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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
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Regina C. Foster
Clover Hill Magisterial District
1417 Chevelle Drive
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November 18, 2009 B S
RE VEST: Conditional Use to permit a group care facility in a Residential (R-7) District.
PROPOSED LAND USE:
A group care facility permitting a maximum of five (5) adult residents is proposed.
(Proffered Condition 1)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed land use does not conform to the Eastern Midlothian Plan which
suggests the property is appropriate for residential use of 2.51 to 4.0 dwelling
units per acre.
B. The proposed land use is not representative of, nor compatible with existing and
anticipated area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
1. There shall be a maximum of five (5) residents receiving group care services on the
subj ect property at any given time. (P)
2. Any resident receiving group care services on the subject property shall be a
minimum of sixty-two (62) years of age. (P)
3. This Conditional Use shall be granted to and for Regina C. Foster and any legal
entity of which she maintains a 100% ownership and shall not be transferable or run
with the land. (P)
4. No additions or exterior alterations shall be permitted to the dwelling or accessory
buildings to accommodate this use, except alterations to meet Americans with
Disabilities Act (ADA), building code requirements, or regulatory requirements
pertaining to the operation of a group care facility and the residents receiving group
care in the dwelling. (P)
5. There shall be no signs identifying this use. (P)
GENERAL INFORMATION
T .nr.ati nn
East line of Chevelle Drive, south of Lilly Drive, and better known as 1417 Chevelle Drive.
Tax ID 763-700-1142.
Existing Zoning:
R-7
Size:
0.3 acre
Existing Land Use:
Single family residential
Adjacent Zoning and Land Use:
North, South and West - R-7; Single family residential or vacant
East - A and R-7; Public/semi-public (church) or vacant
2 10SN0112-NOV18-BOS-RPT
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Public Water System:
There is an existing eight (8) inch water line extending along the west side of Chevelle
Drive, adjacent to the request site. The existing dwelling is connected to the public water
system.
Public Wastewater S,, sue:
The existing dwelling is currently served by a private septic system. At this time, the
public wastewater system is not available to serve the request site. Connection to the
system is not required. However, the extension of the sanitary sewer lines planned for the
Davis Pond and Pocoshock Green Subdivisions will bring sewer service close to the site
for future connection if needed.
Private Septic S,, sue:
The Health Department must approve any new septic system or expanded usage of any
existing septic system to serve this site.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire ~PrvicP~
The Manchester Fire Station, Company Number 2, and Forest View Volunteer Rescue
Squad currently provide fire and emergency medical service (EMS). This request will
have a minimal impact on Fire and EMS.
County Department of Transportation:
This request will have a minimal impact on the transportation network.
Virginia Department of Transportation:
The Virginia Department of Transportation has no comment on this case.
3 10SN0112-NOV18-BOS-RPT
T,ANT~ TIFF,
Comprehensive Plan:
Lies within the boundaries of the Eastern Midlothian Plan which suggests the property is
appropriate for residential use of 2.51 to 4.0 dwelling units per acre.
Area Development Trends:
The subject property is part of the Amber Heights Subdivision with surrounding lots to the
north, south and west occupied by single family residences or currently vacant. Property to
the east is zoned Agricultural (A) and occupied by a church or Residential (R-7) and
tentatively approved as Davis Pond Subdivision. It is anticipated that residential
development will continue in this area, consistent with the densities recommended by the
Plan.
Use
The Zoning Ordinance defines a "group care facility" as "an adult and/or child caring
institution or facility, other than a group home, halfway house or hospital, designed to
provide resident services to individuals requiring rehabilitation or personal services because
they are physically handicapped, mentally ill, mentally retarded, developmentally disabled,
aged, infirm, chronically ill, incurably afflicted, children in need of services or children
separated from their parents or guardians". "Group care facilities" are first permitted by-
right in aNeighborhood Office (0-1) District.
Proffered conditions would limit the number of residents receiving services to five (5)
adults, age sixty-two (62) years or older, exclusive of resident caregiver(s) (Proffered
Conditions 1 and 2). Proffers would also restrict the Conditional Use to the applicant and
any legal entity in which she controls ownership. (Proffered Condition 3)
Site Design:
Proffered Condition 4 would preclude additions and exterior alterations to any structures on
the property for this use, except as required by Codes or regulatory agencies to
accommodate the residents. Further, no signage would be permitted to identify the facility.
(Proffered Condition 5)
CONCLUSION
The proposed zoning and land uses do not conform to the Eastern Midlothian Plan which suggests
the property is appropriate for residential use of 2.51 to 4.0 dwelling units per acre. The
proposed group care facility is not representative of, nor compatible with, existing and
anticipated area development.
Given these considerations, denial of this request is recommended.
4 10SN0112-NOV18-BOS-RPT
CASE HISTORY
Planning Commission Meeting (10/20/09):
The applicant did not accept the recommendation. There was opposition present.
Concerns were expressed relative to business encroachment into a residential area;
increased traffic to include emergency medical services, staffing and deliveries; problems
with similarly-operated area facilities; impacts to property values; use of private septic
system; and the safety and welfare of neighborhood residents.
Messrs. Bass, Hassen and Waller expressed general concerns relative to a business
operation in a residential community. Dr. Brown noted a heavy emphasis should be
placed upon neighborhood input.
Mr. Gulley noted concern for the protection of the integrity of residential neighborhoods
and that the proposed use was inappropriate at this location and within a structure of this
S1Ze.
On motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended denial.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, November 18, 2009, beginning at 6:30 p.m., will take
under consideration this request.
5 10SN0112-NOV18-BOS-RPT
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