NEWPORT-Advocates for a new residential treatment center for recovering drug addicts and alcoholics on Woodlawn Avenue faced strong opposition by neighboring residents and a lawyer on Thursday at a meeting of the Newport Regional Planning Commission.

The commission delayed a vote on the new center until its next meeting on July 30 so it and an attorney representing opponents to the plan can consult with City Attorney Terry Hurst about the matter.

 

Site Plan Proposed

At Thursday's meeting, Michael McCarter, operations manager for Tennessee Community Health Services' current facility at 211 Woodlawn Ave., presented a proposed site plan for commission approval.

If approved, the plan calls for converting a white residence with a picket fence near the intersection of Woodlawn Avenue and College Street into an eight-bed residential treatment center.

The address of the new facility would be 231 Woodlawn Ave. It is very close to the existing 10-bed facility, which is called Mimosa Manor. They are located in a residential area that also has a Methodist church nearby-and less than two blocks away, Newport Grammar School.

The Planning Commission approved the concept for the new treatment center at its last meeting, held in May, apparently before they were aware of the controversy the plan has generated.

 

Residents and Lawyer State Opposition

Opponents have apparently been active since planning commissioners met in May.

At Thursday's meeting, Tyler Roberts said he owns a home situated between the two properties, at 225 Woodlawn Ave.

His attorney, Bryan Delius, who said he practices law in Sevierville, argued at length about why his client Roberts and other residents in the area oppose the new treatment center.

Delius also presented a petition with 31 names on it to the Planning Commission of what he said were residents who live close to Mimosa Manor and the proposed facility. The petition opposes an expansion of treatment services in the area.

Delius also presented photos showing heavy vehicle traffic in the area that Roberts said he took in the last two to three recent years.

"In the last few months the traffic flow has been less," Roberts acknowledged. Prior to that period of time, however, traffic going into Mimosa Manor or leaving it was noticeable "on an hourly basis," he added.

 

Substance Abuse Center Residents Described

McCarter said the residents were "non-violent" and "non-felons," and that they must be accompanied by a staff member when they walk around beyond the facility's property.

Tyler said there was "no way of knowing which people were staff." He added, "I've seen pedestrians lounging around on the grass" in the front section of Mimosa Manor, visible to passersby.

Other residents attended Thursday's meeting to voice their complaints and opposition to a new facility.

 

Drugs dropped off?

One said he had seen brown bags dropped from vehicles that passed in front of Mimosa Manor, indicating illicit drugs or maybe alcohol were being supplied to clients of the substance abuse center by friends or dealers.

Other complaints lodged:

• Cars stopping in front of Mimosa Manor in a lane of traffic to talk to residents being treated there, which thwarts the flow of traffic. It was also alleged that some of the traffic to or from the facility is also reckless.

• Noisy clients at Mimosa Manor playing basketball up to 11 p.m. at night.

• Blaring music with lyrics containing profanity.

• One client allegedly knocked on the window of an elderly neighbor in the area late at night.

• Waking up neighbors at night because of loud noises coming from Mimosa Manor.

 

Facility Will Be Close to Grammar School

• The new facility is only about one and one-half blocks from Newport Grammar School on College Street.

Debbie Wiley, who said she has lived in a house across the street from Mimosa Manor for 24 years, got emotional at times as she spoke her grievances.

She said if residents are in "rehab" at Mimosa Manor, they shouldn't be playing basketball at 11 p.m.

Wiley also said that because music with profanity was played loudly, she can no longer sit on her front porch, relax, and be undisturbed.

"I'm in nursing," Wiley said, "so I understand rehab. But why not have it away from residences?"

McCarter did his best to answer the complaints.

Roberts said McCarter has been available in the past to hear complaints from residents.

"I'll give Michael (McCarter) credit. We've spoken," he said.

McCarter said curfew at Mimosa Manor was 10 p.m.

 

Rules At Center Not Being Enforced?

After Roberts and Wiley shared their numerous concerns, planning commissioner Mansfield McMann addressed McCarter and said, "What seems to be the problem is, your rules aren't being enforced."

"I can't be there 24/7," conceded McCarter.

McMann added that Thursday's meeting was the first time he had heard complaints about Mimosa Manor and the proposed new facility.

Delius, the lawyer for Roberts, said the new facility would violate several zoning regulations.

He said, for example, that there was no 10-foot buffer zone around the proposed facility to separate it from an adjoining residence, as required. He also said it was not set back at least 40 feet from Woodlawn Avenue.

"It's a commercial structure being shoe-horned into a residential area," Delius said of the proposed facility.

However, Planning Commission Chairman Cecil Gilland said, "It's hard to enforce a 40-foot setback requirement for existing buildings."

 

Action Postponed Until July

Delius asked commissioners to table the discussion until the next meeting so he and the planning commissioners could meet with the city attorney before a vote on the proposed site plan for the new facility takes place.

Planning commissioner Dennis Thornton made a motion to that effect, and it was passed unanimously.

The Planning Commission first convened on Thursday as the Newport Board of Zoning Appeals. It then adjourned and immediately reassembled as the Newport Regional Planning Commission.

The franchisee for Aaron's at 628 Cosby Highway, Bill Jenkins, successfully argued that its display on a pole in front of the store, which is run up in the mornings while the store is open and removed every evening, meets the definition of a flag, and not a commercial banner. The flag has "Aaron's" written on it.

If the board of zoning appeals had ruled it an advertising banner, it would not have been allowed to be displayed as close as it is to Cosby Highway.

 

New Flood Plain Maps Recommended

In other business, the Planning Commission approved a motion to recommend to the Newport City Council that they adopt new flood plain maps from the Federal Emergency Management Agency.

State planner Troy Ebbert said the new maps are more precise than existing ones, "all digital," and will "eventually" be available online.

The maps are slated to go into effect Sept. 25.

Finally, the planning commission unanimously approved a 2009-2010 Annual Performance Report and Planning Program Design from the state planning office.

According to the report, its principal purpose is "to provide the Planning Commission with an evaluation of the community's overall planning program, and to establish a work plan for the year ahead. Simply put, it is a 'plan for planning' in the community.