Zoning Board of Appeals Meeting - June 26, 2012: Conditional Use Approved for Skilled Nursing Facility
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Zoning Board of Appeals Meeting - June 26, 2012
The City of Frederick Zoning Board of Appeals met on June 26, 2012, at 7:00 PM at City Hall, 101 North Court Street. The board approved the minutes from the May 22, 2012 meeting and conducted a public hearing on a single conditional use application for a skilled nursing facility on Ballenger Center Drive.
Consent Calendar
- Approval of Minutes: The board unanimously approved the minutes from the May 22, 2012 meeting as written.
Discussion Items
ZBA12-339CU – Conditional Use for Skilled Nursing Facility (Lot 8 Ballenger Center Drive)
- Staff Report: Staff recommended conditional approval, finding that the proposal meets the purpose and intent of the Land Management Code (LMC) and the Comprehensive Plan. The applicant proposes a 130-bed skilled nursing center on a 5.5-acre parcel within the Manufacturing/Office (MO) zoning district. The facility would be staffed by approximately 150 employees across three shifts. Staff noted that while the applicant had not yet obtained all required state licenses, a condition could be added to require them before a building permit is issued.
- Applicant Testimony: Bruce Dean, attorney for the applicant, and Natalie Holland, Vice President of Development for Genesis Healthcare, presented the proposal. They explained that the existing College View facility (operated by Genesis since 1993) is over 50 years old and inadequate, and the new facility would replace it. The site is part of the Ballenger Creek Center Planned Neighborhood Development and is compatible with surrounding office, residential, and commercial uses. They emphasized that the facility would generate less traffic than permitted office uses, with peak trips occurring on weekends.
- Board Questions: Board members inquired about noise attenuation from Interstate 70, architectural compatibility with neighboring buildings, and the building materials. The applicant stated that noise would be mitigated by a landscaped berm and noise-attenuating windows, and that architectural renderings would be reviewed by the Planning Commission during site plan approval. Staff clarified that the Planning Commission would also review traffic and other site plan criteria.
Key Outcomes
- Motion to Approve: A board member moved to approve the conditional use based on findings that the proposal complies with LMC Sections 308 and 841, that it will not create greater adverse impacts than permitted uses, and that the site is adequately protected from nuisances. The motion included a condition requiring the applicant to obtain all required state approvals and licenses prior to issuance of a building permit.
- Vote: The motion passed 4–0 (four votes in favor, none opposed). The application was approved.
Meeting Transcript
Good evening, everybody. Welcome to the June 26, 2012 meeting of the City of Frederick Zoning Board of Appeals. Just for everybody's uh information, uh I'll go over uh tonight's proceedings before we uh start the the cases for this evening. Um the Board of Zoning Appeals, we are all volunteers, we're all residents of the city. Uh we are appointed by the mayor, and those appointments are confirmed by the Board of Alderman. Um participating tonight and who may be speaking uh on my far uh uh right and uh your left. I'm sorry, heat's getting to me a little bit this evening. Um far right is Mr. Brandon Mark. He is a planner with uh the planning department here with the city. And next to Mr. Mark is uh Ms. Rachel DePo. She is the assistant city attorney with the uh City of Frederick. And uh next to Ms. Dateau is Ms. Gabrielle Dunn. Uh she is the uh division manager of current planning. All right. And to my left and your right is Ms. Lee Ortiz, and she is the office manager for the planning department, and she also supports the zoning board of appeals. Um about tonight's proceedings. Uh I will uh call your case. Uh we're not very crowded tonight, but uh if you want to make your way down to the the podium, uh the applicant, that would be great. Um after I call the case, I'll ask for the staff report. The staff will read their report into the record. At the end of the staff report, they will make a recommendation regarding uh the particular case. That recommendation is one criteria, but not the only criteria that we'll use in our decision making uh tonight. Following the staff report, we'll see if the applicant has any comments, anything that they would like to uh expand upon or uh debate regarding the staff's uh position. Um following the uh applicant's comments, we'll see if we have any public comment on the case. Uh after we take public comment, we will uh once again uh ask the applicant if they have any closing remarks that they would like to make. Following that, we will close the uh public commentary uh section of the particular case, and I will call for a motion from the board. Um just uh so everyone is aware our current uh rules of procedure require a supermajority, four votes out of five for a motion to pass, so simple majority does not pass a motion. Uh also when you approach the microphone tonight, if we could have your name and address for the record, uh that would be great. And if you happen to leave and come back, if we would have your name again. Uh the reason for that is that all of tonight's proceedings will be recorded, and anyone who feels aggrieved by a decision of the zoning board of appeal uh has a right to uh appeal our decision uh up to the circuit court of Maryland. Uh any questions about the proceedings? No. If we've got uh cell phones, if we could set them to vibrate or uh turn the ringers off, that would be great. Uh we have a couple of health keeping uh items on the agenda for tonight, and then after that we'll get to tonight's cases. Thank you. Item one on the agenda under board business tonight is uh review and approval of the May 22nd, 2012 minutes. Uh members, you have those minutes before you, and I will entertain a motion. I move to approve the minutes from our May 22nd, 2012 meeting as written. We have a motion to approve the minutes from Ms. Colby. Do we have a second? Taken by Mr. Pretchett. Uh any discussion of the motion.
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