Roswell residents worried that a 19-home development would be built in their decades-old cul-de-sac got a reprieve this week when members of the city council voted to stop the project.
But an attorney for the would-be developer said she plans to sue the city, saying there is “no legal basis” for the rejection.
“The city council tends to be very reactive to homeowners,” said Kathy Zickert, an attorney who represents the developer. “We are absolutely going to appeal.”
The proposal was indicative of a trend in metro Atlanta to fit more houses into smaller spaces, bringing additional traffic and more stress for existing residents.
As the price of land goes up, traffic gets worse and more people want to be closer to jobs in Atlanta and the northern Perimeter, any extra space is enticing to builders, said John Hunt, principal of real estate research firms ViaSearch and MarketNsight.
“People’s incomes are flat, and land costs have exploded up,” Hunt said. “People have to have somewhere to live.”
In other parts of the metro region, new homes have already been built in long-established areas. In Decatur, 20 townhomes were built on Hibernia Avenue, where the Decatur United Church of Christ once stood. In Sandy Springs, Pulte took down about half a dozen single-family homes and built roughly five dozen condos and townhouses.
The Atlanta Regional Commission estimates the metro population will increase by 2.5 million people by 2040 — roughly the equivalent of the entire population of metropolitan Charlotte, N.C., moving to the region.
The Roswell project, on Ridgefield Drive in the city, drew the attention of residents worried that building that many homes in an existing subdivision would set a precedent for new construction in well-established areas. Michael Hartley, who lives next to the site, has been in his home for 38 years.
“We’re still celebrating our victory, but realizing it may not be the final chapter,” Hartley said Thursday. “I feel like we did what we could.”
Roswell's planning commission had already approved preliminary plans for the Greyden Engineering development near the intersection of Wileo and Coleman roads. They called for a development with one entrance, off the cul-de-sac.
Now, there is one home there, built on three lots.
Kurt Hilbert, an attorney representing Hartley, said the development had run afoul of various ordinances and the city’s comprehensive plan. He said he was “ecstatic” both for Hartley and for the city that the project was rejected.
“The law’s in our favor,” Hilbert said. “It would have set a very unsavory precedent for the city of Roswell. Developers could come in and it would become suburban infill really quick.”
Hilbert said he felt like David taking down Goliath when council members voted in his client’s favor. He called the victory a “pleasant surprise.”
As for Hartley, he said he’s done what he can to fight the construction. Now, any response to a lawsuit will be in the city’s hands.
He hopes Roswell’s leaders take note of the strong response, which included a outburst of applause when council members voted to deny the project.
“Development needs to be curbed a little bit,” Hartley said. “We can’t just let it go run rampant.”
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