The City Council on Tuesday night approved rezoning to allow an assisted living facility at 8012 Shallowford Road at the site of a long-planned Bio-Diversity Park.
Sandy Kurtz, of the Urban Century Institute, said selling the land at the top of the hill at the site was the only way to provide the needed funds to set up the park on the rest of the property.
Urban Century Institute wound up with the property as environmental mitigation for land along South Chickamauga Creek when the Brainerd Walmart was built.
Ms. Kurtz said the environmental group favors the assisted living project.
However, it was noted there is an ongoing lawsuit in Chancery Court over whether the assisted living facility would qualify as a residential or commercial operation. Mike Price, representing the developer, said the project would not go forward if a judge declares it to be commercial.
He also said that the project would not get underway until there is a ruling from the judge. Another delay could come if the decision of the court is appealed, he said.
The project by Clarity Pointe would include 76 units and 110 beds in a three-story building. Mr. Price said it would be set back 200 feet from the road.
He said the developers would work with the park group, including possibly setting aside some trail head parking spots as well as mitigating water runoff problems.
The other option for developing the property would be 30 homes. Mr. Price said that would be a much noisier situation for neighbors and generate much more traffic.