Board of Commissioners approve resolution opposing proposed annexation

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The Henry County Board of Commissioners voted at its June 16 regular meeting to approve a resolution voicing opposition to a proposed annexation of county property into the city of Lovejoy. Such a move would be the first by Lovejoy, which is in Clayton County, to involve Henry County land.

The site in question includes nearly 302 acres north of Hwy. 81 between Lovejoy Road and North Steele Drive. The proposed development for the site, consists of more than 1,100 units in a mix of single-family homes and townhomes. The land currently is zoned for residential as well as industrial use.

Chief planner Stacey Jordan-Rudeseal informed the board that the county’s land use map shows uses ranging from industrial to medium- and low-density residential, and the proposed development has more than five net residential units per acre, which is not supported by the map.

By law a municipality may not annex into an adjoining county unless agreed on by that county’s governing authority, which has a 30-day window to adopt a resolution opposing it. Since the commissioners received official notice from Lovejoy May 18, this vote was just within that timeframe.

Rudeseal pointed out that annexation would mean the board has no opportunity to include mitigating zoning conditions, and the development would affect Henry County streets and roads negatively without the county having authority to mandate necessary improvements. To emphasize that point, he said that there is already runoff from the property which is currently used in part as a sod farm, that floods North Steele Drive on occasion.

Additionally, the proposal is large enough to be classified a development of regional impact and require state oversight. To illustrate the possible effect on the school district, Rudeseal said it could potentially add an estimated 2,200 new students which would fill up more than 90 classrooms.

County attorney Patrick Jaugstetter said that if the county objects to the annexation, the city and/or the developer have the option to go to court for a ruling. Commissioner Dee Clemmons said that the county should try to get all parties to the table as soon as possible, since the property is already zoned for substantial development within Henry County.

The motion to formally object to the request passed 5-0, as Bruce Holmes was not present for that portion of the meeting.

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