It appears that the Cobb County CCRC code was tailor-made for Isakson Living and the Tritt property:
The Isakson Living Z-43 rezoning application contains some interesting math.
To calculate the number of units allowed at the current zoning of R-20, which allows 2 houses per acre, the 7 acres of floodplain was subtracted:
2 * (53.7 - 7) = 93.4 (rounded down to 93 in the application).
But, to calculate the density (units per acre) for a CCRC, the 7 acres of floodplain was left in:
(837 + 150) / 53.7 = 18.37
Why is that? Well, if the floodplain were subtracted, like it must be for every other residential zoning in Cobb, the density goes up:
(837 + 150) / (53.7 - 7) = 21.13
So, there is clearly an advantage to keeping the floodplain in the density calculation.
Now, it is a common practice for subject matter experts to help write laws and regulations:
- In 2008, Isakson Living helped write the very Continuing Care Retirement Community (CCRC) code they now trying to rezone the Tritt property to.
- Also, in 2008, Isakson Living started talking to Mrs. Tritt about her land. According to Isakson Living East Cobb's FAQ page, question: "Wasn’t the property supposed to become part of the East Cobb Park?", answer: "Mrs. Tritt has worked with Isakson Living for more than 5 years on the idea that one day her land might become a continuing care retirement community."
- The Tritt property is 13% floodplain (7 acres / 53.7 acres). UPDATE 9/3/2013: The Isakson Living East Cobb FAQ page states that the floodplain is 7.49 acres, making the Tritt property 13.9% floodplain.
- The clause that states that the floodplain cannot be included in density calculations was deleted from the CCRC code, making it the only residential zoning in Cobb without that clause. (The PDF is linked to from this page).
The Isakson Living Z-43 rezoning application contains some interesting math.
To calculate the number of units allowed at the current zoning of R-20, which allows 2 houses per acre, the 7 acres of floodplain was subtracted:
2 * (53.7 - 7) = 93.4 (rounded down to 93 in the application).
But, to calculate the density (units per acre) for a CCRC, the 7 acres of floodplain was left in:
(837 + 150) / 53.7 = 18.37
Why is that? Well, if the floodplain were subtracted, like it must be for every other residential zoning in Cobb, the density goes up:
(837 + 150) / (53.7 - 7) = 21.13
So, there is clearly an advantage to keeping the floodplain in the density calculation.
Now, it is a common practice for subject matter experts to help write laws and regulations:
Isakson’s proposed CCRC is the first such community to apply for a rezoning under the Continuing Care Retirement Community District--a code Isakson Living helped develop along with other representatives from the development community, local government leaders and Cobb County residents. (http://seniorhousingnews.com/2013/06/12/in-the-pipeline-senior-housing-construction-projects-61213/)
And in the June 2008 draft of the Cobb CCRC code, the floodplain clause was deleted. (See http://www.naylornetwork.com/GAH-nwl/assets/june08/cobbccrcdraft.pdf, p.6, right-hand column). It read (before being deleted):
No floodplains and/or wetlands may be used in calculating the overall density of the development.
Then on June 24 2008, Kevin Isakson spoke before the Cobb Board of Commissioners right before they approved the CCRC zoning code.
Also, in 2008, Isakson Living started talking to Mrs. Tritt about her land:
No floodplains and/or wetlands may be used in calculating the overall density of the development.
Then on June 24 2008, Kevin Isakson spoke before the Cobb Board of Commissioners right before they approved the CCRC zoning code.
Also, in 2008, Isakson Living started talking to Mrs. Tritt about her land:
Some 20 years later Wylene [Tritt] received a visit from two other Isakson family members – Andy, Johnny’s brother and Kevin, Johnny’s son. By 2008 Andy and Kevin had begun to look for land in East Cobb as a possible site for a Continuing Care Retirement Community (CCRC). (http://www.isaksonliving-eastcobb.com/about-us/tritt-family-story/)
ALSO:
"Mrs. Tritt has worked with Isakson Living for more than 5 years [5 years ago was 2008] on the idea that one day her land might become a continuing care retirement community." (http://www.isaksonliving-eastcobb.com/proposed-plans/questions-answers/#, answer to question "Wasn’t the property supposed to become part of the East Cobb Park?").
So, who requested that the floodplain clause be struck from the CCRC code? Was it the developer looking to buy a property with a significant amount of floodplain to develop a CCRC, and who was simultaneously helping write the CCRC code?
Isakson Living was trying to purchase the Tritt property back in 2008. Of course in 2008, the economy tanked, and Isakson Living soon had other problems, like defaulting on a $26 million dollar loan.
This is just my opinion, but I think Isakson Living wanted to build just as massive and dense in 2008 as they do now, but there were two thresholds they were unwilling to cross, to avoid a major uproar. One threshold was 1,000 units, so they planned on 987 (using the same psychology that makes people think $9.99 is such a better deal than $10.00). The second threshold was a density of 20 units per acre, which is 4 to 8 times the density allowed in adjacent subdivisions and the Tritt property itself. If they get to keep the floodplain in the density calculation, then they are under 20. It appears to me the regulatory process was subverted when the CCRC code was created in 2008 to give Isakson Living a density below their target threshold.
FYI, the Isakson Living East Cobb FAQ page, question "How many units per acre?", answer: "15.6", conveniently both includes the floodplain acreage, and excludes the 150 healthcare units (837 / 53.7 = 15.59). This disagrees with their zoning application (Z-43 2013) (p.4), which puts the density at 18.37.
Isakson Living was trying to purchase the Tritt property back in 2008. Of course in 2008, the economy tanked, and Isakson Living soon had other problems, like defaulting on a $26 million dollar loan.
This is just my opinion, but I think Isakson Living wanted to build just as massive and dense in 2008 as they do now, but there were two thresholds they were unwilling to cross, to avoid a major uproar. One threshold was 1,000 units, so they planned on 987 (using the same psychology that makes people think $9.99 is such a better deal than $10.00). The second threshold was a density of 20 units per acre, which is 4 to 8 times the density allowed in adjacent subdivisions and the Tritt property itself. If they get to keep the floodplain in the density calculation, then they are under 20. It appears to me the regulatory process was subverted when the CCRC code was created in 2008 to give Isakson Living a density below their target threshold.
FYI, the Isakson Living East Cobb FAQ page, question "How many units per acre?", answer: "15.6", conveniently both includes the floodplain acreage, and excludes the 150 healthcare units (837 / 53.7 = 15.59). This disagrees with their zoning application (Z-43 2013) (p.4), which puts the density at 18.37.
The Tritt propery is currently zoned R-20 and is in the Low Density Residential (LDR) Future Land Use category. The zonings allowed in LDR are:
RR, R-80, R-40, R-30, R-20, R-15, RA-5, OSC
Source: http://comdev.cobbcountyga.gov/documents/CPA2013BookFINAL_compressed.pdf, p.5
CCRC is not included in this list, but the CCRC code states that a CCRC is allowed in the LDR category.
I checked every one of the zonings allowed in LDR, and they all have the clause:
"No floodplains, wetland areas or cemeteries may be used in calculating the overall density of the development."
The sole exception is CCRC. Why is that?
The description of LDR states the following:
Any area of floodplain or wetlands shall be subtracted from the aggregate area of the site submitted for zoning or development prior to the calculation of residential density.
Source: http://portal.cobbcountyga.gov/images/documents/comm-dev/land-use/CommunityAgendaApproved_2.28.2012_compressed_000.pdf, p.70
Nowhere in the CCRC code does it say that it supersedes the LDR guidelines. So, I believe the floodplain MUST come out of the Z-43 Isakson Living East Cobb density calculation, and the true density is 21.13 units per acre.
The Cobb County Zoning Codes are available online:
RR, R-80, R-40, R-30, R-20, R-15, RA-5, OSC
Source: http://comdev.cobbcountyga.gov/documents/CPA2013BookFINAL_compressed.pdf, p.5
CCRC is not included in this list, but the CCRC code states that a CCRC is allowed in the LDR category.
I checked every one of the zonings allowed in LDR, and they all have the clause:
"No floodplains, wetland areas or cemeteries may be used in calculating the overall density of the development."
The sole exception is CCRC. Why is that?
The description of LDR states the following:
Any area of floodplain or wetlands shall be subtracted from the aggregate area of the site submitted for zoning or development prior to the calculation of residential density.
Source: http://portal.cobbcountyga.gov/images/documents/comm-dev/land-use/CommunityAgendaApproved_2.28.2012_compressed_000.pdf, p.70
Nowhere in the CCRC code does it say that it supersedes the LDR guidelines. So, I believe the floodplain MUST come out of the Z-43 Isakson Living East Cobb density calculation, and the true density is 21.13 units per acre.
The Cobb County Zoning Codes are available online:
- Go to the Cobb Municipal Code Site.
- On the left side, click on Chapter 134 - ZONING
- On the right side, click on ARTICLE IV. - DISTRICT REGULATIONS
- You should see a long list of the zoning codes in Cobb. CCRC (Sec. 134-202.1. CCRC continuing care retirement community district.) is the 18th one down, and you can click on it. The other zoning codes mentioned above (R-20, R-15, etc.) are also on this page.