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12SN0109CASE MANAGER: Jane Peterson l~T~~~Aml,Ar 1 S 7(11 1 (~'l~(~' TIAnAmI-.Ar 17 7(11 1 (~'l~(~' January 25, 2012 BS STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12SN0109 IYS XVII LLC Clover Hill Magisterial District 410 Adkins Road RE VEST: Conditional use approval to permit a group care facility in an Agricultural (A) District. PROPOSED LAND USE: Residential service uses are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. AYES: Messrs. Brown, Gulley, Hassen and Waller. NAY: Mr. Bass. STAFF RECOMMENDATION Recommend denial for the following reasons: A. The proposed land use does not conform to the Northern Courthouse Road Community Plan, which suggests the property is appropriate for residential use of 2.5 dwellings/acre or less. B. The proposed land uses is not representative of, nor compatible with existing and anticipated area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. CONDITIONS NOTED WITH "CPC" ARE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) Providing a FIRST CHOICE community through excellence in public service PROFFERED CONDITIONS (CPC) 1. This conditional use approval shall be granted to and for IYS XVII LLC, trading as Intercept Youth Services, exclusively, for operation of a group care facility and shall not be transferable nor run with the land. Such residential facility shall be limited to children or youth in need of services due to their pregnancy. (P) (CPC) 2. A maximum of eight (8) residents and their infants shall receive group care services on the subj ect property at any given time. (P) (CPC) 3. No additions or exterior alterations shall be permitted to the building 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 facility. (P) (CPC) 4. One (1) sign, a maximum of one (1) square foot in area, shall be permitted on the property to identify this use. Such sign shall not be illuminated. (P) GENERAL INFORMATION T ,n~ati nn The request property is located on the western line of Adkins Road, across from Kendrick Road and is better known as 410 Adkins Road. Tax ID 749-701-3750. Existing Zoning: A Size: .6 acre Existing Land Use: Residential (Residential Care Home) Adjacent Zoning and Land Use: North, South and West - A; Single-family residential East - R-7 and R-12; Single-family residential or vacant 2 12SN0109 JAN25-BOS-RPT T ITTT ,TTTF,~ Public Water and Wastewater S,, std: The request site is currently connected to the public water and wastewater systems. This request will not impact the public utility systems. ENVIRONMENTAL AND PUBLIC FACILITIES This request will have minimal impact upon these facilities. Virginia Department of Transportation (VDOT): VDOT understands that the existing entrances to and from a state maintained public right- of way will remain unaltered. VDOT has no further comment. T,ANT~ TIFF, Comprehensive Plan: The subject property is located within the boundaries of the Northern Courthouse Road Community Plan, which suggests the property is appropriate for residential use of 2.5 dwellings/acre or less. Draft Comprehensive Plan: The Revised Draft Comprehensive Plan (as recommended by the Chesterfield County Planning Commission on November 15, 2011) designates the subject property "Medium Residential Community." This proposed land use designation encourages horizontally integrated single-family residential, public and open space uses. It should be noted that the revised draft plan is pending review by the Board of Supervisors, has not been approved, and does not provide land use guidance for the subject property at this time. The recommendations of the revised draft plan are provided for informational purposes only. Area Development Trends: The area is characterized by existing or tentatively-approved single-family developments located on the east line of Adkins Road (including The Colony and Adkins Village) and single-family dwellings on acreage parcels located on the west line of Adkins continuing north to Reams Road. It is anticipated that redevelopment of larger parcels for residential uses will continue in this area at densities suggested by the Plan. Zonin Hg istory: An adult home known as Hodges Manor originally operated on the subj ect property. This facility, which started in a converted 2,000 square foot single-family residence, was 3 12SN0109 JAN25-BOS-RPT expanded in 1990 by an additional 4,300 square feet to accommodate athirty-two (32) bed facility for adults. This adult home continued operation as anon-conforming use until approximately 2007 when the applicant purchased the property for the operation of an eight (8) bedroom residential facility for boys. Limited to eight (8) residents, this facility now operates as a permitted residential care facility (formerly known as a group home). Use The Zoning Ordinance defines a "group care facility" as "an adult and/or child caring institution or facility, other than a residential care facility, 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 a Neighborhood Office (0-1) District. The applicant proposes to operate a program that serves young women in need of services due to their pregnancy. According to the applicant, the "Baby Steps" program is designed to prepare these young women to care for themselves and their infants in a stable environment for approximately six (6) to twelve (12) months under continual supervision. Proffered conditions would limit the number of residents receiving services to eight (8) youth and their infants. Proffers would also restrict the conditional use approval to the applicant. (Proffered Conditions 1 and 2) Site Design: Proffered Condition 3 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 residents. One (1) sign, a minimum of one (1) square foot in area, would be permitted to identify this use, consistent with permissible signage for home occupations. (Proffered Condition 4) CONCLUSION The proposed group care facility does not conform to the Plan which suggests the property is appropriate for residential use of 2.5 dwelling units per acre or less. Until recently, the subject property was occupied by a facility that operated as anon-conforming adult home. Over the last few years, this non-conforming use has ceased in favor of a conforming residential care facility limited to eight (8) or fewer residents. Conversion to a group care facility use to accommodate an increased occupancy is not representative of, nor compatible with existing and anticipated area single-family development. Given these considerations, denial of this request is recommended. 4 12SN0109 JAN25-BOS-RPT CASE HISTORY Planning Commission Meeting (9/20/1 l ): On their own motion and with the applicant's consent, the Commission deferred this case to their November 15, 2011 public hearing. Staff (9/21 / 11) The applicant was advised in writing that any significant, new or revised information should be submitted no later than September 26, 2011, for consideration at the Commission's November 15, 2011 public hearing. Applicant; Staff; and Clover Hill District Commissioner (9/27/11): A community meeting was held to discuss this request. It was generally agreed that the applicant would address limitations relative to number of residents; type of service provision; operator; and facility expansion. Applicant (10/24/11) Proffered conditions were submitted. Planning Commission Meeting (11 / 15/ 11) On their own motion, the Commission deferred this case to their December 12, 2011 public hearing. Staff (11/16/l l): The applicant was advised in writing that any significant, new or revised information should be submitted no later than November 21, 2011 for consideration at the Commission's December 12, 2011 public hearing. Staff (11/21/11): To date, no new information has been received. 5 12SN0109 JAN25-BOS-RPT Planning Commission Meeting (12/ 12/ 11) The applicant did not accept staff s recommendation, but did accept the Planning Commission's recommendation. There was no opposition present. Mr. Gulley noted that although the former adult home use had a history of neighborhood complaints, the property was now under new ownership; that the present operation had no complaints; that neighbors supported this request; and that the proposed service was a good fit for this facility at this location. Mr. Bass stated he would not support the operation in an Agricultural (A) District due to existing and future area residential development; inconsistency with the Plan; and potential adverse impacts on area neighborhoods. On motion of Mr. Gulley, seconded by Mr. Waller, the Commission recommended approval and acceptance of the proffered conditions on page 2. AYES: Messrs. Brown, Gulley, Hassen and Waller. NAY: Mr. Bass. The Board of Supervisors on Wednesday, January 25, 2012 beginning at 6:30 p.m. will take under consideration this request. 6 12SN0109 JAN25-BOS-RPT