Roswell Settles Zoning Lawsuit For Assisted Living Project

ROSWELL, GA — Roswell leaders have approved a settlement agreement between the city and a company stemming from the November 2017 rejection of a rezoning application.

The City Council voted 5-1, with Councilman Marcelo Zapata opposing, to approve the settlement and initiate the rezoning petition for property along Holcomb Bridge Road near Steeple Chase Drive.

The city-initiated rezoning of the 8.428-acre site from office park (OP) to commercial corridor (CC) would accommodate an 120-unit assisted living facility, along with medical offices and other uses allowed in the CC district. However, the following uses would be prohibited from the site:

• No multi-family housing;
• no town houses;
• no telecommunication towers;
• no bail bond offices;
• no pawnshops;
• no group homes;
• no shooting ranges;
• no vehicle rentals;
• no vehicle sales and leasing, new;
• no vehicle sales and leasing, used;
• no vehicle storage uses;
• no vehicle repairs, either minor, major or commercial;
• no convenience stores;
• no hotel/motels exceeding 30 rooms;
• no title loans, check cashing stores;
• no drive-thru facilities; and
• no car wash facilities.

The developer also agreed to work with the Roswell Department of Transportation to improve Powder Ridge to line up with Holcomb Bridge Road with the entrance to the Horseshoe Bend community. JNS would do this by donating property to Roswell for the city to do the project at its expense. The agreement also notes JNS will accommodate pedestrian inter-parcel access by building eight-foot sidewalks along Holcomb Bridge Road to the East Village Property.

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Roswell also notes this rezoned property will not be eligible to be included in the GA 400/Holcomb Bridge Road Corridor Height Overlay if it becomes law. JNS also agreed to limit the building height to no more than three stories and the assisted living facility must be a minimum of four acres.

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