PRIVATE ALBEMARLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT

STAFF REPORT

 

 

Proposal:  SP 2008 -018 Rosewood Village Rehab Services (Greenbrier)

Staff:  Claudette Grant

Planning Commission Public Hearing: 

August 19, 2008 

Board of Supervisors Hearing:  To be determined.

Owners: Rosewood Village Assisted Living, LLC

Applicant: Rosewood Village Rehab Services, LLC

Acreage:  Approximately 2.0660 acres

Special Use Permit for: Assisted living facilities by special use permit in C-1, Commercial district.

TMP: TM: 61-W P: 02-1

Location: 500 Greenbrier Drive. Northeast corner of Westfield Road and Greenbrier Drive. (Attachments A & B)

By-right use: C-1, commercial and service establishments permitted by right in the C-1 district; and uses permitted by special use permit in the C-1 district.           

Magisterial District: Rio

Conditions: Yes   EC: No             

Proposal: To allow non-residents of Rosewood Village to use the physical therapy services of Rosewood Village rehab facility.

Requested # of Dwelling Units: 0

DA (Development Area): Neighborhood 2                     

Comp. Plan Designation: Community Service - community-scale retail wholesale, business and medical offices, mixed use core communities and/or employment services, and residential (6.01-34 units/acre).

Character of Property: The subject property lies east of Route 29, along the northeast corner of Westfield Road and Greenbrier Drive. The building is existing in an established office neighborhood.

Use of Surrounding Properties: A mixture of uses consisting of residential units, The Laurels-Nursing and Rehab Center, The Senior Center, and a variety of commercial/office uses and a financial institution.    

Factors Favorable:

1.                  The proposal for the expansion of an existing rehab use adds a variety of rehab services available within the Greenbrier Drive neighborhood.

2.                  The residents of the surrounding community may benefit from the opportunity of rehab services becoming available to them.

 

Factors Unfavorable:

1.                  There are no factors unfavorable.

 

RECOMMENDATION: Staff recommends approval of SP 2008-018, Rosewood Village Rehab Services (Greenbrier) with conditions.

 

 

 STAFF PERSON:                                                                              Claudette Grant

PLANNING COMMISSION:                                                              August 19, 2008

BOARD OF SUPERVISORS:                                                          

 

SP2008-018: ROSEWOOD VILLAGE REHAB SERVICES (GREENBRIER)

 

Petition:

PROJECT: SP 2008-00018 Rosewood Village Rehab Services - Greenbrier

PROPOSED: Allow non-residents of Rosewood Village to use the Rosewood Village rehab facility. 

ZONING CATEGORY/GENERAL USAGE: C-1 Commercial - retail sales and service uses; and residential use by special use permit (15 units/acre)

SECTIONS: 22.2.2(6) and 18.2.2.9 

COMPREHENSIVE PLAN LAND USE/DENSITY:  Community Service - community-scale retail wholesale, business and medical offices, mixed use core communities and/or employment services, and residential (6.01-34 units/acre).

ENTRANCE CORRIDOR: No

LOCATION:  500 Greenbrier Drive. Northeast corner of Westfield Road and Greenbrier Drive.

TAX MAP/PARCEL: 61-W/02-1

MAGISTERIAL DISTRICT: Rio

 

Character of the Area and Adjoining properties:

The subject property lies east of Route 29, along the northeast corner of Westfield Road and Greenbrier Drive. See Attachment A for the Location Map and Attachment B for the Tax Map. The area consists of residential units, The Laurels-Nursing and Rehab Center, The Senior Center, and a variety of commercial/office uses and a financial institution.    

 

Specifics of Proposal                                                                                                                                         

The Rosewood Village Rehab Services (Greenbrier) is an existing building. The applicant is requesting a special use permit to allow non-residents of Rosewood Village to use the Rosewood Village rehab facility for physical therapy. Although the property is zoned C-1, commercial, which allows physical therapy, the existing special use permit for assisted living, does not allow this use.  In order for physical therapy for non-residents to be available, conditions on the existing special use permit must be changed.  

 

Applicant’s Justification for the Request:

The applicant wants to expand their services and offer their rehab services to patients not residing in Rosewood Village.  The Comprehensive Plan designates this area as Community Service and the guidelines associated with the Community Service designation allow this form of development.

 

Planning and Zoning History

The current C-1 zoning is the original 1980 designation on the property. C-1 allows various retail sales and service and public establishments by right and assisted living facilities by special use.  

 

On October 21, 1998, the Board of Supervisors approved with conditions, SP 98-43 to allow construction of an assisted living facility. The request was to develop a 60-bed facility that would provide residential, assisted and intensive living care 24 hours per day.

 

On July 3, 2002, the Board of Supervisors approved with conditions, SP 02-018, which was an amendment to increase the maximum residential beds in the facility to ninety (90) instead of the previously approved sixty (60) beds. Attachment C contains the staff report for the SP, the minutes of the Commission meeting and the approved conditions.

 

Comprehensive Plan:

The Land Use Plan designates this area as Community Service in Neighborhood Two (2). The Comprehensive Plan allows for community-scale medical offices as well as urban density residential uses as long as the proposed use is compatible with adjacent land uses for a parcel designated as Community Service. Rosewood Village is in the vicinity of The Senior Center, The Laurels nursing and rehab center, Branchlands Retirement Community, Our Lady of Peace Nursing Home and Assisted Living, and the Jefferson Area Board on Aging. The expansion of the rehab services to non-residents of Rosewood Village is a compatible use for this neighborhood and remains in keeping with the Community Service designation.

 

A full Neighborhood Model Analysis is not applicable for this project since it is an existing development and does not propose re-development, but proposes an expansion of an existing use. 

 

Staff Comment:

Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as follows:

 

31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property,

The facility will continue to house elderly residents and offer patients not residing in Rosewood Village rehab services at this facility. The size of the physical therapy office will accommodate 1-2 therapists treating one patient every 45 minutes to one hour; therefore, requiring a maximum of 2-4 parking spaces if the clinic is at full capacity. Hours of operation will be Monday through Friday, 9:00am to 5:00pm.

 

The parking available at the facility will meet the County’s requirement of 1 space per 3 beds. With one patient every 45 minutes to one hour using the rehab services over an eight hour time span daily during the work week, staff does not see this as a high impact to the facility or adjacent property. Some of the patients of the physical therapists will be residents. The facility has adequate parking, therefore, staff can identify no detriment that this facility or expanded use would have on adjacent property.

 

that the character of the district will not be changed thereby and

The existing site is established in the community. The proposed expansion of use will provide the applicant an opportunity to provide rehab services to non-resident patients. The character of the district will not change. The proposal is in keeping with the form of development anticipated with the Comprehensive Plan. 

 

that such use will be in harmony with the purpose and intent of this ordinance,

The purpose of the C-1 district is to permit selected retail sales, service and public use establishments which are primarily oriented to central business concentrations. It is intended that C-1 districts be established only within the urban area, communities and villages in the comprehensive plan. The proposed physical therapy use is a service that is currently provided to residents of Rosewood Village. The applicants are proposing to make the service available to non-residents also. The physical therapy use is allowed in the C-1 district and Rosewood Village is located in the urban area. Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance, and identified no conflict that would arise as a result of its approval.

 

with uses permitted by right in the district,  

Section 22.2.1 of the Zoning Ordinance, entitled Commercial, C-1, allows a variety of retail sales and service and public establishments by-right as well as those that are permitted by special use permit. Assisted living facilities are permitted by special use permit in C-1 districts. The number of staff and potential number of patients using the rehab facility in any given work day is minimal. There is also adequate parking on the site. Therefore, staff does not feel there will be any detrimental traffic impacts as a result of the expanded use. The proposed expansion of rehab use is compatible with the other permitted uses in this district.

 

with the additional regulations provided in section 5.0 of this ordinance,

Section 5.1.13 has restrictions for REST HOME, NURSING HOME, CONVALESCENT HOME, ORPHANAGES.

The existing use meets these regulations. Removal of the restriction for the site to only be used for assisted living will not affect the assisted living use.

 

and with the public health, safety and general welfare.

The public health, safety, and general welfare of the community are protected through the special use permit process which assures that uses approved by special use permit are appropriate in the location requested. There are no expected impacts on public health safety or welfare, except to improve the opportunity for physical therapy services in an area which can support this use. Attachment  F indicates that water and sewer service will continue to be available to the site. 

 

Summary:

This request is to expand the rehab services use to non-residents of Rosewood Village. The rehab service use has been part of the assisted living facility that was previously approved with SP 98-43 and subsequently SP 2002-18. The availability of additional rehab services in the Greenbrier Drive neighborhood could be an asset for residents in the surrounding community. As previously stated in this report, staff feels the impact of this expanded use will be minimal.

 

Staff has identified the following factors favorable to this application:

1.      The proposal for the expansion of an existing rehab use adds a variety of rehab services available within the Greenbrier Drive neighborhood.

2.       The residents of the surrounding community may benefit from the opportunity of rehab services becoming available to them.

 

Staff has not identified any factors unfavorable to this application.

 

Recommended Action:

Staff recommends approval of SP 2008-018, Rosewood Village Rehab Services (Greenbrier) with the following conditions of approval:

 

1.                  This special use permit authorizes an assisted living facility.

2.                  Maximum usage is limited to ninety residents (90) residents in the facility.

 

 

ATTACHMENTS

 

Attachment A – Tax Map

Attachment B – Vicinity Map

Attachment C – Planning Commission minutes from May 28, 2002

Attachment D – SP2002-018 Board of Supervisors Executive Summary and minutes, dated July 3, 2002   

Attachment E – Board of Supervisors Action Letter, dated July 11, 2002

Attachment F – Memo from Gary Whelan, dated June 13, 2008

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