HomeMy WebLinkAbout04-00 BOS Staff ReportPC REVIEW: 04/05/00
BOS REVIEW: 04/26/00
C^"NDMITI ^N AL USE PERMIT #Er0"4-00
CRYSTAL AND ROBERT REPINE
Assisted Living Facility
LOCATION: This property is located at 200 Riverdale Circle.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 56-4-2-8
PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) District;
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) Districts;
Land Use: Residential
PROPOSED USE: Assisted Living Facility
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to conditional use permit for this property.
However, prior to operation of the business, a commercial entrance must be constructed to
our minimum 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.
Inspections Department: Existing building and addition shall comply with the Virginia
Uniform Statewide Building code and Section 310, Use Group R (Residential) of the BOCA
National Building Code/ 1996. Note: Please be aware that a change of use building permit
shall be required if more than five lodgers or boarders are housed within a single/one-family
dwelling. If the number requested is to remain at six, please submit a floor plan of the
building at the time of change of use permit application.
Crystal and Robert Repine CUP
Page 2
April 17, 2000
Fire Marshal: Smoke detectors and portable fire extinguishers on each floor. Plan approval
is recommended.
Health Department: Please see attached letters dated January 18, 2000 from Karl E.
Evans, Environmental Health Supervisor.
City of Winchester: No comment.
Planning and Zoning: The Zoning Ordinance allows for an assisted living facility with a
Conditional Use Permit in the RP (Residential Performance) Zoning District. This assisted
living facility will be located in the principal structure, and be limited to six (6) elderly adults.
In light of the Health Department comments staff would recommend that the applicant
addresses these comments within 90 days of approval. The adjoining properties are located
25 feet from the principal structure where the business will be located. Based upon the limited
scale of the proposed use and evaluation of the property, it appears this use would not have
any significant impacts on the adjoining properties.
STAFF CONCLUSIONS FOR THE 04-05-00 PLANNING COMMISSION MEETING:
Staff recommends approval with the following conditions:
All review agency comments shall be complied with at all times.
2. Health Department comments shall be addressed within 90 days of approval.
3. This assisted living facility shall be permitted to provide for a maximum of six qualifying
adults.
4. No business sign will be permitted.
5. The applicant shall satisfy all licensing requirements of the Virginia Department of Social
Services and the County of Frederick.
6. Any change of use or expansion of the business will require a new Conditional Use Permit.
Crystal and Robert Repine CUP
Page 3
April 17, 2000
PLANNING COMMISSION SUMMARY & ACTION OF 04/05/00 MEETING:
The staff pointed out that since the staff report was completed, the applicant had received a letter
from the Department of Environmental Quality (DEQ) granting a permit for domestic sewage
discharge of less than or equal to 1,000 gallons per day and authorized discharge under the Virginia
Pollutant Discharge Elimination System. (See attached letter dated March 28, 2000.)
Commenting on the Repine's application whereby the applicant desired to have six qualifying adult
residents, the Commission inquired if the applicants were aware of the major structural changes
required by the Building Inspections Department when increasing the number of residents from five
to six. The applicant replied that after becoming aware of these additional requirements, they decided
to stay with a maximum of five residents, instead of six.
Commission members had numerous questions regarding the sewage disposal system which included
the aesthetic disturbance, discharge into the creek, the proximity of nearby residences, and regulations
governing the system. The staff pointed out that the County permits the use of alternative sewage
disposal systems and relies on the State to determine if the system is appropriate and whether or not
the site meets the necessary criteria for installation and discharge.
There were no citizen comments.
By a majority vote, the Planning Commission recommended approval of the conditional use permit
with an amendment to Condition #3, to reduce the number of qualifying adults from six to five, and
with other conditions as recommended by the staff, as follows:
All review agency comments shall be complied with at all times.
Health Department comments shall be addressed within 90 days of approval.
2. This assisted living facility shall be permitted to provide for a maximum of five qualifying
adults.
No business sign will be permitted.
4. The applicant shall satisfy all licensing requirements of the Virginia Department of Social
Services and the County of Frederick.
Any change of use or expansion of the business will require a new Conditional Use Permit.
Crystal and Robert Repine CUP
Page 4
April 17, 2000
The vote on this recommendation was as follows:
YES (TO APPROVE): Fisher, Kriz, Marker, Light, Unger, DeHaven
NO: Miller, Ours, Thomas, Wilson
(Note: Mr. Robert Morris was absent from this meeting.)
O: \Agendas\COMMENTS\CUP's\2000\Repi n e. C UP. wpd