Press Release: Cobb County/April 15, 2015
Developer Isakson Living and property owner Wylene Tritt will file a lawsuit against the Cobb County Commission in Cobb County Superior Court tomorrow challenging the zoning of Mrs. Tritt’s 53.7-acres on Roswell Road.
“The current 40 year old R-20 zoning classification of Ms. Tritt’s property along four, soon to be six, lane Roswell Road is unconscionable given the intense development along this corridor,” said Kevin Isakson, Isakson Living. “We are filing suit on behalf of Mrs. Tritt in order to protect her rights as an individual property owner and to preserve the right seniors should have to access appropriate residential options in the communities in which they live. We are willing to fight for those rights and with the support we have seen from Cobb seniors, we know that we won’t be fighting alone.”
The lawsuit, which asserts that the current R-20 zoning for the property is unconstitutional, is being filed in response to the Cobb County Commission’s denial of Isakson Living’s zoning change request to a “CCRC” continuing care retirement community category for the property. A CCRC is a residential community offering independent homes enhanced by onsite amenities such as dining, activities, entertainment, fitness, wellness and health services.
According to the Atlanta Regional Commission, there are currently 78,000 Cobb residents over the age of 65 representing approximately 10 percent of Cobb’s total population. East Cobb has the highest concentration of people over the age of 65 at 16.6 percent.
“Re-zoning initially can be about emotions. In the end it comes down to alternatives. The property is going to be developed, and it’s not going to be a park, so what are the realistic alternatives?” added Isakson. “A senior community as proposed would generate the least traffic, would not put additional burdens on our schools and would fill a needed void for seniors in our community. These are the reasons Mrs. Tritt selected Isakson Living to develop her land. We are filing suit with Mrs. Tritt in order to protect her rights as a property owner.”
Wylene Tritt, whose family has owned the land for over 140 years, has lived on the property for more than 50 years and raised her family there through many changes as East Cobb has grown.
“This suit is about a number of issues, including the fact that the best and most-needed use of my property remains a CCRC and I have a right to sell to the developer I believe will provide the best stewardship of the land.” said Mrs. Tritt. “My land could be developed into a number of commercial and/or residential uses, but I believe a senior community would address a great need and have a lasting positive impact on the community my family has called home for over 100 years.”
Isakson Living originally filed for rezoning in May 2013 and has spent almost two years working with elected officials, the county, neighborhood, civic and community-based organizations, and revised its plans multiple times in order to incorporate their feedback and address their concerns.