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17SN0829 CASE NUMBER: 17SN0829 APPLICANT: The Leo House, LLC CHESTERFIELD COUNTY, VIRGINIA DALE DISTRICT STAFF’S ANALYSIS AND RECOMMENDATION Board of Supervisors Hearing: SEPTEMBER 27, 2017 Board of Supervisors Time Remaining: 365 DAYS Applicant’s Contact: RICHARD KINGSWELL(804-300-0747) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) 2.7Acres–3600 Beulah Road REQUEST Conditional use to permit a group care facility in a Residential (R-7) District. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Conditions are located in Attachment 1. SUMMARY A group care facility that would providefull-time care for a maximum of ten (10) adolescence children (eighteen (18) years old or younger) is planned. The facility would operate as a temporary emergency shelter facility licensed by the Virginia Department of Social Services (DSS)for adolescents who have been placed in state custody due to neglect and/or abuse, and are inneed of accommodations for short term emergency housing. RECOMMENDATIONS APPROVAL PLANNING COMMISSION 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 217SN0829-2017SEP27-BOS-RPT Comprehensive Plan Classification: SUBURBAN RESIDENTIAL II The designation suggests the property is appropriate for residential use of 2.0 to 4.0 dwelling units per acre. Surrounding Land Uses and Development Single-family uses Beulah Road Bellbluff Drive Vacant Conifer Road 317SN0829-2017SEP27-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov History Building Permit Request Certificate of occupancy issued by the Department of Building Inspections for a 20070604-083new residential care home (Kids in Focus) on June 14, 2007. Occupant load limited to a maximum of eight (8) individuals. A residential care home known as “Kids in Focus” originally operated on the subject property in 2007. The use, limited to eight (8) adolescents, was permitted by right as a residential care home. This facility was licensed by the Virginia State Department of Behavioral Health and Developmental Services to provide residential services for children who are “mentally ill, mentally retarded, or developmentally disabled”. On July 1, 2017, this use ceased operation on the property. Proposal A group care facility known as “The Avalon House” (owned by the Leo House, LLC) proposes to provide care in the form of a temporary emergency shelter for a maximum of ten (10) adolescents. 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 The Avalon House would be atemporary emergency shelter facility licensed by the Virginia Department of Social Services (DSS). According to the applicant, this program anticipates accepting adolescents under the age of eighteen (18) who have been placed in custody of Virginia Department of Social Services due to neglect and/or abuse, and in need of accommodations for short term emergency housing. The applicant anticipates the stay of the adolescents to be seven (7) to fourteen (14) days, but may be as long as ninety (90) days while DSS finds long-term care for the adolescents. Twenty-four (24) hour care will be provided by staff at a ratio of one (1) full time 417SN0829-2017SEP27-BOS-RPT employee to every five (5) adolescents. An additional administrative staff member would also work on the premises. As conditioned, a maximum of ten (10) adolescents would be permitted on the property at a time. Prior to this use beginning operation, a Certificate of Occupancy (CO) must be obtained by the applicant that will specify the occupancy load for the facility. Staff notes that additional building code requirements (such as the installation of a fire suppression system) would be required if occupancy load for the facility exceeds eight (8) individuals. The applicant wouldbe responsible for obtaining a CO through the Department of Building Inspections to satisfy any building improvements necessary to increase the occupancy load to nine (9) or ten (10) individuals. 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 ten (10) 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 Maximum of 3 employees permitted on the premises (excludes part-timeemployees providing transportation services) Employees Weekly staff meeting to permit up to 10 employees on the premises Condition 6 No dumpster permitted Trash Receptacle Condition 7 As conditioned, the use should be compatible with surrounding residential developmentand maintain the residential character of the surrounding area. 517SN0829-2017SEP27-BOS-RPT COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-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: Jonathan Phillippe(804-674-2560) jonathan.phillippe@vdot.virginia.gov To date, no comments have been received. FIRE AND EMERGENCY MEDICAL SERVICES Staff Contact: Anthony Batten (717-6167) battena@chesterfield.gov The proposed request will not impact these facilities. UTILITIES Staff Contact:Terry Maples (751-4435) maplest@chesterfield.gov The applicant’s request will not impact the pubic water system and sewer system. The property is an existing sewer customer and utilizes a well. Parcel lies within a mandatory water connection area, however there are no proposed physical improvements to the property. Therefore, a connection to the public water system is not required. The nearest available water line is located at the intersection of South Beulah Road and Bellbluff Drive. The Utilities Department supports this request. 617SN0829-2017SEP27-BOS-RPT ENVIRONMENTALENGINEERING Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov Geography The western half of the subject properties drains southeast to an existing roadside ditch along Beulah Road and SouthBeulah Road, which then discharges to an unnamed tributary to Falling Creek. The eastern half drains northeast through private properties to an unnamed tributary to Falling Creek. Both parcels are located withinthe Falling Creek Watershed. Erosion and Sediment Control If greater than 2,500 square feet of total land disturbance will occur as a result of any proposed improvements, a land disturbance permit will be required. Stormwater Management If greater than 2,500 square feet will be disturbed with any proposed improvements, the project will be subject to the Part IIB technical criteria of the Virginia Stormwater Management Program Regulations for water quality and quantity. 717SN0829-2017SEP27-BOS-RPT CASE HISTORY Applicant Submittals 6/7/17 Application submitted Community Meeting 8/1/17 Issues Discussed: History of the “Kids in Focus” operation, a residential care home, and its recent closure Number and age of adolescents to be cared for on-site Type and length of care to be provided to adolescents Number of employees on-site Neighborhood safety and potential impact this use could have on adjoining properties Planning Commission 8/15/17Citizen Comments: No citizens spoke to this request. Recommendation – APPROVAL SUBJECT TO THE CONDITIONS IN ATTACHMENT 1 Motion: Wallin Second:Freye AYES: Sloan, Jackson,Freye, Jones and Wallin The Board of Supervisors on Wednesday, September 27, 2017, beginning at 6:00 p.m., will consider this request. 817SN0829-2017SEP27-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 The Leo House LLC, 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 ten (10) 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 facilityand 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 premises during a 24-hour period, 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 weeklystaff meetings. (P) 7.Trash Receptacle: Trash receptacles shall be limited to garbage and recycling cans only. No dumpster shall be permitted on the property. (P) 917SN0829-2017SEP27-BOS-RPT