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19SN0572 CASE NUMBER: 19SN0572 APPLICANT: Teshauna Moore Tornes CHESTERFIELD COUNTY, VIRGINIA BERMUDA DISTRICT AND RECOMMENDATION Board of Supervisors (BOS) Hearing: AUGUST 28, 2019 BOSTime Remaining: 365 DAYS Applicant Agent: TESHAUNA TORNES (336-253-5837) Planning Department Case Manager: 0.3 Acres 6115 Walnut Landing Way DREW NOXON (804-796-7122) 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 A group care facility to permit the full-time care for a maximum of four (4) adolescent/young women (ages 13 18) is planned. RECOMMENDATION DENIAL PLANNING Given property location, size constraints and anticipated level of activity, COMMISSION unlikely impacts of use on area properties can be mitigated APPROVAL As conditioned, the use would be compatible with the surrounding STAFF residential development Residential character of the area will be maintained Providing a FIRST CHOICE community through excellence in public service 219SN0572-2019AUG28-BOS-RPT-C Comprehensive Plan Classification: SUBURBAN RESIDENTIAL II The designation suggests the property is appropriate for residential development at a maximum density of 2.0 to 4.0 dwellings per acre. Surrounding Land Uses and Development Arbor Green Dr. Walnut Landing Wy. Single-family uses -Arbor Landing Ironbridge Pkwy. Arbor Green Ct. 319SN0572-2019AUG28-BOS-RPT-C PLANNING Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov Zoning History Case Number Request Rezoning to Residential (R-15) plus conditional use planned development to permit exceptions to Ordinance requirements 78SN0105 (minimum lot size of 8,000 sq. ft.) Approved Various amendments to Case 78SN0105 approved (86SN0097 and (4/1979) 87SN0035) Amended Cases 78SN0105, 86SN0097 and 87SN0035 88SN0061 Decreased required side-yard setbacks in the R-15 District (applies to Approved subject property) (7/1988) Proposal A group care facility with a maximum of four (4) adolescent to young women who receive full- time care is proposed within the existing 2,477 square-foot, four-bedroom single-family dwelling. The applicant has indicated that three (3) full-time employees who provide twenty- four (24) hour care and supervision, and two (2) part-time employees are needed. Group Care Facility 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 the Neighborhood Office (O-1) Districts and require conditional use approval in Residential (R) Districts. Examination of Use According to the applicant, the program would accept and care for adolescent females between the ages of 13-18 years old who have been referred by the Virginia Department of Social Services due to neglect and/or abuse. The applicant plans to obtain a license from the Virginia Department of Social Services for the provision of care for a maximum of four (4) adolescent/ young women while preparing the individuals for transition into an appropriate home or adulthood. Twenty-four (24) hour care will be provided by both part and full-time employees. The applicant has indicated that the adolescents accepted into this program attend public schools and 419SN0572-2019AUG28-BOS-RPT-C participate in service learning opportunities. As conditioned, the intensity of this use is anticipated to be in character with the residential neighborhood. 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), ages 13 - 18 Number/Age of Residents Condition 2 No exterior additions or alterations to existing structure Limitation on Size Condition 3 None permitted Signage Condition 4 One (1) year Time Limitation Condition 5 Maximum of three (3) employees on premises at any one time. Employees No on-site employee meetings, except training required by state VA Dept. of Social Services Condition 6 FIRE AND EMERGENCY MEDICAL SERVICES Staff Contact: Anthony Batten (717-6167) battena@chesterfield.gov Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Chester Fire Station, Company Number 1 EMS Facility The Chester Fire Station, Company Number 1 SCHOOLS Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net As this proposal is within a 1.5-mile radius from Ecoff Elementary School and Carver College and Career Academy, CCPS reviewed the application documents and found that this request will have minimal impact on school facilities. 519SN0572-2019AUG28-BOS-RPT-C COUNTY TRANPORTATION Staff Contact: Steve Adams (804) 748-1037 adamsSt@chesterfield.gov VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov UTILITIES Staff Contact: Jamie Bland (804-751-4439) ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov This request will not impact these facilities. 619SN0572-2019AUG28-BOS-RPT-C CASE HISTORY Applicant Submittals 11/5/18 Application submitted 12/19/18, Application revised 1/24/19 & 4/9/19 Planning Commission 2/19/19 ACTION - 3/19/19 ACTION - WI 4/16/19 ACTION - 7/16/19 Citizen Comments: Multiple citizens spoke in opposition to the request. Concerns were shared regarding introduction of a business use into the neighborhood, precedent for location of other businesses, restrictive covenants requiring homes to be maintained for residential use only and concerns relative to overflow parking on the street. The Arbor Landing Association (HOA) submitted a letter opposing the request. Discussion: Mr. Stariha inquired about the number of vehicles that could be accommodated in the existing driveway. Mr. Sloan noted that he was present at the well-attended March HOA meeting and heard from residents opposed to the proposal. He indicated that during his service on the Chesterfield County Community Services Board, much effort was made to work closely with communities when locating permitted residential care homes to avoid disruption of neighbors. He concluded he could not support the proposal as he did not believe the size of this property could amply accommodate the level of activity and parking associated with this use to successfully mitigate impacts on the residential community. Recommendation DENIAL Motion: Sloan Second: Stariha AYES: Jackson, Freye, Sloan, and Stariha ABSENT: Jones The Board of Supervisors on Wednesday, August 28, 2019, beginning at 6:00 p.m., will consider this request. 719SN0572-2019AUG28-BOS-RPT-C ATTACHMENT 1 CONDITIONS Note: The following conditions are recommended by Staff. 1.Non-Transferable Ownership: This conditional use approval shall be granted to and for Teshauna Moore Tornes, 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/young women, ages 13 18, 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 one (1) year from the date of approval. (P) 6.Employees: No more than three (3) employees shall be permitted to work on the premises at any given time. Except for on-site training required by the Virginia Department of Social Services, staff meetings shall not take place on the premises. (P) 819SN0572-2019AUG28-BOS-RPT-C