lake Parkway Townhomes
The East Lake Parkway townhomes project consists of twenty acres. The property will develop into various commercial uses as well as 84 townhomes. The property owner, Halpern Enterprises, Inc. of Atlanta, GA, shared with the board they have entered into four contracts with commercial tenants. They did not disclose who those are.
When Henry County adopted the multifamily moratorium in January, it halted new construction permits for multifamily housing. The moratorium does not affect commercial development.
In their appeal, Halpern Enterprises contended the most practical method to grade the site would be in one phase. This would include land disturbance for both commercial and residential areas. According to the applicant, the 20-acre site has an existing low point along East Lake Parkway. There is a high point in elevation on the north of the property. Dirt from the north end aka the residential area will be used in leveling the south end. If the developer had to grade the site in two separate phases, then this would require 8,500 dump truck loads of dirt to and from the site.
In addition, the applicant had to present evidence as to why the county should grandfather them past the moratorium. Halpern Enterprises presented evidence of contracts signed following the November 2022 zoning approval. Halpern contended that being unable to develop the site would cause a breach of contract with the aforementioned commercial tenants.
For these reasons, the county found in the applicant’s favor on their appeal. County staff may now issue land disturbance permits for the property.
Featured image shows East Lake Parkway townhomes site plan. Falcon Design Consultants photo.
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