The URL can be used to link to this page

Home My WebLink About02-08 CommentsLAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, Sum 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 THOMAS MOORE LAWSON • TLAWSON`(A)LSPLC.COAI March 27, 2008 Mr. Mark R. Cheran Zoning and Subdivision Administrator The Department of Planning and Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 Re: Application for Appeal Our File No. 877.002 VIA HAND DELIVERY Dear Mr. Cheran: Enclosed please find the Power of Attorney forms for the HH Hunt Application for Appeal. I will assume the Application is now complete. If anything further is required to confirm this Appeal, please let me know immediately. Thank you for your assistance and cooperation. TML:sih Enclosures Very truly yours, Thomas Moore.Lawson FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEKJ@LYNXCONNECT.COM FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, TELEPHONE: (703) 352-2615, FACSIMH,E: (703) 352-4190, E-MAIL: THOMASO.LAWSONC.VERIZON.NET Bowm_,an C Co5 U t T 1 January 29, 2008 Mr. Mark R. Cheran, Zoning and Subdivision Administrator Frederick County Department of Planning and Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 RE: Route 50 Assisted Living Facility BCG Project #5132-01-003 Dear Mr. Cheran, J j �� :% L log This letter is a request for a zoning determination. Bowman Consulting Group is currently in the process of working on a Rezoning/ Master Development Plan submission for an Assisted Living Facility and were advised by Michael T. Ruddy, Deputy Director, to request from you a letter that would approve the proposed uses on our site and how they relate to the proposed B2 zoning designation that is being applied for. Our site is located on Route 50 — West, adjacent to the Marathon Bank project site (the corner of Ward Avenue and Route 50 (see context map attachment)). It is approximately 10 acres total. The current zoning onsite is RA and the proposed zoning is B2. The adjacent uses are primarily residential with RA zoning applicable. The exception is the bank with B2 zoning (per a relatively recent approval). Across Route 50 are the Walmart with associated uses and the Courtyard Marriott. The entire region is set in the Comprehensive Plan for business uses (see Comp Plan attachment). Our request for the zoning determination rests on the allowable SIC codes for B2 and the proposed uses onsite. According to Article X/ Section 165-82(B)(1), the B2 Business General District use allowed per SIC code that would cover our proposed uses is SIC 80 "Health Services". Given this is a Major Group, all uses under this would be allowed (per discussion with Mr. Ruddy). With that distinction, we would be part of the Industry Group 805: Nursing and Personal Care Facilities section. As a "sub -set" of this group, we would consider ourselves as under both "8051: Skilled Nursing Care Facilities" and "8059: Nursing and Personal Care Facilities, Not Elsewhere Classified". As an "Assisted Living Facility", by its nature, the primary tenant of this establishment will be seen as needing nursing assistance that they themselves cannot provide. Their admission is based upon a decision by a physician for the required need of on-going care and is a primary reason for their stay. Bowman Consulting Group, Ltd. 124 East Cork Street Winchester,VA 22601 Phone: 540.722.2343 -- Fax: 540.722.5080 www.bowmanconsulting.com Mr. Mark Cheran January 29, 2008 Page 2 of 2 What this establishment is not is a use under Major Group 83. This was a concern of Mr. Ruddy that he suggested should be addressed before submission for clarification. Under this group is a "sub -set" of Industry Group 836 of "8361: Residential Care". Although residential in nature, a primary source of separation in the text separating the Industry Groups is the requirement that under this group, health care is incidental to the home/ use. With an "Assisted Living Facility", health care is a primary reason for the admittance. This is likewise the case with our client. This is a home that will need additional nursing care for the elderly for continuous health care purposes. We respectfully request your approval of this explanation as described. Sincerely, BOWMAN CONSULTING GROUP Christop er AOldh cc: W. R. `Bo" Cook, Jr., HHHunt Attachments: Vicinity Map Frederick County Land Use Map N5132 - Route 50 Assisted Living\5132-01-043 (PLI)\Admin\Correspondence\Sent\January 29, 2008 to Mark Cheran.doc L EB 2 1 2000 CERTIFIED MAIL February 20, 2008 Christopher T. Oldham, C.A. C.L.A. Bowman Consulting Group, Ltd. 124 East Cork Street Winchester, VA 22601 COUNT'' of FREDEMCK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: Zoning Determination for AssistedLiving Facility use in the B-2 (Business General) Zoning District Dear Mr. Oldham: This letter is in response to your correspondence dated January 29, 2008, to the Zoning Administrator requesting a zoning determination on the above -referenced use in the B-2 Zoning District. In the correspondence, you indicated that your client wishes to establish an assisted living facility with on-going primary care, physician directed, with a residential component. The County of Frederick uses the Standard Industrial Classification Code (SIC) to determine the types of uses that are allowed in the County's commercial and industrial zoning districts. The proposed use of an assisted living facility with a residential component as described in your correspondence is classified as SIC -83 Social Services, and is not permitted within the B-2 Zoning District. However, convalescent and nursing homes, adult care residences, and assisted care facilities are allowed within the RP (Residential Performance) Zoning District of the County of Frederick with an approved Conditional Use Permit (CUP). All SIC -80 Health Services are allowed within the B-2 Zoning District provided there is no residential component. You may have the right to appeal this zoning determination within thirty (30) days of the date ofthis letter in accordance with Section 15.2-2311 ofthe Code of Virginia. This decision shall be final and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XM, Section 165-155A(1) of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, written statement setting forth the decision being appealed, date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit and a $300.00 filing fee, ($250.00 filing fee and a $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. 107 North Dent Street, Suite 202 • Winchester, Vis gins 22601-5000 Christopher T. Oldham Re: Zoning Determination February 20, 2008 Page 2 Please do not hesitate to contact me regarding any questions you may have at (540) 665-5651. Sincerely, i ark R. Ch an Zoning Administrator LAWSON AND SILEK, F.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 THOMAS MOORE LAWSON • TLAWSON(I�ULSPLC.COM March 20, 2008 Mr. Mark R. Cheran Zoning and Subdivision Administrator The Department of Planning and Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 Re: Application for Appeal Our File No. 877.002 VIA HAND DELIVERY Dear Mr. Cheran: Enclosed please find a completed Application for Appeal, along with two checks made payable to Treasurer of Frederick County in the amounts of $250.00 and $50.00, respectively. If anything further is required to confirm this Appeal, please let me know immediately. Thank you for your assistance and cooperation. Very truly yours, Thomas Moore Lawson TML:atd Enclosures "I +R 2 0 2nog FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635 -9421,E -MAIL: SILEKJ0.LYNXCONNECT.00M FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, TELEPHONE: (703) 352-2615, FACSIMILE: (703) 352-4190, E-MAIL: THOMASO.LAWSONCO.VERIZON.NET 1411 Hunt BZA Appeal Mark Cheran From: Nathan Campbell [ncampbell@lsplc.com] Sent: Friday, March 21, 2008 5:29 PM To: mcheran@co.frederick.va.us Subject: HH Hunt BZA Appeal Mark, Page l of 1 Thank you for letting me know that the HH Hunt appeal has been accepted for a hearing before the BZA. When we spoke earlier this afternoon you mentioned that there was an additional issue (beyond the power of attorney) that you wanted to talk about regarding the appeal. Can you let me know what that is? Also, just for my information, if we revised the Hunt application by removing all the references to the Route 50 parcels and just made it an appeal of the determination that assisted living care facilities are not a permitted use in the B-2 district, would that eliminate the need to get the property owners signatures or the POA? Thanks for your help, Nathan B. Campbell, Esq. Lawson and Silek, P.L.C. 120 Exeter Drive, Suite 200 Winchester, Virginia 22.603 Telephone: (540) 665-0050 Fax: (540) 722-4051 E-mail: ncampbell@lsplc.com The information contained in this message is information intended only for the use of the individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address. Thank you. 3/2V2W8