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17SN0779 CASE NUMBER: 17SN0779 APPLICANT: Cleveland Taylor CHESTERFIELD COUNTY, VIRGINIA MIDLOTHIAN DISTRICT STAFF’S ANALYSIS AND RECOMMENDATION Board of Supervisors Hearing: JUNE 28, 2017 Board of Supervisors Time Remaining: 365 DAYS Applicant’s Contact: CLEVELAND TAYLOR (804-334-6611) Planning Department Case Manager: AMY SOMERVELL (804-748-1970) 0.6 Acre –114 Fairwood Drive REQUEST Conditional use to permit a group care facility in a Residential (R-15) District. Notes:A. Conditions may be imposed or the property owner may proffer conditions. B. Conditions are located in Attachment 1. SUMMARY Agroup care facility to permit the full time care fora maximum of four (4) adolescence young men is planned. RECOMMENDATIONS APPROVAL PLANNING COMMISSION AYES: Sloan, Freye, Jackson and Jones NAY: Wallin APPROVAL As conditioned, the use should be compatible with surrounding residential STAFF development Residential character of the area will be maintained Providing a FIRST CHOICE community through excellence in public service 217SN0779-2017JUN28-BOS-RPT Comprehensive Plan (Eastern Midlothian Plan) Classification: RESIDENTIAL The designation suggests the property is appropriate for residential use of 2.51 to 4.0 dwelling units per acre. Surrounding Land Uses and Development Bon Air Hills Vacant Clairidge Court Single-family uses Fairwood Single-family uses Drive 317SN0779-2017JUN28-BOS-RPT PLANNING Staff Contact: Amy Somervell (804-748-1970) somervella@chesterfield.gov History Building Permit Request Certificate of occupancy issued by the Department of Building Inspections for a 20060103-128 new group home (Harmony Home) on January 19, 2006 Proposal A group care facility known as H.O.P.E House, Inc. with a maximum of four (4) adolescent young men who receive full-time care is proposed. It is anticipated that three (3) full-time employees who provide twenty-four (24) hour care and supervision, and part-time employees who provide mainly off-site supervision are needed. Group Care Facility The Zoning Ordinance defines a “group care facility” as: Adult or child caring institution or facility, other than a residential care 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 guardian. Group care facilities are first permitted by-right in a Neighborhood Office (O-1) District and require a conditional use in Residential Districts. Examination of Use H.O.P.E House, Inc. is a Level A residential facility licensed by Virginia Department of Social Services. According to the applicant, this program accepts and cares for adolescentmales between the ages of 13-17 years old whohave been placed in custody of Virginia Department of Social Services due to neglect and/orabuse. The applicant anticipates providing care for a maximum of four (4) adolescent young men while preparing the individuals for transition into an appropriate home. Twenty-four (24) hour care will be provided by the full time employees while part time employees will assistmainly with off-site activities. The applicant has indicated that the adolescents accepted into this program attend public schools, community functions and provide volunteer services for community organizations. The intensity of thisuseis anticipated to be in character with the residential neighborhood. H.O.P.E. House, Inc. has existed at this location since March 2016. No known complaints or issues have been received relative to the use. 417SN0779-2017JUN28-BOS-RPT The following provides an overview of the conditions offered by the applicant to mitigate the impact of the use on area properties: General Overview Requirements Details Use limited to applicant only Non-Transferable Condition 1 Maximum of four (4) Number of Adolescents Condition 2 No exterior additions or alterations to existing structure Limitation on Size Condition 3 None permitted Signage Condition 4 Two (2) years Time Limitation Condition 5 3 full-timeemployees permitted, while part-time employees provide off-site supervision. Up to ten (10) Employeesemployeesmaximum of twice a month for staff meetings may be permitted on the premises. Condition 6 REVITALIZATION Staff Contact: Carl Schlaudt(804-318-8674) schlaudtc@chesterfield.gov COUNTY TRANPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov UTILITIES Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov ENVIRONMENTALENGINEERING Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov FIRE AND EMERGENCY MEDICAL SERVICES Staff Contact: Anthony Batten (717-6167) battena@chesterfield.gov The proposed request will not impact these facilities. 517SN0779-2017JUN28-BOS-RPT CASE HISTORY Applicant Submittals 2/3/17Application submitted 4/6/17Revised applicationsubmitted Community Meetings 3/30/17Issues Discussed: Activity on the premises Background of the children Safety Property values related to proposed use 6/5/17Issue Discussed: Applicant’s Overview of Proposal Licensure Steps for acceptance into home Programs for the youth and period of residency Facility staff numbers and backgrounds Supervision, placement and removal of youth Community Comments/Concerns Introduction of business into neighborhood and potential precedent for other business uses Lack of background information onyouth; community safety Operation prior to zoning; no community notification Benefit of service to community v. neighborhood Lack of integration of youth into neighborhood Issues with operation noted on Department of Social Services’ website Previoususe of residence as a group home prior to applicant’s operation Conditions proposed with the use permit 617SN0779-2017JUN28-BOS-RPT Planning Commission 5/16/2017Citizen Comments: Citizens in opposition noted the following: Impact on community safety; lack of information on backgrounds of youth Support philosophy of operation but not in neighborhood Impact on property valuesand attracting more young families to neighborhood Challenge tenure of operation since 2016 Numerous Police calls/presence resulting from use Citizenin support noted the following: No safety concerns; support operation and what it offers Commission Discussion: In response to questions of the Commission, the applicant noted: Licensed by State as Level A Group Homeaslowest level of care Youth interviewed before accepted; pose no threat to community Temporary residence until returned to parents, or placed in foster care or permanent housing Youth cannot leave home without a staff member Structured day of school, followed byYMCA; weekend activities; back to residence by 8 p.m. Majority of Police calls based upon one chronic runawayattempting to return home; process for social services to remove ayouth from home takesthirty days. Mr. Jones noted state regulations require the facility contact the Police if a youth leaves unattended for more than 15 minutes. Dr. Wallin noted concerns with impact to neighborhood (Police calls) and the delay in removal of a youth resulting in limited control of that individual for up to one month In response to questions of Mr. Sloan and Mrs. Freye, the applicant noted this is theonly facility he operates, all placements of youth are through Chesterfield Social Services, and for the majority of each day, there is one staff member for the three youth. Mr. Jones noted a community meeting was held; the immediate neighbors noted support; and, as conditioned, he was comfortable with the proposal. Recommendation –APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Jones Second: Jackson AYES: Sloan, Freye, Jackson andJones NAY: Wallin The Board of Supervisors on Wednesday, June 28, 2017, beginning at 6:00 p.m., will consider this request. 717SN0779-2017JUN28-BOS-RPT ATTACHMENT 1 CONDITIONS Note: The following conditions are recommended by both the Planning Commission and Staff. 1.Non-Transferable Ownership: This conditional use approval shall be granted to and for Cleveland Taylor, exclusively, and shall not be transferable nor run with the land. (P) 2.Group Care Facility Residents: This conditional use approval shall be limited to providing group care services to a maximum of four (4) adolescent youth who reside on the premises. (P) 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) 4.Signage: There shall be no signs permitted to identify this use. (P) 5.Time Limitation: This conditional use approval shall be granted for a period not to exceed two (2)years from the date of approval. (P) 6.Employees: No more than three (3)full time employees shall be permitted to work on the premisesduring a 24-hourperiod,excluding part-time employees providing transportation services for residents. A maximum of ten (10) employees shall be permitted on the premises at one time for bi-monthly staff meetings. (P) 817SN0779-2017JUN28-BOS-RPT