15SN0655
CASE NUMBER: 15SN0655
APPLICANT: Dana M. Phinney
CHESTERFIELD COUNTY, VIRGINIA
STAFF’SANALYSISMagisterial District:MATOACA
AND 9201 Winterpock Road
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
AUGUST 26, 2015
BOSTime Remaining:
365 DAYS
Applicant’s Contact:
DANA M. PHINNEY
(804-397-3262)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’S REQUEST
Conditional use to permit a group care facility incidental to a dwelling in an Agricultural (A)
District.
A group care facility is planned whereby amaximum of three (3) elderly residents wouldreceive
full-time care from theapplicant in her home.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Proffered conditions are located in Attachment 1.
RECOMMENDATION
RECOMMEND APPROVAL
PLANNING
Use is compatible with existing development
COMMISSION
(7/23/2015)
Conditions will minimize impacts on adjacent properties
RECOMMEND DENIAL
Does not complywith Plan
Use is not compatible with existing and anticipated
STAFF
development
May set a precedent for future similar requests
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
DepartmentIssue
Plandesignatesresidential uses on the request property
Area properties are developed for single-family residential uses
PLANNING
Group care facility first permitted in Neighborhood Office (O-1)
zoning district
Alternative to a group care facility is available
FIRE-
CDOT-
VDOT-
UTILITIES-
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan
Classification: SUBURBAN RESIDENTIAL I
The designation suggests the property is appropriate for up to a maximum of 2.0 dwellings per acre.
Map 3: Surrounding Land Uses & Development
Birkdale Subdivision
Single-Family
Residentialor Vacant
BethiaRoad
Winterpock Road
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
ZONING HISTORY
Case NumberBOS Action Request
ApprovedUse Permit to allow a beauty shop inside a home, for the
70-3 U
(01/1970)applicant only(Mary F. Worrell)
PROPOSAL
Agroup care facility, with a maximum of three (3) elderly adults who receive full-time care, is
proposedwithin the applicant’s home.
GROUP CARE FACILITY
“Group care facilities” are first permitted by-right in a Neighborhood Office (O-1) Districtand
require a conditional use in an Agricultural (A) District.
The Zoning Ordinance provides for an alternative designation for the care of elderly adults known
as a “residential care home”.A “group care facility” and a “residential care home” are defined by
the Ordinance with the following requirements:
Group Care Facility (Conditional Use) Residential Care Home (By-right)
Type of Adult and/or child caring institution or Adult and/or child caring home,
Individuals facility, provide residential services to:provide residential services to:
Receiving Care
individualsrequiring individuals who are
rehabilitation or personal services mentally ill, mentally
because they are physically retarded, or
handicapped, mentallyill, developmentally disabled
mentally retarded,
individuals who are aged,
developmentally disabled, aged,
infirmed or disabled
infirm, chronically ill, incurably
Definition in Attachment 2
afflicted,children in need of
services or children separated
from their parents or guardian
Definition in Attachment 2
License from Licensefrom State not required by Licensed by Virginia State
1
State? County definitionDepartment of Behavioral Health
and Developmental Servicesor
Department of Social Services
(DSS) required by County
definition
Limit on the No limit Limit of 8 individuals receiving
Number of care in a home
Individuals
Receiving Care
1
A license to care for four (4) or more individuals in any facility is required by DSS.
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The major distinction between a “group care facility” and a “residential care home” is the licensure
of the facility and the number of individuals under the care of the caregiver. A license to care for
four (4) or more individuals in a home setting is required by DSS. The applicant’s request could be
classified as a residential care home if the applicant obtained a voluntary license from DSS. The
applicant has indicated that she does not want to pursue a voluntary license from DSS.
The following provides an overview of the proffered conditions offered by the applicant to assist in
mitigatingthe impact of the use on area properties:
GeneralOverview
Requirements Details
Use limited to applicant only
Non-TransferableOwnership
Proffered Condition 1
Maximum of three (3), who are a minimum of 62 years
Number of Adults Receiving Care old
Proffered Condition 2
No exterior additions or alterations to existing structure
Limitation on Size
Proffered Condition 3
One (1) sign, limited to :
4 square feet in area
Signage
3 feet in height
Proffered Condition 4
Three (3) years
Time Limitation
Proffered Condition 5
One (1) employee permitted, other than family member
Employeesemployees who reside on the premises
Proffered Condition 6
While the proffered conditions would minimize the intensity of the use and maintain the
residential character of the property,the operation of group care facility is inconsistent with the
existing and anticipated residential land uses around the request property. Finally, an alternative
exists for the applicant to obtain a voluntary license from DSS to become classified as a residential
care home by the Ordinance, which is a permitted use by-right.
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Greg Smith (804-706-2012)smithgd@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS)Facilities
Fire StationThe Clover Hill Fire Station, Company Number 7
EMS Facility The Manchester Volunteer Rescue Squad
This request will have minimal impact on fire and EMS.
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804) 748-1037 banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifiescounty-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and it is anticipated to be
minimal.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
-
Traffic Impact Analysis (24VAC30-155)
-
Access Management (24VAC30-73)
-
Subdivision Street Acceptance (24VAC30-91/92)
-
Land Use Permit (24VAC30-151)
VDOT has examined this request and has
no objections to what is proposed at this
Summary
time.
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439)blandj@chesterfield.gov
The proposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Sizeof Existing LineConnection Required by County Code?
Serviced?
WaterNo12”No
WastewaterNoN.A.No
The proposed request will not impact the public water and wastewater systems.
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Doug Pritchard (804-748-1028)pritchardd@chesterfield.gov
Environmental Engineering has no comment on this request.
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CASE HISTORY
Applicant Submittals
5/8/15Application submitted
6/18/15Proffered conditions weresubmitted
Community Meeting
7/1/15Issues Discussed:
The District Commissioner, applicant and staff attended this meeting at
the Clover Hill Library
Two citizen representatives for an adjoining property owner attended
the meeting
General questions were asked relative to improvements and operation
of the facility
No opposition was expressed by the representatives
Planning Commission Meeting
7/23/15 Citizen Comments
One citizen spoke in support ofthis case, noting that a need exists for this
type of elderly care in the community.
Commission Discussion
The Commission noted their support for this case:
Community meeting was conducted and a petition of support submitted
by applicant
Use is compatible with existing development, noting area businesses
and churches around the property
No opposition to request
Conditions will minimize impacts on adjacent properties
Recommendation – APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion:Wallin Second: Patton
AYES: Gulley, Waller, Brown, Patton and Wallin
The Board of Supervisors on Wednesday, August 26, 2015, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
Note:
“CPC” –Recommended by the Planning Commission only
(CPC)1.Non-Transferable Ownership: This conditional use approval shall be granted to
and for Dana Phinney, exclusively, and shall not be transferable nor run with the
land. (P)
(CPC)2.Group Care Facility Residents: This conditional use approval shallbe limited to
providing group care services to a maximum of three (3) adults who reside on
the premises. Any resident receiving group care services on the subject property
shall be a minimum of sixty-two (62) years of age.(P)
(CPC)3.Expansion of Use: There shall be no exterior additions or alterations to the
existing structure 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)
(CPC)4.Signage: One (1) sign shall be permitted to identify the group care facility use.
The sign shall not exceed four (4) square feet in area and three (3) feet in height.
The sign shall not be illuminated.(P)
(CPC)5.Time Limitation: This conditional use approval shall be granted for a period not
to exceed three (3) years from the date of approval. (P)
(CPC)6.Employees: No more than one (1) employee shall be permitted to work on the
premises, other than family member employees that live on the premises. (P)
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ATTACHMENT 2
ZONING ORDINANCE DEFINITIONS (SECTION 19.1-570)
Residential Care HomeGroup Care Facility
Adult or child caring dwelling housing a Adult or child caring institution or facility, other
maximum of 8 individuals exclusive of one or than a residential care home, halfway house or
more resident counselors or other staff. Such hospital, designed to provide resident services
facility shall either be licensed by the Virginia to individuals requiring rehabilitation or
State Department of Behavioral Health and personal services because they are physically
Developmental Services to provide handicapped, mentally ill, mentally retarded,
residential services to individuals who are developmentally disabled, aged, infirm,
mentally ill, mentally retarded, or chronically ill, incurably afflicted, children in
developmentally disabled, or the Virginia need of services, or children separated from
State Department of Social Services to their parents or guardian.
provide residential services to individuals
who are aged, infirmed or disabled. For the
purposes of this section, mental illness and
developmentally disabled shall not include
persons who illegally use or are addicted to a
controlled substance, as defined in the Code
of Virginia.
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