Pamela Roach 0

Preserve Kyle Farm Conservation Subdivision Vote No Z57

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UPDATE: The BOC voted 4-1 to decline Z-57! Thank you for your support in helping to achieve this goal! Click to see the December 2018 agenda of the Planning Commission and Board of Commissioners.

Kyle Farms Z57 zoning request submitted in June 2018 sought to reduce lot width from 75 feet to 60 feet in order to increase the number of homes. This resulted in Cobb County staff recommending denial and the planning commission voting against it. Please know that the original zoning for Kyle Farm was the result of a court settlement between a different developer and surrounding neighborhoods in 2006. The developer, who knew of this settlement when he purchased the land, wants our Board of Commissioners (BOC) to change that court decision and allow him to build more houses. The developer has not presented any hardships as to why they need increased density. The developer is seeking to make changes to an already platted CS (Conservation Subdivision) zoned subdivision.

Now, a week before the BOC meeting, the developer has changed their application to a new request for more senior housing. The new proposal has not been reviewed in the normal process. It has not been reviewed by county staff or by the planning commission. It was submitted Nov 13 for consideration at the Nov 20 Board of Commissioners meeting and asks the BOC to rewrite existing RSL code and the current dev­­­­elopment restrictions agreed to by the original developer of Kyle Farms and the courts.

Nothing is stopping the developer from building to Easy Living Standards (for Seniors) on lots as they are currently platted. He could do this without RSL zoning or changing the 2006 settlement.

Why is the developer only now applying Nov 13 for a meeting on Nov 20 for “RSL” zoning; instead of following the regular procedures of staff, planning commission, and then BOC. If he wanted RSL, why not originally apply for that instead of substantially changing the application with one week to go before the hearing?

This new proposal has not been considered by the planning commissioners nor have neighbors had time to weigh in on it. The people who currently live in Kyle Farms that the developer mentions in support of this application were not the ones that negotiated the agreement in 2006. The community characterized as a few by the applicant includes several large neighborhoods; we need time to properly review this; much more than a week as it will impact us and the entire county in the future. If passed now, this could be used in the future as a new standard anywhere in the county and could be applied to any existing already platted subdivision for a rezoning request.

Besides requesting changes to an already platted subdivision without any hardship reasons, this proposal is in direct violation of our county RSL regulations which states that RSLs:

134-203.2 11 r states no RSL may be located within an existing subdivision

134-203.2 11 p states that RSL amenity areas must be designed for residents 55 and older. The developer simply states that they agree to “completion of the oversized amenity center which is currently being built to accommodate all of Kyle Farms residents by Spring, 2019”. How will the design accommodate those 55 and older?

134-203.2 11 j requiring an HOA… will the RSL have its own HOA separate from the Kyle Farm HOA?

134-203.2 5 Buffer requirements (RSL requires 20’ minimums) are not mentioned in the new application by the developer, but he does mention the RSL across the street with a reference to an “existing Suburban Condominium (SC) age-targeted homes”. The RSL across the street has 50 foot buffers along Lost Mtn. Rd. and 75 foot buffers along Pickens Rd. To be in keeping with that neighborhood, the developer should match the 50 foot buffer and screening standards.

The site plan included in the latest rezoning application does not show the buffers required for RSL or to maintain the look and feel of this community. As it appears when you drive down Lost Mtn. Rd. from Dallas Hwy., it will look drastically different than the other neighborhoods and the rest of Kyle Farm. Please sign indicating your support to deny this application at this time by the Board of Commissioners. Also, please email them and call, as well as attending the Nov 20 meeting if possible. Please call or email all the Board of Commissioners. Use this link and scroll down for BOC emails and phone numbers.

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