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HomeMy WebLinkAbout07-07 BOS Staff Report CONDITIONAL USE PERMIT #07-07 FLORENCE HEFLIN Staff Report for the Board of Supervisors Prepared: October 31, 2007 Staff Contact: Lauren E. Krempa, Planner I This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 10/03/07 Recommended Approval Board of Supervisors: 11/14/07 Pending LOCATION: This property is located at 215 Stafford Drive (Route 1226) in the Frederick Heights Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 54E-4-B-2 PROPERTY ZONING & PRESENT` USE: Zoned: RP (Residential Performance) Land Use: Residential Dwelling ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Residential East: RP (Residential Performance) Land Use: Residential West: RP (Residential Performance) Land Use: Residential PROPOSED USE: This application is for a proposed adult care residence, to be located within the existing residential dwelling on the property. CUP #07-07, Florence Heflin October 31, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 1226, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire Marshall: Plans approved as submitted. Frederick County Inspections: Adult care facility with five or less occupants shall remain in the same use group without a change provided the structure complies with the occupant load limits approved on the existing Certificate of Occupancy. Adult care facility that accommodates more than five shall require a change of use building permit to (Residential) R-4 use group in accordance to the International Building Code/2003. A floor plan shall be submitted for review at the time of permit application and a new certificate of occupancy shall be issued prior to operation. Sanitation Authority: No comment. Frederick-Winchester Health Department: House appears to be serviced by public water and sewer. If so, the Health Department cannot comment as it does not regulate public water and sewer. If the house is serviced by private well and drainfield, the owner must provide records of such usage before comments can be given. Winchester Regional Airport: No comment – would not impact airside operations. City of Winchester: No comments. Planning and Zoning: Convalescent and nursing homes, adult care residences, and assisted living facilities are permitted in the RP (Residential Performance) zoning district with an approved conditional use permit. This application is for an adult care residence to be located within the existing residence at 215 Stafford Drive. The applicant has proposed a small scale operation which appears to have little measurable impacts on the surrounding properties. In an effort to eliminate any impacts on surrounding residents, all elements of this care facility should take place within the existing residence located on the property. CUP #07-07, Florence Heflin October 31, 2007 Page 3 To eliminate the impacts associated with the presence of visitors on the property, staff feels it is appropriate to limit the visitation hours and require that all vehicles associated with this facility be parked on the property of 215 Stafford Drive. This eliminates disputes over on-street parking, as well as confining the impacts of visitation to the applicant. The applicant is a Certified Nursing Assistant and the co-owner of the property is a Licensed Practical Nurse. Therefore, no outside employees other than the residents of 215 Stafford Drive have been requested. The applicant originally intended to care for a maximum of two adults at a time; however, based upon the Building Official’s comment, staff feels that a maximum of five care receiving occupants is appropriate. In addition, there should be no more than one care receiving occupant per bedroom. Given the small scale of this proposed application, staff feels that additional employees are unnecessary and would only create an impact to surrounding property owners. STAFF CONCLUSIONS FOR THE 10/03/07 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. The adult care residence facility shall take place entirely inside the existing residential dwelling, located at 215 Stafford Drive. 2. No more than five occupants shall be allowed on the property for the purpose of the adult care residence at any time. There shall be no more than one care-receiving occupant per bedroom. 3. No signs shall be posted on the property advertising the adult care residence. 4. Visiting hours for the adult care residence shall be limited to between the hours of 10:00 a.m. and 9:00 p.m. All visitor vehicles should be parked on the property of 215 Stafford Drive. 5. No employees, other than residents of 215 Stafford Drive, are permitted on the property. 6. One business vehicle shall be permitted on the property for the transport of occupants. 7. Any expansion or change of use shall require a new conditional use permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/03/07 MEETING: The Vice Chairman asked the applicants if they understood all of the conditions related to their conditional use permit and the applicants replied yes. There were no public comments. No issues were raised by members of the Commission. The Planning Commission unanimously recommended approval with all of the conditions recommended by the staff, as follows: CUP #07-07, Florence Heflin October 31, 2007 Page 4 1. The adult care residence facility shall take place entirely inside the existing residential dwelling, located at 215 Stafford Drive. 2. No more than five occupants shall be allowed on the property for the purpose of the adult care residence at any time. There shall be no more than one care-receiving occupant per bedroom. 3. No signs shall be posted on the property advertising the adult care residence. 4. Visiting hours for the adult care residence shall be limited to between the hours of 10:00 a.m. and 9:00 p.m. All visitor vehicles should be parked on the property of 215 Stafford Drive. 5. No employees, other than residents of 215 Stafford Drive, are permitted on the property. 6. One business vehicle shall be permitted on the property for the transport of occupants. 7. Any expansion or change of use shall require a new conditional use permit. (Note: Commissioners Watt, Ours, and Wilmot were absent from the meeting.) STAFF CONCLUSIONS FOR THE 11/14/07 BOARD MEETING: Should the Board of Supervisors find this use appropriate, Staff would recommend the following conditions: 1. The adult care residence facility shall take place entirely inside the existing residential dwelling, located at 215 Stafford Drive. 2. No more than five occupants shall be allowed on the property for the purpose of the adult care residence at any time. There shall be no more than one care-receiving occupant per bedroom. 3. No signs shall be posted on the property advertising the adult care residence. 4. Visiting hours for the adult care residence shall be limited to between the hours of 10:00 a.m. and 9:00 p.m. All visitor vehicles should be parked on the property of 215 Stafford Drive. 5. No employees, other than residents of 215 Stafford Drive, are permitted on the property. 6. One business vehicle shall be permitted on the property for the transport of occupants. 7. Any expansion or change of use shall require a new conditional use permit. Following the required public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.