Board holds senior-living rezoning after owners and stormwater staff raise dam and lake-access issues

The Cobb County Board of Commissioners on June 17 voted 4-0 to hold a rezoning request for a 114-unit residential senior living development until July 15 after county stormwater staff and neighboring property owners raised concerns about an eroded dam and limited access for future maintenance on Phillips Lake.

The applicant, Revive Land Group, proposed rezoning the roughly 53-acre assemblage to RSL for 114 units (about 2.4 units per acre). Planning staff and the planning commission recommended approval; the developer said it would preserve about 17 acres of undisturbed land and manage stormwater on-site rather than relying on Phillips Lake.

Why it matters: Stormwater staff found the lake's primary outlet pipe is no longer fully functional and that flow currently uses an auxiliary spillway that has eroded a hole on the downstream side of the dam. That condition has created localized erosion and raises questions about long-term maintenance access, because the dam property is divided among three owners.

Kevin Moore, attorney for the applicant, told the board the plan preserves ponds on-site and that the developer had reduced unit counts from its initial submittal and agreed to DOT comments and staff recommendations. "We have gone through a full traffic study, even though not required," Moore said, and noted agreement with DOT's revised comments.

Fred Chumley, whose property abuts the lake and who said he owns part of the lake, described visible erosion and said he's concerned about a nonfunctional standpipe and the spillway's condition. "There's a considerable amount of damage," Chumley told commissioners, and said he hoped the developer would help repair the spillway and maintain the dam.

Andrew Heath, Cobb County Stormwater Management, said he walked the dam with property owners and found the primary outlet pipe on the applicant's portion of the dam is not functioning. "Water now is sort of spilling through the auxiliary spillway," Heath said, and showed photos to the board depicting an eroded hole on the downstream slope. Heath recommended restoring the primary outlet and repairing the auxiliary spillway and said maintenance access should be clarified so future homeowners or an HOA can perform upkeep.

Neville Allison, managing partner of Revive Land Group, told the board the developer is willing to pay a fair share of any required dam or spillway repairs and to fund initial engineering and investigations. He also said there is room along the eastern property line outside floodplain and buffers where future access could be provided. "We are 100% amenable to footing our fair share, of any sort of required dam improvements, spillway improvements," Allison said.

Commissioner Sheffield moved to hold the case to July 15 and directed the applicant to submit an updated plan showing access to the dam from the subject parcel and to work with the other property owners and Stormwater Management on repair options; the motion passed 4-0. Stormwater staff will review any revised plan and the board asked the parties to pursue an agreement on access and repairs before the next hearing.