Cobb officials will allow construction to continue on a 178-home subdivision in the western part of the county, despite objections from some neighbors that they were promised one type of housing but another is being built.
An open house for the first two homes in Summerhour, off Paul Samuel Road, is scheduled for Sunday.
Nearby residents objected to rezoning the property from very low density residential to higher density open space community. But in 2014, representatives for developer John Wieland Homes and Neighborhoods reduced the number of houses planned and assured the county commission that the houses would be built in a “traditional” style with upscale architectural features such as double doors, wraparound porches, brick facade and columns.
They also said the houses would be priced between $500,000 and $700,000. The county is not allowed to set set home prices but developers often disclose them in zoning hearings to assure neighbors that their home values will not be adversely affected.
Since then, Pulte Homes has acquired the property from John Wieland.
Critics of Summerhour say the structures that will be shown at the open house bear no resemblance to the two-story brick illustration on the email advertising the event, or to the renderings approved with the rezoning in 2014.
The two completed homes are missing many of the features residents were expecting, including the wraparound porches, double doors, bay windows and stone or brick siding. A sign on the property now advertises homes from $410,000 to $480,000.
Last year, the county suspended building permits for the developer in response to resident concerns. But Commissioner Bob Weatherford said Pulte was allowed to proceed because the homes, although different from the renderings, were in compliance with the letter of the law. He said the county likely would lose a lawsuit if it denied the permits.
“Apparently, in this case, the stipulations were nebulous at best,” Weatherford said. He added that Pulte had promised to “dress those homes up.”
He urged constituents to “pay more attention to detail” in stipulations in the future.
Kevin Moore, a prominent local attorney, authored the original stipulation letter. He did not respond to a voice mail requesting comment.
Allowing the developer to swap out a different design sets a dangerous precedent for zoning and land use, neighbors say.
“If the developer can now come in and do what they want to do … then we really have nothing and we’re disenfranchised,” said Mark Talley, who lives in Woodbridge at Hamilton Lake. “We have no process that works because even what comes out of the process is not followed.”
Talley said if Cobb residents can’t trust the zoning process, “you’re going to have a lot of people who throw their hands up in the air and say, ‘Why bother?’” He added that community members are still weighing their options.
Melissa O’Brien, a West Cobb resident who is active in zoning, said she believes the renderings are binding.
“The renderings represent what the houses are supposed to look like,” she said.
In an emailed statement, Pulte said the new designs are “superior” to the originals.
” … We also worked closely with appropriate officials to ensure that they are in compliance with all existing zoning requirements,” the statement read.
A new sheaf of house designs was added to the county’s file this summer along with an email from Weatherford’s assistant, Shannon Woody, approving the proposed homes on Weatherford’s behalf.
The county’s zoning division manager, John Pederson, said, “There was no language in the stipulation letter nor the (Board of Commissioners’) approval conditions to limit the house plans to a specific plan or number of plans.”
Kyle Rollins, a neighbor, accused Pulte of cutting trees that were supposed to be kept, polluting the land and failing to provide a portable toilet for workers, forcing them to use the nearby woods.
“What I’ve watched through the development has made me sad and sick,” Rollins said. “They’re not following what JW Homes agreed to do.”
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