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Home My WebLink About02-08 ApplicationAPPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA OFFCCE USE ONLY - Appeal Application # Submittal Deadline C% Submittal Date „ For the meeting of Fee Paid _ yes initials: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other x (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: HH Hunt Corporation NAME: None ADDRESS c/o Lawson & Silek, PLC P.O. Box 2740, Winchester, VA 22604 ADDRESS: TELEPHONE: (540) 665-0050 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): South side of U.S. Route 50 - Northwestern Pike, between but not adjacent to Ward Avenue (Rt. 1317) and Round Hill Road. Approximately 0.25 mi. west of the Route 37 bypass. Property is accessed from Echo Lane, off the arterial road south of U.S. Route 50. 4. Magisterial District: Back creek 5. 14 -Digit Property Identification No.: 53-A-81, 53-A-82, 53B-3-25 6. The existing zoning of the property is: RA - Rural Agricultural 7. The existing use of the property is: Open Space/vacant 8. Adjoining Property: USE North Commercial East Residential/Commercial South Residential/Open Space West Residential ZONING B-2 RA/B-2 RA RA 9. Describe the decision being appealed. (Attach a copy of the written decision.) Appeal from the opinion of the Zoning Administrator that the proposed Assisted Living Facility is not permitted in the B-2 Zoning District (See attached letter.) 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) See additional attached information. 11. Additional comments, if any: Section 165-48.5 of the Zoning Ordinance specifically contemplates and establishes standards for "assisted living care facilities" in the B-2 Business General District. �) varcei Number5l0wner5 J Route 50 A55f5ted Living Facility Parcel ID #(5): 5313-3-5, 538-3-24 Zoned: RA Owner: The Marathon Bank PO Box 189 Dunbar, WV 25064 Parcel 1D #: 538-3-25 Zoned: RA Owner: PHTH Properties LLC 1 15 1 Cedar Creek Grade Winchester, VA 22GO2 Parcel ID #: 538-2-24 Zoned: RA Owner: Judy N. Puffinber9er PO Box 1 13 Winchester, VA 22604 Parcel lD #: 538- 1-1 Zoned: RA Owner. Barbara A. Hahn 2 1 17 Northwestern Pike Winchester, VA 22603 Parcel ID #: 538-2-29 Zoned: RA Owner: Timothy S. Butcher 1 13 Stonewall Drive Wnche5ter, VA 22602 Parcel ID #(s): 538-3-2G, 53B-3-27, 538-3--28 Zoned: RA Owner: Guy W. * Armitha Wofford 108 Ward Avenue Winchester, VA 22602 Parcel ID #: 538-3-29, 538-3-30, 538--3-31, 538-3-32 Zoned: RA Owner: Calvin Lee Ritter 152 Linden Drive Winchester, VA 22GO Parcel ID #: 53B-3-35, 53B-3-33, 53B--3-34 Zoned: RA Owner: Joseph I. Scruggs PO Box 243 Winchester, VA 22GO4 Parcel ID #: 538-3-3G, 538--3-37, 53B-3-38 Zoned: RA Owner: Nanbodan PropertIe5 LLC 2054 Northwestern Pike Winchester, VA 22603 Parcel ID #: 53-A-86 Zoned: RA Owner: Trudy Poe O'Donnell 200 Ward Avenue Winchester, VA 22602 On -Site Easement The Potomac Edison Company DB 783, PG 941 Allegheny Power Service Corp. West Winchester Substation Addre55: 882 Baker Lane Winchester, VA 22603 Location: Echo Lane off of Route 50w Parcel ID #: 53-A-81 A Zoned: RA Owner: Patricia M. Smith I I G Stonewall Drive Winchester, VA 22602 APPLICATION FOR APPEAL — HH HUNT CORPORATION To the Board of Zoning Appeals: Applicant HH Hunt Corporation has proposed construction of an assisted living care facility in the B-2 General Business District. This is an appeal from a determination of the Zoning Administrator, by letter dated February 20, 2008, that an assisted living care facility as proposed by the Applicant, is not a permitted use in the B-2 District. The Zoning Administrator's Opinion relied on the Standard Industrial Classification (SIC) Code, used by Frederick County to determine the types of uses that are allowed in Frederick County's commercial and industrial zoning districts. The passages quoted below are drawn directly from SIC use descriptions. The Zoning Administrator's determination stated that an assisted living care facility is analogous to a Residential Care Facility as defined by the SIC. The SIC classifies the following establishments as types of Residential Care Facilities: • Drug and alcohol rehabilitation centers; • Children's boarding homes and group foster homes; • Halfway homes for delinquents and offenders; • Juvenile correctional homes; • Orphanages and; • Training schools for delinquents The SIC specifically notes that "Establishments engaged in providing nursing and health related personal care are classified in Industry Group 805." Industry Group 805, including Nursing and Personal Care Facilities, are uses permitted by right in the B-2 District. Nursing and Personal Care Facilities are described as "Establishments primarily engaged in providing some nursing and/or health-related care to patients who do not require the degree of care and treatment that a skilled or intermediate care facility is designed to provide." The Applicant's proposed assisted living care facility, providing nursing care and the administration and supervision of treatments, is much more like a Nursing and Personal Care Facility than a Residential Care Facility, where health care is merely incidental to the other services provided. The Frederick County Zoning Ordinance specifically contemplates the existence of assisted living care facilities in the B-2 District. §165-48.5 provides that: Adult care residences, assisted living care facilities and convalescent or nursing homes located in the B2 Business General District shall meet the following requirements: A. Thirty percent of the total acreage of the site utilized for adult care residences and assisted living care facilities shall remain in green space. Areas designated for buffers and screening and stormwater management facilities that are required to serve this use may be included in this percentage.. B. Road efficiency buffers as specified in § 165-37R of this chapter shall be met. Because the Applicant's proposed assisted living care facility is a Nursing and Personal Care Facility as defined by the SIC, HH Hunt Corporation has filed an appeal of the Zoning Administrator's determination and request that this Board issue an interpretation that the proposed assisted living care facility is a by -right use in the B-2 General Business District under the Frederick County Zoning Ordinance. 2 AGREEMENT APPEAL # I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT ��<,. C,{�DATE 3/20/2008 Nathan B. Campbell, CoUfisel for Applicant SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY - DATE BZA PUBLIC HEARING OF 11I:�t ACTION: JMIZ w4.WIN ATE - APPEAL OVERRULED APPEAL SUSTAINED SIGNED: DATE: Re,. 1/97 BZA CHARY, IAN