A proposal for an assisted-care facility on Whitemarsh Island encountered significant headwinds Tuesday when neighbors voiced strong opposition to a rezoning petition before the Metropolitan Planning Commission.
Neighbors’ concerns included increased traffic and noise along with degraded property values.
The petitioner, represented by attorney Harold Yellin, wants to rezone about 10 acres of undeveloped land from a single-family designation to multifamily residential to allow for a 90-bed, two-story senior care facility off Bryan Woods Road and Highway 80.
The land includes 2.8 acres of wetlands and sits across the road from the now-closed Uncle Bubba’s restaurant along Turner’s Creek.
The land, currently owned by Nevy Clark, is made up of seven parcels and is bisected by several unopened rights of way such as Battery Crescent and Battery Court. A firm called Development Associates Inc. is behind the senior care facility, which proposes having one main entrance off Bryan Woods Road.
Planning commission staff had recommended approval of the rezoning, saying they felt the multifamily designation was compatible with the existing use. However, residents mostly opposed the change at a community meeting Jan. 8.
Yellin, acknowledging the neighbors’ concerns, said the initial site plan included 60 percent greenspace, 15-foot buffers and a 6-foot fence. He said his client’s plan would bring less traffic than a full build-out of the property into single-family lots.
“There will be buffers, there will be setbacks and there will be height limitations,” Yellin said. “We believe this will make for a better transitional use between the existing residential and Highway 80.”
Some neighbors disagreed and raised a multitude of concerns.
Mareesa Torres said her backyard is 25 feet from the proposed property.
“We’re talking about a 90-bed, 24-hour facility with a lockdown Alzheimer’s and dementia ward,” Torres said. “This is, in every sense of the word, a commercial use in a neighborhood.”
Torres also pointed to the more than two dozen neighbors in the audience who oppose the project.
She said deed restrictions on two of the parcels in question may mean the developers end up using their narrow subdivision road as an entrance.
“Zoning is intended to be a useful tool but can have unintended consequences,” said Marianne Heimes, another Islands resident. “Mr. Clark has a right to sell this property, but people have a right to live with the zoning they bought into.”
After about an hour and a half of debate, Yellin requested a continuance of three weeks to allow time to come back with a full site plan, hoping to alleviate some of the concerns raised during debate.
Commissioners voted 9-2 for the continuance, with members James Blackburn and James Overton dissenting.
The commission’s next regular meeting will be at 1:30 p.m. Jan. 27 at 111 E. State St.