Council tables vote after hours of public comment on assisted‑living plan behind Heritage Presbyterian

City council on a late April evening tabled consideration of an ordinance that would have approved a conditional‑use permit for a proposed Silver Birch assisted‑living community on land owned by Heritage Presbyterian Church near the intersection of Tylersville and Mesa Montgomery roads.

The proposal from Vermillion Development — operating the senior housing under the Silver Birch Living brand — would place an assisted‑living building and related parking on roughly 8.5 acres adjacent to the church. The developer and its consultants told the council the project would provide senior housing, generate property tax revenue on land that is currently tax‑exempt, and create about 45–50 jobs at the community. City planning staff and the Planning Commission had recommended approval of the conditional use after reviewing the code standards.

Neighbors and other residents, who outnumbered supporters at the meeting, told council they were concerned about the building’s scale, traffic, stormwater and public‑safety impacts. Several speakers said their subdivision has no sidewalks and that school traffic already creates congestion at the Tylersville–Mesa Montgomery corridor. “We have no sidewalks, and our children play outside regularly. This development raises a number of serious issues that have yet to be fully addressed,” one resident said.

Developers and consultants addressed those concerns in presentations. Andy Comer, senior traffic engineer for TMS Engineers, said industry guidance (Institute of Transportation Engineers trip generation) estimates roughly 300 daily trips for a facility of the proposed type and about 22 total trips during the busiest one‑hour peak; he said that level does not typically require a full traffic impact study under local and state thresholds. Brad Ovanek, civil engineer with Cage Engineering, described a proposed stormwater management basin on the north side of the site that would detain and treat runoff and discharge into the existing underground storm sewer in Tylersville Road. Maggie Grislak, project manager with WJW Architects, described design changes the team said were made in response to neighborhood feedback, including moving an access point and increasing landscaping buffers.

City planning staff (Jordy, planning staff) reviewed the conditional‑use standards for a nursing home in an R‑3 district: minimum lot size (2 acres), access off arterial or collector roads, screening where parking is within 150 feet of residences, and impervious‑surface limits (40% maximum). The site meets those standards on paper, staff said: the lot is about 8.5 acres, access would be from the arterial roads, and proposed lot coverage was below 40%.

Still, multiple residents said the proposed facility would be out of character for the neighborhood, would overlook back yards despite proposed berms and plantings, and could worsen existing drainage and flooding problems in the creek behind several properties. One resident and several council members noted that a fully engineered stormwater plan and detailed traffic studies typically are prepared later in the process, and that developers often do not invest in those studies until they have obtained land‑use approvals.

Council members asked for additional time to review outstanding technical questions and to coordinate site walks and staff briefings. After discussion, council voted to table the ordinance; the mayor said the item would return for council consideration at a future meeting (council indicated May 12 during the discussion). The public hearing is closed, and additional materials produced for the required site plan, grading and stormwater reviews will be evaluated by staff and Planning Commission before any final building permits are issued.

Why it matters: The decision pits the city’s stated interest in increasing senior housing supply and generating tax revenue on formerly tax‑exempt land against nearby residents’ concerns about traffic, safety, drainage and neighborhood character. Council members said they want reliable technical studies and a clearer list of conditions tied to the zoning code’s conditional‑use standards before rendering a final decision.

What comes next: The developer will continue design work and coordination with city engineering and planning staff; Planning Commission will review the site plan, stormwater and utility designs if council moves the item forward. Council signaled an intent to review additional information at its May meeting before voting on the ordinance.