Marietta OKs sprawling 600-home development off Bells Ferry Road

Jan. 12—MARIETTA — The City Council voted unanimously this week to greenlight a request from developer Beazer Homes to build nearly 600 homes on 175 acres of undeveloped land off Bells Ferry Road.

The council approved a rezoning and annexation over the objection of Cobb County, which had sought to block the project over density concerns. Nearly all of the land was in unincorporated Cobb, and thus had to be annexed by the city for the project to move forward.

Residents in the area also expressed opposition, including at a public hearing Wednesday.

The council voted 6-0 in approval, with Grif Chalfant absent. The project had the support of Mayor Steve "Thunder" Tumlin, who called it a "good, quality subdivision" earlier this week.

Kevin Moore, an attorney representing the developer, has said the land is one of the largest privately owned, undeveloped tracts left in Cobb. Beazer Homes plans to build 592 homes on the property, which is between Bells Ferry Road and Interstate 575.

The developer plans to build up to 299 single-family detached homes, up to 198 townhomes and up to 95 detached homes marketed to seniors.

Under city code, no more than 5% of the units can be rented at any one time.

In addition to the homes, the development will include amenities such as a clubhouse, a pool, a playground, fire pits, pickleball courts, walking trails and pocket parks.

Moore argued the average density of surrounding developments is 7.6 units per acre, while Beazer only proposes to build 3.4 units per acre.

"This is responsible development. This is quality development. Especially when you consider the entirety of the circumstances ... about where we are from a density perspective," Moore said.

A petition opposing the project had garnered 392 signatures by the time the council voted.

"The current plan set forth does not make the most of this property and seems to aim to shoehorn in as many units as possible without considering creating a design that highlights the natural surroundings. ... As the famous song put it, they paved paradise and put up a parking lot," said Tullan Avard, of the Bells Ferry Civic Association.

Impacts

Both Moore and the project opponents agreed on one thing — the sprawling development would be one of the largest in the city in recent years.

Tumlin has said the project will provide an "anchor" subdivision.

The size of the development led city staff to conclude that it will have a significant impact on the fire department and necessitate a new sanitation route.

City Manager Bill Bruton said service costs associated with the development could be accommodated by using sales tax funds to purchase new equipment.

The mayor, meanwhile, thinks the property taxes generated will make the project a net gain for the city.

Children at the development will be zoned for Sawyer Road Elementary. An analysis by staff predicts the annexation will bring some 230 additional students into the city school system.

While opponents expressed traffic concerns, based on the findings of a traffic study, city staff believe Bells Ferry can handle the increase in cars, with certain road improvements.

To that end, the developer agreed to build traffic-calming elements recommended by city staff, such as a traffic signal at the entrance on Bells Ferry, and traffic calming measures inside the subdivision.

Carla Jenkins, who lives in nearby Barrington Hills, was worried about losing the privacy and quiet which attracted her to the neighborhood more than 15 years ago.

"I extended my deck in my backyard so I'd be closer to the trees, it's completely peaceful. ... I brag about the city of Marietta, and if this goes through, I'm not sure if I want to be a resident," Jenkins said.

Councilman M. Carlyle Kent got the council to agree that the developer must include a 30-foot buffer on the southern portion of the property which abuts Barrington Hills.

Carol Brown, who created the petition opposing the project, noted the developer was seeking a waiver to city code governing proximity to amenities. Granting the exemption creates "quite a hike" for older residents to reach the clubhouse and pool, she said.

Brown also quoted from an initial city staff analysis, which noted that the project's open space "appears to have been created simply by 'space leftover after planning' rather than intentionally designed.'"

One concern raised earlier in the process was the possible presence of Civil War era trenches or earthworks on the property. Steve Webb, a Holly Springs-based archaeologist, was enlisted by Beazer, and found no such earthworks.

But the property does have historic value — a small cemetery. City planning staff were unimpressed with Beazer's plans for it.

"The only identified historic resource — a cemetery — is a roadside monument, given just enough space to be preserved in the midst of a row of 27 houses," staff wrote.

County involvement

The land is owned by the family of George A. Montgomery, who was a Coca-Cola executive. In 2020, the family gave about 87 acres west of the proposed development to the county. That includes 61 acres of land (to be used as a nature preserve), the 27-acre Laura Lake (currently dry) and its accompanying dam.

"Talk about open space, how about 61 acres of open space for the enjoyment of everybody that just spoke here, that this owner has given?" Moore said.

The lake's dam was heavily damaged by the 2009 flood; the county is now responsible for repairing it. When taking over the dam, the county asked that it also receive the 61 additional acres as compensation for the repair costs.

Beazer's project hinges on the county restoring the dam, so that the lake can be used for stormwater detention.

Beazer previously applied for a rezoning with the county before withdrawing the petition and bringing it to the city instead. Cobb then objected to the annexation.

In December, Rusty Roth, the city's development director, said the Georgia Department of Community Affairs (DCA) had received the objection and would form an arbitration panel.

On Dec. 13, the DCA informed officials it failed to appoint a panel, which is composed of four elected officials, two from the county and two from the city, plus a housing expert.

If the DCA is unable to form a panel within 15 days of a request, it "will necessarily decline to appoint a panel."

City Attorney Doug Haynie's legal opinion was that, since the panel did not form, the council could proceed.

"I sent a letter to the Cobb County attorney," Haynie told the MDJ, "on Jan. 3, advising the county attorney that Cobb County missed two deadlines — one under the (intergovernmental services) agreement ... and also under the state annexation law.

"The DCA did not appoint a mediation panel. ... So twice, the deadline passed for the county to file objection, therefore they (the council) heard it tonight. I haven't heard from the county since that letter," he added.