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Jones Rest Home 2 10/09/97 The Jones Rest Home has been at this location for many years. It is operated both as a rest home and a convalescent home. The primary difference between the two types of care is those in a rest home environment are ambulatory. In most cases, they can go to the dining room for meals and take part in activities provided. Most residents in convalescent care are non -ambulatory and need assistance with all functions of daily living. In many cases, they are bed -ridden. The large vacant parcel adjacent to the Jones Rest Home is presently zoned RM-1800 Residential Multi -Family District, which would permit a maximum of 23 apartment units. The owner of the adjacent Jones Rest Home recently purchased the property and has received conditional use approval (CU-97-6) to construct a 48 bed, long-term elderly care facility. This type of facility is classified as, "Residential Care, General in the Zoning Code and defined as twenty-four hour non- medical care for seven or more persons in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living." The applicant would like the option of also providing convalescent care in the new facility if they cannot keep its facility fully occupied with long-term elderly residents. Convalescent care is defined in the Zoning Code as, "General care on a 24-hour basis for persons requiring regular medical attention, but excluding general hospitals." However, convalescent care is not a permitted use in the RM-1800 Residential Multi -Family District. It is only permitted in the P District subject to conditional use approval. Rezoning the property to the P District would allow the approval for a use permit for convalescent care in the future. DISCUSSION When the new Zoning Code was adopted in 1993, the Jones Rest Home and the adjacent vacant property were placed in the multi -family residential district. Under the previous Zoning Code and Zoning Map, the property was zoned for multi -family use and convalescent care was a conditional use in the multi -family residential districts. When the new Zoning Code was drafted, convalescent care was not a permitted or conditionally permitted use in multi -family residential districts, therefore, the convalescent care portion of the existing Jones Rest Home became legal non- conforming. When the Board of Zoning Adjustments approved the conditional use permit for the new facility on the vacant parcel, they attached a condition that if the property is rezoned to the P Professional District, they may offer both elderly care and convalescent care. It was the consensus of the Board that both of these services could be offered in the new building with little or no impact on the surrounding area. If the owner of the vacant parcel does not proceed with the proposed development, under the P zoning, a professional office building and related uses would be a permitted use. There are a number of primarily medical office buildings in this immediate area and they are compatible with the surrounding residential uses. Because of the long narrow shape of this property and the setback requirement from the creek, this property is unlikely to develop with an office building. 102