Deny the updated zoning proposal for 636 Midway Rd. (October 2022)

The Issue

As a concerned Cobb County resident, I am contacting you to express my opposition to the latest plans presented by Pulte Homes for development of a community at 636 Midway Road, and site plan submission letter dated 10-26-2022, and share concerns and requests related to this potential development.

I am requesting that the proposed rezoning of this property to R-20 OSC be denied, for the following reasons:

1. Environmental / Stormwater Runoff Concerns

Residents in the neighboring Broadlands community have significant concerns related to potential stormwater runoff with respect to the creek that flows through Broadlands, homes along Goldenwood Ct., Verdant Woods Ct., Broadlands Ln., and along the HOA property of the soccer field / clubhouse. There is already flooding frequently within some of these areas, even with no development.

We urge the planning commission and Board of Commissioners to watch this recent WSB report from a different Pulte Homes development in Newton County that gives a clear indication of the types of concerns we have. Considering the proposed 24 month building process, Pulte’s procedures for mitigating stormwater / rainwater have proven to be unacceptable and concerning. Even though the current ordinance only requires silt fences and hay bales, that is insufficient for the amount of flooding that will surely occur. https://www.wsbtv.com/news/local/newton-county/georgia-homeowners-concerned-new-development-is-flooding-their-property/GQQAXQRLRJGAZILOT4D4JVGG2U 

The current plans include a detention pond.  The location of this pond is unacceptable due to risks from stagnant water relative to insect infestation and health risks.

It would be ideal for the Storm Management Dept to talk to Broadlands Homeowners regarding the impact of the downstream and the HOA land. FEMA 100 year floodplain: The FEMA map drawing for the creek was done in 12/2008; after the flood of 9/2009 the creek has changed.

It seems inadvisable to build homes on lots 16, 17 and 18 on this site considering the implications of harshly altering terrain to protect property from consistent high waters. State stream buffers; Georgia DNR variance 25 foot stream bank buffer and the County Stream Buffer ordinance undisturbed for a distance of 50’ each side of the stream channel with an additional 25’ impervious setback from the 50’ undisturbed buffer line. There have been numerous times that the creek floods.

There are strong concerns that what happens up the creek will affect the downstream creek running to the Broadlands homeowners and HOA property.

I am requesting further studies to occur on the area safety and ecological impact of the stormwater concerns from this development, as well as an increased amount of buffer to be added to the site plan before zoning is approved (further details below).

2. Traffic and Safety Concerns

Safety along Midway Road is a major concern considering the proposed entry / exit into the development. Midway Road is classified as a major collector roadway. This section of Midway Road is curvy, no side shoulder, dangerous due to limited line of sight, very dark at nighttime, and is not a very wide road.

There are no SPLOST fund plans for Midway Rd to make improvements. This will require more space and landscape for protection. The intersection of Dallas Hwy and Midway Rd has accidents on a frequent basis, some with fatalities. Currently, there is a petition regarding Midway and Dallas Hwy needing changes for additional safety measures. https://chng.it/gFhZcfnQdW  

Many local residents currently utilize Mayes Road as an alternative to driving to the Midway / Dallas Highway intersection.  Traffic to Mayes Road will also increase as a result of the added traffic burden on Midway.

Adding an additional 61 homes with more cars will increase safety issues relative to excessive, burdensome use of existing streets.. The traffic study that Pulte Homes provided is outdated and likely inaccurate, citing traffic counts collected during times of reduced traffic during the pandemic in 2021. There is a digital speed sign out in front of Senator Tippins house. It would be illuminating to understand, what is the speed data regularly being recorded there?

Generally Midway Road will struggle to accommodate the equipment and burden of the construction process without safety issues in terms of road width.  

The applicant submitted a plan to the Cobb County Planning Commission in September with a location that was rejected by DOT for not meeting the Cobb County and Georgia Department of Transportation regulations (Regulations for Driveway and Encroachment Control Manual, section 3.5, pages 6-8), requiring unobstructed Line of Sight on a two lane road with a speed limit of 35 MPH and a grade of less than 3% to be no less than 390 feet.

We ask that DOT review occur on this updated plan to ensure safety regulations are being met.

3. Buffer and greenspace:

Presented plans show a 25 foot buffer for homes in the plans that are adjacent to Verdant Woods Ct. in Broadlands. It was stated in a prior meeting about this development that clear cutting of trees can occur across all of the buffer and the developer would replant trees. This is not aligned with the similar buffer on the neighboring Broadlands side, Darby Place, Kyle Farms and Oakleigh.  Kyle Farms, as a matter of precedent, neighbors Broadlands and implemented a 100-ft buffer.

I am requesting an undisturbed 100 foot buffer along the southern line of this proposed development. I am also requesting an increase to a 50 foot permanent buffer along Midway Road with sidewalks, curbs and gutters along the frontage of Midway Rd.

I am requesting no disturbance of anything besides building pads, roads and utilities, and undisturbed, accessible greenspace within the community plan. 

Reasons for these requests:

Stormwater runoff concerns:  with clearcutting of trees across this property for the proposed the natural deterrents for runoff will be lost.  The land on the southern border of 636 Midway slopes downward significantly toward the neighboring homes in the Broadlands neighborhood.  During the construction period (at least two years according to the developer) without sufficient additional buffer in place we expect severe issues with water runoff.  100 foot undisturbed buffer would help mitigate this.

Light and noise cancellation:  The presence of additional buffer will help to offset the light and noise that will come from Midway Road during construction and the neighborhood itself upon completion.  

Safety along Midway Road: The proposed development allows the new homes to be built very close to the road along Midway Road.  This presents hazards for pedestrians and homeowners and is not aligned with similar neighborhoods from a safety perspective (see example of Broadlands with larger buffer to Midway Rd. and turn in / turn out lanes from Midway. Sidewalks being implemented along the front of the neighborhood to the Dallas Highway intersection by the developer would save a far more costly eventual effort by the county to do the same, especially if the sidewalk projects continue extending along Dallas Highway.

Safety for neighboring homeowners during construction:  It was raised in a recent conversation with Rob Hosack (representing Pulte Homes) that there is a possibility of blasting being required in the construction process. With the lack of adequate buffer and close proximity, there is a great potential risk of cracking and damage to the foundations of neighboring homes along the southern border of the property.  

The R-20 OSC ordinance calls for greenspace to be accessible to the community.  At present, the proposed plan technically follows this ordinance, but the greenspace included in the plan is not being made to be usable to the community and therefore does not align with the spirit of the ordinance (currently greenspace is isolated across the creek that runs through the property on the west side of it, and requires passing through / along the detention pond).  
 
4. Parking Not Aligned with Code

In this application the front build line of these homes are at 20 foot. The average length of a car is 15 ft. In the zoning it states where driveways to 2 car garages are less than 22 ft. long and 20 feet wide, additional parking is required - one space per dwelling unit. 

Guest parking spaces must be evenly distributed throughout the project (cobb county development standard 401.8.2) as you can see most of the guest spaces are at the top of the north part of the property by the mailbox kiosk.

The above issues have been shared on repeat occasions with Pulte Homes by local residents in prior iterations of plans for this community over a span of over 12 months.  Despite repeated attempts to share concerns, emails, letters and petitions, core safety and health issues remain with these plans.

For all of the above stated reasons, I respectfully request the planning commission and the Cobb County Board of Commissioners to DENY Pulte Homes application Z-1 to rezone 636 Midway Road.

Thank you

 

This petition had 451 supporters

The Issue

As a concerned Cobb County resident, I am contacting you to express my opposition to the latest plans presented by Pulte Homes for development of a community at 636 Midway Road, and site plan submission letter dated 10-26-2022, and share concerns and requests related to this potential development.

I am requesting that the proposed rezoning of this property to R-20 OSC be denied, for the following reasons:

1. Environmental / Stormwater Runoff Concerns

Residents in the neighboring Broadlands community have significant concerns related to potential stormwater runoff with respect to the creek that flows through Broadlands, homes along Goldenwood Ct., Verdant Woods Ct., Broadlands Ln., and along the HOA property of the soccer field / clubhouse. There is already flooding frequently within some of these areas, even with no development.

We urge the planning commission and Board of Commissioners to watch this recent WSB report from a different Pulte Homes development in Newton County that gives a clear indication of the types of concerns we have. Considering the proposed 24 month building process, Pulte’s procedures for mitigating stormwater / rainwater have proven to be unacceptable and concerning. Even though the current ordinance only requires silt fences and hay bales, that is insufficient for the amount of flooding that will surely occur. https://www.wsbtv.com/news/local/newton-county/georgia-homeowners-concerned-new-development-is-flooding-their-property/GQQAXQRLRJGAZILOT4D4JVGG2U 

The current plans include a detention pond.  The location of this pond is unacceptable due to risks from stagnant water relative to insect infestation and health risks.

It would be ideal for the Storm Management Dept to talk to Broadlands Homeowners regarding the impact of the downstream and the HOA land. FEMA 100 year floodplain: The FEMA map drawing for the creek was done in 12/2008; after the flood of 9/2009 the creek has changed.

It seems inadvisable to build homes on lots 16, 17 and 18 on this site considering the implications of harshly altering terrain to protect property from consistent high waters. State stream buffers; Georgia DNR variance 25 foot stream bank buffer and the County Stream Buffer ordinance undisturbed for a distance of 50’ each side of the stream channel with an additional 25’ impervious setback from the 50’ undisturbed buffer line. There have been numerous times that the creek floods.

There are strong concerns that what happens up the creek will affect the downstream creek running to the Broadlands homeowners and HOA property.

I am requesting further studies to occur on the area safety and ecological impact of the stormwater concerns from this development, as well as an increased amount of buffer to be added to the site plan before zoning is approved (further details below).

2. Traffic and Safety Concerns

Safety along Midway Road is a major concern considering the proposed entry / exit into the development. Midway Road is classified as a major collector roadway. This section of Midway Road is curvy, no side shoulder, dangerous due to limited line of sight, very dark at nighttime, and is not a very wide road.

There are no SPLOST fund plans for Midway Rd to make improvements. This will require more space and landscape for protection. The intersection of Dallas Hwy and Midway Rd has accidents on a frequent basis, some with fatalities. Currently, there is a petition regarding Midway and Dallas Hwy needing changes for additional safety measures. https://chng.it/gFhZcfnQdW  

Many local residents currently utilize Mayes Road as an alternative to driving to the Midway / Dallas Highway intersection.  Traffic to Mayes Road will also increase as a result of the added traffic burden on Midway.

Adding an additional 61 homes with more cars will increase safety issues relative to excessive, burdensome use of existing streets.. The traffic study that Pulte Homes provided is outdated and likely inaccurate, citing traffic counts collected during times of reduced traffic during the pandemic in 2021. There is a digital speed sign out in front of Senator Tippins house. It would be illuminating to understand, what is the speed data regularly being recorded there?

Generally Midway Road will struggle to accommodate the equipment and burden of the construction process without safety issues in terms of road width.  

The applicant submitted a plan to the Cobb County Planning Commission in September with a location that was rejected by DOT for not meeting the Cobb County and Georgia Department of Transportation regulations (Regulations for Driveway and Encroachment Control Manual, section 3.5, pages 6-8), requiring unobstructed Line of Sight on a two lane road with a speed limit of 35 MPH and a grade of less than 3% to be no less than 390 feet.

We ask that DOT review occur on this updated plan to ensure safety regulations are being met.

3. Buffer and greenspace:

Presented plans show a 25 foot buffer for homes in the plans that are adjacent to Verdant Woods Ct. in Broadlands. It was stated in a prior meeting about this development that clear cutting of trees can occur across all of the buffer and the developer would replant trees. This is not aligned with the similar buffer on the neighboring Broadlands side, Darby Place, Kyle Farms and Oakleigh.  Kyle Farms, as a matter of precedent, neighbors Broadlands and implemented a 100-ft buffer.

I am requesting an undisturbed 100 foot buffer along the southern line of this proposed development. I am also requesting an increase to a 50 foot permanent buffer along Midway Road with sidewalks, curbs and gutters along the frontage of Midway Rd.

I am requesting no disturbance of anything besides building pads, roads and utilities, and undisturbed, accessible greenspace within the community plan. 

Reasons for these requests:

Stormwater runoff concerns:  with clearcutting of trees across this property for the proposed the natural deterrents for runoff will be lost.  The land on the southern border of 636 Midway slopes downward significantly toward the neighboring homes in the Broadlands neighborhood.  During the construction period (at least two years according to the developer) without sufficient additional buffer in place we expect severe issues with water runoff.  100 foot undisturbed buffer would help mitigate this.

Light and noise cancellation:  The presence of additional buffer will help to offset the light and noise that will come from Midway Road during construction and the neighborhood itself upon completion.  

Safety along Midway Road: The proposed development allows the new homes to be built very close to the road along Midway Road.  This presents hazards for pedestrians and homeowners and is not aligned with similar neighborhoods from a safety perspective (see example of Broadlands with larger buffer to Midway Rd. and turn in / turn out lanes from Midway. Sidewalks being implemented along the front of the neighborhood to the Dallas Highway intersection by the developer would save a far more costly eventual effort by the county to do the same, especially if the sidewalk projects continue extending along Dallas Highway.

Safety for neighboring homeowners during construction:  It was raised in a recent conversation with Rob Hosack (representing Pulte Homes) that there is a possibility of blasting being required in the construction process. With the lack of adequate buffer and close proximity, there is a great potential risk of cracking and damage to the foundations of neighboring homes along the southern border of the property.  

The R-20 OSC ordinance calls for greenspace to be accessible to the community.  At present, the proposed plan technically follows this ordinance, but the greenspace included in the plan is not being made to be usable to the community and therefore does not align with the spirit of the ordinance (currently greenspace is isolated across the creek that runs through the property on the west side of it, and requires passing through / along the detention pond).  
 
4. Parking Not Aligned with Code

In this application the front build line of these homes are at 20 foot. The average length of a car is 15 ft. In the zoning it states where driveways to 2 car garages are less than 22 ft. long and 20 feet wide, additional parking is required - one space per dwelling unit. 

Guest parking spaces must be evenly distributed throughout the project (cobb county development standard 401.8.2) as you can see most of the guest spaces are at the top of the north part of the property by the mailbox kiosk.

The above issues have been shared on repeat occasions with Pulte Homes by local residents in prior iterations of plans for this community over a span of over 12 months.  Despite repeated attempts to share concerns, emails, letters and petitions, core safety and health issues remain with these plans.

For all of the above stated reasons, I respectfully request the planning commission and the Cobb County Board of Commissioners to DENY Pulte Homes application Z-1 to rezone 636 Midway Road.

Thank you

 

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