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Home My WebLink About05-06 BOS Staff ReportCONDITIONAL USE PERMIT #05-06 HILLTOP HOUSE Staff Report for the Board of Supervisors Prepared: August 2, 2006 Staff Contact: Kevin T. Henry, Planning Technician 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: 07/19/06 Recommended Approval Board of Supervisors: 08/23/06 Pending LOCATION: This subject property is located at 111 Denny Lane (just off Route 7). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55B-A-6 PROPERTY ZONING & PRESENT` USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: MH1 (Mobile Home Community) Land Use: Residential South: B2 (General Business) Land Use: Commercial East: RP (Residential Performance) Land Use: Residential West: B3 (Industrial Transition) Land Use: Residential PROPOSED USE: Adult Care Facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 7, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State’s right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. CUP #05-06, Hilltop House August 2, 2006 Page 2 Fire Marshal: Plan approved as submitted. Inspections Department: No comments at this time. Will comment on site plan review. Sanitation Authority: The Authority serves this facility. There is adequate sewer and water capacity to serve this site. Winchester-Frederick County Health Department: The Health Dept. has no objections as long as public water and sewer are utilized. Winchester Regional Airport: Since the Conditional Use Permit does not appear to have any impact on the operations of the Winchester Regional Airport, there are no objections or special conditions requested. Planning and Zoning: This proposed Conditional Use Permit (CUP) is for an Adult Care Facility. The applicant is currently operating a 74 bed adult care facility under CUP #03-93, previously revised from CUP #04-88. The location of this proposed additional operation will take place to the east of the current care facility, which is proposed to have 68 beds, and create a total of 56 parking spaces for the entire site. Convalescent and nursing homes are permitted in the RP (Residential Performance) Zoning District with an approved CUP. There is no objection to this application, but the submission of a site plan should be required to insure all issues associated with this use are adequately addressed. STAFF CONCLUSIONS FOR THE 07/19/06 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1)All review agency comments will be addressed and complied with as required. 2)All federal, state, and local regulations applicable to adult care facilities will be complied with at all times. 3)A site plan shall be submitted and receive approval prior to construction on the site. 4)The entrance onto Route 7 will strictly be a single right in/out driveway. PLANNING COMMISSION SUMMARY & ACTION OF THE 07/19/06 MEETING: The adjoining property owner to the west, at 1803 Berryville Pike, was concerned about the minimum spacing requirements for commercial entrances along Route 7. He was concerned that if Hilltop used their proposed entrance, which was the old access for Shenandoah Computers, then his property could be landlocked, if he rezoned to business use. Staff stated they could not speculate CUP #05-06, Hilltop House August 2, 2006 Page 3 requirements on the basis that Mr. Whitt may rezone his property sometime in the future. Staff explained that the adjoining property is zoned RP and has an existing driveway accessing an existing dwelling. A member of the Commission asked about the possibility of using an inter-parcel connector. The applicant said it would not be practical because the proposed building will be constructed along the full length of the property line; he said there will not be enough space for a driveway. One of the Commission members voiced his objection to continuing to accommodate this expanding use through a conditional use permit; he thought the property should be rezoned. He believed this was a good project and the location was appropriate; however, this was a misuse of the conditional use permit process and the County was essentially rezoning the property through conditional use permits. By a majority vote, the Planning Commission recommended approval of the conditional use permit with the following conditions: 1.All review agency comments will be addressed and complied with as required. 2.All federal, state, and local regulations applicable to adult care facilities will be complied with at all times. 3. A site plan shall be submitted and receive approval prior to construction on the site. 4.The entrance onto Route 7 will strictly be a single right-in/ right-out driveway. The majority vote was as follows: YES (TO APROVE): Unger, Watt, Morris, Oates, Light, Ours, Kriz, Triplett, Kerr, Mohn, Wilmot NO: Thomas (Commissioner Manuel was absent from the meeting.)