A rezoning request to allow an assisted care facility on Whitemarsh Island was denied a recommendation at the Metropolitan Planning Commission on Wednesday after neighbors voiced unified opposition.
Attorney Harold Yellin, representing Development Associates Inc., had come before the commission in January requesting a recommendation to rezone about 10 acres of land off U.S. Highway 80 and Bryan Woods Road from R-1 single-family residential to R-3 multifamily residential.
That meeting drew a large number of nearby residents and neighbors, who opposed the plan for a 90-bed senior living facility, citing the potential for noise and traffic, among other concerns.
The commission allowed Yellin to continue the petition to give the developers more time to make modifications to a conceptual site plan. Between that meeting and Wednesday, Yellin said, they had three meetings with the residents but found little common ground.
Showing the modified plans, Yellin said they had positioned the facility closer to the center of the property, shifted the parking and added more vegetative buffer. He said the number of beds also had been reduced to a maximum of 70.
“We do believe an assisted living facility is a very good transition between single family and Highway 80,” he said. “(This zoning) is consistent and one that fits.”
Planning commission staff also recommended the change.
“It's been staff's opinion that low density multifamily can be compatible with single-family residential,” said planner Marcus Lotson.
Still, neighbors were unconvinced and several times had chairwoman Tanya Milton banging the gavel for people speaking out of turn.
Rexanna Lester, whose home sits adjacent to the lot on Penrose Drive, said the request amounted to spot zoning and could open the neighborhood to further commercial intrusion.
“These new drawings guarantee nothing,” Lester said. “They added some bushes and rearranged the deck chairs.”
Another resident, Loran Bruce, bought his home in the neighborhood three years ago after searching extensively for the right property, saying zoning played a large part in his decision.
“I bought into an R-1 zone, and an arbitrary change to another designation is a betrayal of trust in my government,” he said.
The commission voted to deny staff's recommendation, 6-2, for rezoning as well as a change to the future land use map, though commissioner James Blackburn warned the Whitemarsh residents they would likely face the same problem again.
“In 60 years, no one has seen it appropriate to build on these lots,” he said. “That should tell all of you that it is not economically desirable to build single-family homes. That leaves the owner of the lots in a very good legal position to argue the (he) can't use the property under the current zoning and deserves to have something (he) can use.”
The Metropolitan Planning Commission board is an appointed recommending body for the City Council and County Commission. The rezoning request will next go to the Chatham County Commission for final consideration.