Loading...
HomeMy WebLinkAbout01-20 BOS Staff ReportCONDITIONAL USE PERMIT #01-20 J K Lee Services Staff Report for the Board of Supervisors Prepared: May 15, 2020 Staff Contact: Mark R. Cheran, Zoning Administrator 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: 05/06/20 Recommended Approval Board of Supervisors: 05/27/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for an expansion of an existing assisted living facility use located at 549 Valley Mill Road. This facility is currently operating under CUP #22-04 which allowed for 34 beds. This CUP, 01-20, requests the addition of six (6) additional resident rooms. The expansion would bring the total number of beds in the facility to 40. The Planning Commission held a public hearing for this item at their May 5, 2020 meeting. The Commission commended the facility and use as being a valuable asset to the community and recommended approval of the permit. Should the Board of Supervisors find this application to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Applicant must comply with all requirements of the State and County codes pertaining to adult care facilities at all times. 3. Any expansion or modification of this use shall require approval of a new site plan and a Conditional Use Permit. Following this 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. Page 2 CUP #01-20, J K Lee Services May 15, 2020 LOCATION: The subject property is located at 549 Valley Mill Road. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-56 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Assisted Living Care Facility ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential PROPOSED USE: The Applicant proposes expansion of an assisted living care facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The entrances are adequate for the proposed expansion. Frederick County Fire Marshal: Approved. Winchester-Frederick County Health Department: The subject property is served by municipal water and sewer. No objections to the proposed addition. Frederick Water: No comments at this time. Frederick County Inspections Department: Building shall comply with The 2015 Virginia Uniform Statewide Building Code and Section 308 – I-Institutional Use Group. Other Code that applies is 2015 Virginia Existing Building, ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities, 2015 Virginia Energy Code, 2015 Virginia Mechanical Code, 2015 Virginia Plumbing Code, and 2015 Virginia Fire Code. Plans submitted for permits shall be sealed by a Virginia Licensed Design Professional. Existing I-1 & I-2 Institutional Use Group. Additional area cannot create noncompliance as it relates to new construction in the Virginia Uniform Statewide Building Code. Existing buildin gs Page 3 CUP #01-20, J K Lee Services May 15, 2020 height and area shall comply with T506 with allowable increases for proposed use. Institutional Use Group require a full NFPA 13 Suppression system. Sleeping rooms and restrooms shall meet ANSI A117.1-2009 for type of sleeping room. An accessible route shall be provided to the main entrance. Van accessible parking and unloading provided. Max slope for parking and unloading area is 2%. Maximum slope for walkway to main entrance is 5%. Maximum threshold at door is ½. Van accessible signage shall be provided per USBC Section 1106.8. All required exists shall be accessible. Exterior exit doors shall lead directly to the exit discharge or the public way. Winchester Regional Airport: None City of Winchester: No comments. Planning and Zoning: This application is for an expansion of an existing adult care facility. An adult care facility is an allowed use in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). This facility was first approved under CUP #02-96 for a 26-bed facility. This facility was constructed in 1996, utilizing a Community Development Block Grant. Subsequently, this facility is operating under and subject to the conditions of CUP #22-04. This CUP allowed for a 5600 square foot addition to the facility. This addition included a new physical therapy room and eight (8) additional resident rooms to the facility, for a total of thirty- four (34) beds. The conditions associated with CUP #22-04 are below: 1. All review agency comments and requirements shall be complied with at all times. 2. A site plan must be submitted and approved prior to issuance of any building permits. 3. Applicant must comply with all requirements of the state and county codes pertaining to adult care facilities at all times. 4. Any expansion or modification of this use shall require approval of a new site plan and a Conditional Use Permit. All of the conditions of the CUP #22-04 have been met. This CUP 01-20 will add six (6) additional resident rooms, enabling the facility to expand to a total of forty (40) beds. Page 4 CUP #01-20, J K Lee Services May 15, 2020 STAFF CONCLUSIONS FOR THE 05/06/20 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for the expansion of the existing assisted living facility use. CUP #22-04 was approved in 2004 which allowed for 34 beds. This CUP, 01- 20, requests the addition of six (6) additional resident rooms. The expansion would bring the total number of beds in the facility to 40. Should the Planning Commission find this application to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Applicant must comply with all requirements of the State and County codes pertaining to adult care facilities at all times. 3. Any expansion or modification of this use shall require approval of a new site plan and a Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 05/06/20 MEETING: Staff provided an overview of the site history of the facility and the revisions to the conditional use permit being proposed to the Planning Commission. Following staff’s overview, the Commission commended the facility and use as being a valuable asset to the community. There were no public comments and following the public hearing, the Planning Commission recommended approval of the conditional use permit.