Tritt Property - Action Needed Today:  
Encourage Commissioners to Keep Tritt Property on the Splost list, Board of Commissioners voting on May 26 at 1:30 online.
 
The SPLOST 2022 list of projects will be voted on tomorrow, Tuesday, May 26 at 1:30pm by the Board of Commissioners.  Good news: Included in the Tier 1 project list for the next SPLOST is funding to purchase the remaining 24 acres of the Tritt Property, which includes the original homestead and the 100-year-old barn! 

We are thrilled by the news (MDJ article, East Cobb News article, Marietta Patch article, Bob Ott's Newsletter) that the County and Mrs. Tritt have reached an agreement to save a portion of this beautiful, historic piece of property as green space for all citizens to enjoy! It has been the long held desire of the community to preserve this spectacular property, and we are grateful for every person who has been a part of the long journey to achieve this goal.

​We extend our gratitude and heartfelt thanks to the Tritt family for their graciousness and generosity in helping this become a reality. We want to specially thank Mrs. Tritt for her continued care and maintenance of this property over the years as a lasting legacy for East Cobb.

Our sincere thanks to Commissioner Ott and the BOC for recognizing the importance that parks and green space bring to communities all over Cobb. We appreciate all their efforts to fulfill the long standing Park Bond 2008 referendum on parks and greenspace.

A special thank you to the Friends of East Cobb Park for their generous donation to help preserve the Tritt property as a park.

We look forward to continuing the work of preserving the remaining acreage in the future to have all 54 acres as the "Green Jewel of East Cobb"!

​Mark your calendars!!! This TUESDAY, JUNE 26 at 7pm is the official vote when the Board of Commissioners plans to approve the Tritt property purchase with Park Bond 2008 funds, and we encourage everyone to attend!!​ (BoC meeting room: 100 Cherokee St NE # 300, Marietta, GA 30090) This is our opportunity to show support and thanks for their decision to save this property as greenspace / parkland!

The 54-acre Tritt property, located next to 20-acre East Cobb Park, was the impetus for the entire Park Bond 2006 program.  When the Tritt property in East Cobb wasn't purchased in 2006, it was again recommended for purchase by Cobb County's Citizen Advisory Committee in 2008.  

The 112-acre Bullard Farm & Stockton Property in West Cobb, located near Oregon Park, was purchased for $18.5 million from the $40 million Park Bond 2006 Referendum funds.  The Bullard/Stockton property was renamed Green Meadows Preserve, and it was the other major property along with the Tritt property that inspired the Park Bond process.

• It's worth mentioning only 3 out of the 29 properties recommended for purchase with the 2008 Park Bond were in District 2.  However, now 8 years later, the Tritt property is actually the only District 2 property left from the 2008 Park Bond list, because the other 2 -- the 2 1/2-acre Stillhouse property in Vinings & the 9-acre Robinson Road property near Old Canton -- were both developed.  Also two more nearby potential park properties in District 3 -- 16-acre Pinkney near East Piedmont &  31-acre Holly Springs Road -- have already been developed. 
  
  
• Of the 13 properties on the New Park Bond 2008 list published November 2, 2016, zero properties for District 2 are listed as a Tier 1 property, and only 1 property is listed on Tier 2.

• We are grateful to have 20-acre East Cobb Park!  Even still, District 2 has the lowest number of county and city parks, despite the highest population density and least land available as greenspace or parks.  
  
  These county park and city park numbers are based on the 2017 redistricting, so the number of parks in District 2 has been even lower.  

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Note:  Adding in the National Parks and FEMA floodplain means that Districts 2 and 4 are close in the amount of total greenspace, with District 3 the lowest.  

Here are the Parks and Recreation Master Plan documents in 2002 from Lose & Associates (This is the same company the Board of Commissioners recently approved to complete a new Master Plan in 2017): 
2001 Parks Master Plan (sections 1-3)
2001 Parks Master Plan (sections 4-6)
2001 Parks Master Plan (sections 7-9)

The Master Plan is over 150 pages, and on page 1 the report says "southern & eastern Cobb are the most deficient areas for city and county parkland." That's still true today.   

Marietta Daily Journal Article: Supporters pushing for Tritt property’s purchase
Jon Gargis

Nov 2, 2016

​The Tritt family is giving our community a golden opportunity to help shape the future of East Cobb. 

​Mrs. Tritt personally wrote a letter (see below) about how she would like to see the Tritt property on Roswell Road become a park for all of East Cobb to enjoy!  To make this happen, we need everyone to join in the effort!

This property is one of the last remaining large undeveloped tracts of land in the heart of East Cobb.  It is more than just saving greenspace, it is the preservation of property that was here when East Cobb was settled some 184 years ago. We can preserve the history and create an exciting and memorable destination.​​

The 54-acre Tritt property was the #1 property recommended on both the Park Bond 2006 list and the Park Bond 2008 list. In fact, this lovely "green Jewel of East Cobb" was the impetus for the entire Park Bond process!

East Cobb Park is the most popular park in Cobb County, so it makes sense as the population increases to expand park capacity in this area. ​The vision for the new Tritt Park includes tons of activities to do such as nature hiking trails, mountain biking trails, disc golf, botanical gardens with a wedding gazebo, an East Cobb history center, and an art studio for art shows.   

BREAKING NEWS on the Tritt Property and Isakson Living lawsuit:

"Today, Isakson Living has ended its litigation against the Cobb County Board of Commissioners to appeal the Board’s 2015 denial of CCRC zoning..." Also, Isakson Living has terminated their contract with Mrs. Wylene Tritt for the beautiful 54-acre Tritt Property located next to East Cobb Park!
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Please let us be respectful of both Isakson and Mrs. Tritt and show grace in our response as we receive this news. We thank each one of you for sticking with this for so long, being part of a process that was at times frustrating and so very time consuming. Your commitment never wavered and we are so grateful you stuck together as a community to see it through. We will post updates on our Facebook and the website.  

God Bless you and thank you so very much for all you did to make this a reality. You are a dedicated group of citizens and we are proud to be part of this community.

We now have an opportunity to work toward making the Tritt property a park. Please join with the Cobb Parks Coalition and come to the Board of Commissioners meeting next Tuesday, September 27 at 7p to show support (wear green!) for including the 2008 Park Bond funding in the 2017 Budget. 

In 2008, residents across Cobb County voted by an overwhelming majority to fund more park space in Cobb by voter referendum. The Tritt property was on the original 2008 list of properties and was re-nominated in April 2016 of this year to be added to the list of properties under consideration for purchase by the county.
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Voters have patiently waited 8 years to see the $40 million park bond become a reality. Please come and show your support for having the Board of Commissioners fully fund the park bond and fulfill the will of the citizens of Cobb.
The Park Bond 2008 reactivation is set to be approved in the Budget 2017 on September 27 at 7p at 100 Cherokee Street near the Marietta Square. Please be there wearing green to support full funding for Park Bond 2008!

Marietta Daily Journal Article:

Isakson Living drops lawsuit over east Cobb rezoning

Sep 22, 2016
Ricky Leroux

The developer and property owner that were suing the county after commissioners denied a rezoning request for a senior living project in east Cobb have voluntarily dropped the suit, their lawyers confirmed Thursday.

Atlanta-based Isakson Living filed a request to rezone 53.7 acres on Roswell Road adjacent to East Cobb Park that was denied in March 2015, 18 months after it was originally proposed. The company and the property’s owner, Wylene Tritt, sued the county over the decision, which has gone through multiple round of mediation.

In a statement on the company’s website, Kevin Isakson, director of sales and marketing for Isakson living, explained why the suit was dropped.

“After more than three years of negotiations followed by mediation and ultimately litigation, we have determined that we will not be able to realize the superb retirement community we envisioned Tritt Walk to be,” Isakson said. “We have worked extensively with elected officials including the Cobb County Board of Commissioners, as well as representatives of adjacent neighborhoods and civic and community-based organizations, to address their concerns and incorporate their feedback into our plans for Tritt Walk. We have made multiple revisions and reduced the number of residences at Tritt Walk significantly; however, no further reductions are possible if we are to provide the Isakson Living level of services and accommodations.”

Commissioner Bob Ott, who represents east Cobb on the commission, said he’s happy to see the suit dismissed.

“It saves the county the expense of going forward with time in court,” Ott said. “I also am pleased because I think that the decision the board made was the correct one, that the proposal put in front of the board was too intense. … It was never a question of the quality and the caliber of the product. It really came down to the intensity of the overall project.”

In addition to dropping the suit, Isakson Living also cancelled its contract with Tritt to purchase the property, leading Tritt to send a letter to county officials asking that the county consider purchasing her property to use as a park. The letter is dated Sept. 21, the day before the suit was officially dropped.

“I would appreciate having my property … included on the list for consideration by the Parks Committee and the Board of Commissioners,” said Tritt in the letter, which goes on to say that “development of my property as a park would make it possible for the largest number of the county’s residents to enjoy its recreational possibilities, as well as fulfill the expressed wishes of very many who live in east Cobb.” [Read the entire letter published in the MDJ]

The Tritt property was on a list of 29 properties a parks bond citizen advisory committee compiled for the county to consider purchasing with a $40 million park bond voters approved in November 2008. The bonds were never issued by county leadership at the time, with then-Chairman Sam Olens citing an inability to issue the bonds without a tax increase due to the tanking economy.

Since that time, the economy has rebounded and the county reformed the citizen advisory committee this year to create a new list of potential park purchases. Ott said the committee has begun the process of evaluating the 166 properties across the county that were nominated for purchase and is expected to present commissioners with a report in October.

When the county was seeking nominations for properties, Ott said, he asked county staff to ask Tritt if the property was available for purchase for parks, “and at the time, we were told it wasn’t up for sale, so that’s why it wasn’t included on the list.”

Because the nominating window has closed and the committee has already begun whittling down the list of potential properties, Ott said county staff is working with the committee to find a way for the Tritt property to be considered.

“In fairness to all the properties that have been considered, I think that the county has to go back to the committee. I think it’s the committee’s decision because they are done reviewing all the (nominated) properties. … I think it would be great (for) 53 acres in east Cobb to be considered — we asked about it the first time — but I do think we have to be respectful of the time the committee has already put into it. They are all citizen volunteers.”

Fred Estfan, Tritt’s attorney and real estate broker, said Tritt is not disclosing her asking price for the county to purchase the property, but said they would “undertake a massive public campaign” in the coming weeks to get the support of the public to try to get a commitment from the county to purchase the property.

“The property is going to be sold. The question is: Is the county going to step up to the plate finally?” Tritt said. “We’ve asked them for an opportunity to present the case. It’s really a very simple thing to do. There has to be some will to do it.”

Ott said the purchase needs to go through the proper channels.

“Obviously, if money wasn’t an object, the county would love to preserve as many acres as possible, but as was demonstrated the first time we went through this, it depends on what the properties’ cost is and the other parks and greenspace in a particular area. That’s why we have the committee. To simply go and buy it because the owner wants us to buy it would negate the whole purpose of the committee.”

Here is the latest court document from Cobb County to Isakson Living. The document was filed on May 18, 2016, but was not available on the court website until early June.

District 2 Commissioner Bob Ott put forward an agenda item recommending the Board of Commissioners direct the Cobb County Legal Department to end mediation with Isakson Living so that the "languishing" case can proceed on to the Cobb County Superior Court.  This agenda item will be discussed and voted on at the next Board of Commissioners meeting on Tuesday, April 26, 2016 at 7:00 PM.  Everyone is welcome to attend the meeting at 100 Cherokee Street, 2nd Floor BoC room, near the Marietta Square.  Wear green shirts to show our continued support to deny the original Isakson Living plan.  You can also watch the April 26 meeting live on TV 23.  We will post updates after the vote.

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This Agenda Item is published here: http://160.73.50.75/countyclerk/0/doc/29652/Page1.aspx

COBB COUNTY BOARD OF COMMISSIONERS 
REGULAR AGENDA COVER 
REGULAR MEETING OF APRIL 26, 2016 
ITEM 
NO. 1
District 2 (Southeast Cobb) 
To direct Legal to proceed in the Cobb County Superior Court with the litigation of Tritt and Isakson Living Communities, LLC v. Cobb County, Georgia, et al. 


 
Agenda Item Number. 1 
Cobb County Board of Commissioners 
Comm. Dist. Bob Ott, Commissioner, District 2 
 
100 Cherokee Street, Suite 300 
Marietta, Georgia 30090-7000 
(770) 528-3315 / fax: (770) 528-2606 

TO: David Hankerson, County Manager 
FROM: Bob Ott, Commissioner 
This item has been electronically signed by: 
Bob Ott, Commissioner, District 2 
Lisa Cupid, Commissioner, District 4 

DATE: 
April 26, 2016 

PURPOSE 
To direct Legal to proceed in the Cobb County Superior Court with the litigation of Tritt and 
Isakson Living Communities, LLC v. Cobb County, Georgia, et al. 

BACKGROUND 
Wylene S. Tritt and Isakson Living Communities, LLC ( Plaintiffs) filed suit against Cobb County, Georgia on April 16, 2015 to appeal the BOC decision to deny the rezoning of a 53 acre tract from R-20 to CCRC. The property fronts Roswell Road in the vicinity of the new WellStar facility, with a park on one side and residential subdivisions on the other side and to the rear. The parties attended mediation on two separate occasions, November 16, 2015 and January 18, 2016. At the second mediation, the mediator ended the mediation because it appeared that the parties would not reach a resolution. The parties had previously agreed to stay discovery pending the outcome of mediation. However, in February, 2016, counsel for the Plaintiffs notified Legal that a written plan of the final offer verbalized at mediation would be delivered by March 11, 2016 so that the property could be posted, advertised and presented for a vote by the full BOC. To date no plan has been received and the matter has been languishing. 

RECOMMENDATION 
The Board of Commissioners direct Legal to proceed in the Cobb County Superior Court with the litigation of Tritt and Isakson Living Communities, LLC v. Cobb County, Georgia, et al. 

 

New District 2 Areas

Many NEW East Cobbers can vote in this election.

The area of Cobb Commission District 2 was changed by the state legislature as part of redistricting of Cobb County in 2014.  

Many areas north of Roswell Road, which were formerly in District 3, are now in District 2.  Commissioner JoAnn Birrell’s District 3 map changed too.  

The District 2 area now includes most of the Pope High School area, as well as part of Lassiter High School.  District 2 still covers the Walton and Wheeler High School areas in East Cobb.

Voters who live in the new boundaries of District 2 can vote for the District 2 Commissioner this year, even if they voted for the District 3 Commissioner in 2014. See the new map here.

The Isakson Living project is now a major campaign issue in the District 2 race, so it's important we all vote on May 24, 2016. Johnathan Page is challenging Bob Ott for his seat on the Cobb County Board of Commissioners. A major backer of Jonathan Page criticizes Bob Ott's zoning decision on Isakson Living. In the April 14, 2016 Marietta Daily Journal, Jim Rhoden, a major supporter of Page, criticized Ott's decision to deny the Isakson Living zoning next to East Cobb Park, called "Tritt Walk" in the article.  See the full article here &/or this recent blog post about his stance.

In 2013, East Cobbers wondered how Isakson Living could propose a large number of 5-story apartment buildings 108-feet tall with nearly 1,000 units planned in a single development the size of 2 Georgia Domes next to low density residential neighborhoods with 3 Walton district schools nearby and directly bordering well-loved East Cobb Park, the only passive use park in this part of East Cobb.  

​The answer is the CCRC (continuing care residential community) zoning code, drafted in large part by Isakson Living in 2008, controversial from the beginning, and unsupported by every community member on the CCRC drafting committee. It is the only Cobb zoning code that doesn't include wetlands or floodplain when calculating density, and the entire CCRC code is heavily weighted in favor of the developer, allowing for building heights of up to 4-stories. The RSL (residential senior living) zoning code limits building heights to 2-stories and 35-feet maximums in residential areas, so the CCRC is quite an deviation from the accepted land use norms. 

The CCRC proposed by Isakson Living had an independent living component with a density higher than that of most apartment complexes in Metro Atlanta.  Again, the zoning codes used by apartment complexes in Cobb County (RM-8, RM-12, RM-16) are not recommended for Low Density Residential land.

In addition, the parking level in the CCRC was not clarified as a story in the CCRC zoning code, which is how Isakson Living proposed 5-story apartments, rather than the recommended 2-stories or even up to 4-stories, in such a low density residential area.  Any zoning code in Low Density Residential neighborhoods should be limited to 35-feet or 2-stories from grade level, just as the RSL zoning code does.  In fact the RSL code could be better stated as 35-feet and 2-stories.

However, overall the RSL zoning code recognizes height and density concerns of communities in order to protect neighborhoods from overly intense developments. 

Some history of the CCRC zoning code in Cobb County:

July 2008 CCRC Zoning code approved, with reservations by all non-developer committee members

May 2013 Isakson Living proposed rezoning the 54-acre Tritt property under the CCRC code
 
October 2013 Isakson Living withdrew its CCRC application amid community opposition

November 2013 Isakson reapplied before the CCRC had a moratorium on new applications 

In 2014 Isakson Living proposed different CCRC plans for the Tritt property but all with similar heights, density & intensity 

March 2015 The Cobb Board of Commissioners denied Isakson Living CCRC rezoning

March 2015 Also, a 1-Year Moratorium on any CCRC application enacted 

April 2015 Isakson Living started litigation against Cobb County for the CCRC rezoning denial

January 2016 Cobb County planned to amend the RSL code for multi-stage senior living and delete the controversial CCRC code.  Cobb community members and civic associations supported this publicly.

February 2016
At the February 23, 2016 Board of Commissioners meeting to approve replacing the CCRC (Continuing Care Retirement Community) code by making improvements to the existing RSL (Residential Senior Living) code to allow for multi-stage senior living, Chairman Lee surprisingly delayed the vote.  

Why was the voted delayed?  
Chairman Lee said the Atlanta Regional Commission (ARC) had new information related to the proposed changes to Cobb's CCRC and RSL zoning codes, although he didn't specify what that new information was.   At the same February 23 meeting, Commissioner Bob Ott noted staff had nearly a year to look at the CCRC code changes during the Moratorium and questioned Commissioner Lee on how any information could possibly have that great an affect on this zoning code.  We agree with Commissioner Ott's assessment of the situation.

Some concerned citizens have requested the ARC information Commissioner Lee mentioned, and it appears none of the data calls into question the serious CCRC zoning code discrepancies, such as using floodplain in density calculations, allowing up to 4-stories in Low density areas, and not clarifying if parking can be counted as a story. 

• The CCRC moratorium has been in effect for several months, which should have been ample time to consider all the implications of the proposed zoning changes.
• If the county plans to consult industry leaders in the senior housing industry, it should also consult citizens of Cobb County to ensure that their concerns are addressed, both as residents and neighbors of these senior housing developments.
• Kevin Isakson serves on the ARC Aging Committee, so it would be a conflict of interest for the Cobb Board of Commissioners to take guidance from him on this matter, given the county's current litigation with Isakson Living and his direct business interest in maintaining the least restrictive CCRC possible.

 
Community members do not understand this delay in voting on a reasonable compromise to the senior living zoning districts which both promotes aging in place and at the same time protects neighborhoods from overly-intense developments.

Here is the Marietta Daily Journal article about the delayed vote.

February 24, 2016 MARIETTA — The Board of Commissioners postponed a decision on changes to senior living zoning categories that had been slated for a vote at Tuesday’s regular meeting. 

The amendment followed a contentious zoning case last year concerning Tritt Walk, a proposed 481-senior living community by Isakson Living near East Cobb Park. The county is engaged in litigation with the developer and property owner over the board’s decision to deny the zoning request. 

The proposed changes would have implications for density and floodplain for new projects. 

Chairman Tim Lee asked the board Tuesday to postpone taking action on the senior living code changes “to provide staff with an opportunity to spend a little bit more time with some subject matter experts as to what the demand is in today’s world and … to try to match where the trend is going for senior housing.”

Speaking during the public hearing, Jill Flamm of the East Cobb Civic Association called the proposed changes a “definitive improvement” and called on the board to approve the amendment as drafted and not to put it off any longer.

Carol Brown of Canton Road Neighbors also expressed support for the changes, but added, “(We) think maybe it’s a good idea to review the new initiatives that are out there for people who want to age in place.”

Commissioner Bob Ott came out against postponing a decision on the amended senior living code.

“This board put in place a moratorium on new (Continued Care Retirement Communities) a year ago and gave staff the direction to spend that year, which they have done, doing exactly what, Mr. Chairman, you’re asking this board to delay for and that is review the needs and requirements of senior living,” Ott said. “I just think that delaying this any further is just kicking the can down the road ... I cannot support continuing this any further; it’s been looked at for a year.”

The board voted 4-1 to postpone voting on senior living zoning, with Ott opposing.

Read more: The Marietta Daily Journal - Cobb BoC postpones vote on senior living