“Within close proximity to the subject property and along Roswell Road can be found major commercial centers, including … the Merchant’s Walk Shopping Center; and major retail … big box centers such as Home Depot and Target,” the lawsuit says.
A county spokesman did not immediately respond to a request for comment.
The company wants the zoning changed to a continuing care retirement community, which would offer homes, apartments and on-site facilities for dining, entertainment, fitness and health services to seniors age 62 and older.
“This property is going to be developed … so what are the realistic alternatives?” Isakson said in a prepared statement. “A senior community as proposed would generate the least traffic, would not put additional burdens on our schools and would fill a need for seniors in our community.”
The proposed complex would include 481 apartment units, 65 large single-family homes and a 75,000-square-foot fitness center. The rezoning was rejected by commissioners 3-2, with Bob Ott, JoAnn Birrell and Tim Lee voting against.
The suit will result in a mandatory mediation between the company and county officials. Ott said he would be personally involved.