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Approval for ‘high quality’ Roswell development to end lawsuit
by Joan Durbin
April 10, 2013 10:31 AM | 4966 views | 0 0 comments | 5 5 recommendations | email to a friend | print
A developer’s lawsuit against Roswell will go away now that permission has been granted to build new homes on Etris Road.

Protracted negotiations with prospective neighbors by EAH Investments yielded a revised site plan that mollified nearby residents and elicited city council approval on Monday.

Paul Corley, CEO of Edward Anders Homes, told council that the total number of single family homes now proposed for the east and west side of 12160 Etris Road now was 29.

The company first had asked for 44, than 38, but in 2009 council chose not to enact the necessary rezonings and the company sued.

Under the new plan, three homes would be built in R1 zoning on the west side of Etris and the remainder would be on the east side on land to be rezoned R2. Nearby neighborhoods are Edenwilde, Hamilton Commons and Wexford.

EAH Investments offered to dismiss the legal action if a settlement could be reached on the new application.

“We always envisioned that in this location this community would be very high quality, in the $400,000 to $500,000 price range,” Corley said at Monday’s public hearing on the revised rezoning request. “What we think was forgotten or not really looked at was the quality that this development would be.”

In addition to reducing the number of houses, Corley said the company had concurred with 29 conditions, including increasing lot sizes, enhanced landscaping plans for Etris and Kent Roads and a pocket park inside the development.

EAH also voluntarily imposed covenant restrictions on the future homeowners association that would guarantee the upscale nature of the development, Corley said.

The only real issue for some council members and residents was whether Kent Road should have open access or not. One of the 29 conditions required a breakaway gate for emergency responders.

City transportation staff had recommended that the dirt road be paved and open, “but I think that got a lot of push back from the neighbors,” Corley said.

Mayor Jere Wood said he believed the road would be paved “in the indefinite future” and it could be stipulated in the list of conditions that the gate be removed at that time.

As Roswell has grown, more connectivity has become wholly desirable, the mayor indicated.

“One of the worst mistakes we ever made was dead ends and cul de sacs,” Wood said. “We’re now trying to revise that.”

But some residents at the hearing objected to the possible last-minute change to the neighborhoods’ negotiated conditions.

Councilwoman Nancy Diamond, who facilitated the conversations between the developer and residents, agreed. “I think I would be more comfortable if we had that discussion at a later time” with all the stakeholders, she said.

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