Rezoning for a new residential development in Johns Creek is expected to settle a three-year lawsuit between the developer and the city, but nearby residents say the new homes could be flooded if a local dam fails.

The Providence Group plans to build 128 detached single-family homes and townhouses on 24 acres along State Bridge Road. Johns Creek City Council approved rezoning the land during its July 26 meeting.

Before council approval, nearby homeowners spoke in opposition of the new homes, saying part of the development will be located in the breach zone for the dam connected to Spratlin Lake.

A breach zone is the area that would be flooded in a worst-case scenario if a dam were to fail, according to the Department of Natural Resources.

“If you allow them to build these homes, they’re going to be in our breach zone and they’re going to get inundated with water should we have the 100-year-flood,” said Scott Leeds with Waterford Country Lake homeowners association. “We’re really concerned about that.”

The 22-acre lake is connected to the Daniels and Thomaselli dam which has a Category I classification with the Department of Natural Resources. That means if the dam fails and major flooding occurs, there would be probable loss of life downstream, David Griffin, an engineer with the DNR Environmental Protection Division, told The Atlanta Journal-Constitution.

Waterford, Lakehill and Donamere subdivisons own the dam and Spratlin Lake, Leeds said. They hired the firm Carter Engineering to look into the breach zone area and dam failure concerns.

Leeds said The Providence Group development should either not build in the space where the new homeowners would be at risk, or spend the $1.6 million that the three subdivisions were told it would cost to reconfigure the dam area.

Council members approved rezoning for new development after Mayor Mike Bodker pointed out the city hasn’t officially determined whether new homes would be built in the dam breach zone. If the city determines the development is building in the breach area, The Providence Group wouldn’t be approved for a land disturbance permit, which is required before construction can begin, city officials said.

Council members said the rezoning for the development resolves a lawsuit brought by the developer and nine homeowners who joined the litigation that started in 2018. That year, City Council denied rezoning for a more dense housing plan that included different styles of townhomes totaling 208 units on 23 acres of land.