CITY COUNCIL PACKAGE FOR MAY 19, 2015

Docket Item "E" UP-15-15

The Elder’s House

CITY COUNCIL PACKAGE FOR MAY 19, 2015

– 2 Application Summary 3 – 7 Planning Commission Draft Minutes 8 – 24 Staff Report: April 2, 2015

25 Environmental Site Assessment, Phase I Executive Summary

26 Architectural Elevation 27 Site Plan 28 Aerial 29 GIS Parcel Exhibit

1 APPLICATION SUMMARY

UP-15-15 The Elder’s House

LOCATION: 860 Bells Mill Road

PROPOSAL: A conditional use permit to allow a residential care facility with an alternative offsite parking location pursuant to Section 19-404(B) of the Chesapeake Zoning Ordinance.

SUBMITTED: 2-9-15 ACCEPTED: 2-13-15

STAFF RECOMMENDATION Approval with stipulations

PLANNING COMMISSION

HEARING DATE: 4-8-15

RECOMMENDATION: APPROVAL with stipulations

VOTE: 6 - 1

ATTACHMENTS

Draft Minutes, Staff Reports, Environmental Site Assessment Phase I - Executive Summary, Architectural Elevation, Site Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

UP-15-15 The Elder’s House

APPLICANT: The Elder’s House, Inc. Attn: 215 Bells Mill Rd Chesapeake, VA 23322 547-3388 [email protected] Officers: Bishop Kim W. Brown, President Elder Valerie K. Brown, Vice President

OWNER: Mt. Lebanon Baptist Church Attn: Bishop Kim W. Brown 215 Bells Mill Road Chesapeake, VA 23322 547-3388 [email protected] Trustees: William Alexander, Jr. Brenda Ferebee Gary Milton

AGENCY: American Engineering Associates – Southeast PA, Inc Attn: Mr. Walton P. Burkhimer, Jr., PE 3351 Stoneshore Road Virginia Beach, VA 23452 468-6800 [email protected]

3 Chesapeake Planning Commission

DRAFT April 8, 2015 Public Hearing Minutes

UP-15-15 PROJECT: The Elder’s House APPLICANT: The Elder’s House, Inc. AGENCY: American Engineering Associations-Southeast PA, Inc. PROPOSAL: A conditional use permit to allow a residential care facility with an alternative offsite parking location pursuant to Section 19-404(B) of the Chesapeake Zoning Ordinance. ZONE: R-10s, Residential District LOCATION: 860 Bells Mill Road TAX MAP SECTION/PARCEL: 0470000000660 BOROUGH: Pleasant Grove

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-15-15 be APPROVED with the following stipulations: (6-1; Perry/Hutchinson; Johnson opposed, Small, Van Laethem excused)

1. The applicants/owner agree that the property subject to this use permit, UP-15-15, (“Property”) shall be used as a Residential Care Facility which shall function as a children’s home or group foster home as further limited by these stipulations and the proffers in R(C)-15-05. Residence in the facility shall be limited to no more than 22 children between the ages of 12 and 18.

2. The applicant/owner agrees that the proposed use as a Residential Care Facility, as defined above, will be staffed 24 hours a day, seven (7) days a week by 6 supervisory adults including a night watchperson.

3. The applicant/owner shall provide two (2) complete sets of architectural sealed and signed plans for review and approval by the Director of Development and Permits, or their designee, prior to the approval of a final site construction plan and issuance of a new zoning permit/certificate of occupancy.

4. The applicant/owner agrees to provide the Planning Department with color, to-scale building elevations for the exterior portion of the building. Said elevations shall be subject to the review and approval of the Planning Director, or their designee, prior to final site construction plan approval.

5. The applicant/owner agrees to install and maintain all proposed landscape material in accordance with Buffer Yard “D” as defined by Chesapeake Zoning Ordinance Section 19-610, shown on the preliminary site plan February 9, 2015 on file with the Planning Department. All such materials shall be approved by the Director of Development and Permits, or their designee prior to the approval of the final site construction plan and shall be installed prior to issuance of a zoning permit/ certificate of occupancy.

4 Chesapeake Planning Commission DRAFT April 8, 2015 Public Hearing Minutes

6. The applicant/owner agrees to pave and stripe the on-site parking lot to comply with the requirements of the Chesapeake Zoning Ordinance, including but not limited to providing a sign limiting the use of one (1) of the van accessible parking spaces to disabled persons in wheelchairs, prior to the issuance of a zoning permit/certificate of occupancy. The applicant/owner further agrees to obtain all required permits and approvals, prior to the issuance of a zoning permit/certificate of occupancy.

7. If there is a change of use or ownership of the off-site alternative parking location, the applicant/owner shall submit an updated parking plan for the Property which shall be subject to the review and approval by the Director of Development and Permits, or their designee, in order for the residential care facility’s zoning permit/certificate of occupancy to remain active or this conditional use shall become null and void.

8. The residential care facility shall operate in accordance with the requirements of all other applicable Chesapeake City Code, Zoning Ordinance and State law requirements.

Mrs. Hanson read UP-15-15 into the record for Commission review and action.

Staff Presentation:

Mr. Griffin stated that based on sound planning practices, Planning staff recommended that UP-15-15 be APPROVED with the stipulations as listed in the official agenda.

Proponent:

Shepelle Watkins-White, ShepelleWatkins-White Consulting & Law, PLLC, 870 Greenbrier Circle, Suite 405, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-15 representing the applicant.

Sandra Baynes, 432 Battlefield Boulevard South, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-15 representing the applicant.

Tom Retnauer, Architect, 101 Avontea Drive, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-15 representing Retnauer Baynes Architect.

Bishop Kim Brown, Mt. Lebanon Baptist Church, 215 Bells Mill Road, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-15 representing the applicant.

Opponent:

Yvonne Stuart, 800 Bay Laurel Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing herself.


DRAFT April 8, 2015 Public Hearing Minutes Daniel Shirley, 708 Luther Street, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing himself.

Aaron B. Liles, 728 Luther Street, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing himself.

Sharon Peterson, 744 Heritage Drive, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing herself.

Lisa Liles, 728 Luther Street, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing herself.

Michael Gilman, 820 Hidden Harbor Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing himself.

Joseph D. Creed, 805 Hidden Harbor Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing Harbor Landing Civic League.

Janet Kerns, 812 Hidden Harbor Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing Harbor Landing Civic League.

Michael McCreedy, 832 Hidden Harbor Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing Harbor Landing Civic League.

Stan Shelhorse, 813 Hidden Harbor Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing himself.

Patrick Rooney, 816 Hidden Harbor Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing himself.

Vickie Greene, 800 Hidden Harbor Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing Harbor Landing Civic League.

Chris Kemp, 809 Hidden Harbor Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing himself.

Maritza Brandon, 133 Country Club Boulevard, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing herself.

Kristopher Wantz, 533 Prentiss Drive, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-15 representing himself.

6 Chesapeake Planning Commission DRAFT April 8, 2015 Public Hearing Minutes Those who spoke in opposition were concerned about safety issues, the impact on schools, flooding and drainage issues, and stated that it was not compatible with the surrounding neighborhood.

COMMISSION DISCUSSION:

Commissioner Morris wanted a more detailed explanation from the Agent of how this Group Home would fit into the low density residential area with the surrounding neighborhood as far as architectural, shrubbery, setbacks, etc. The Agent replied that the parking was located in the front of the Group Home so the property was setback to the rear. The Architect stated that the site plan would have to be approved by the City for storm drainage and that they would design the site to handle the drainage for this facility on site and then would connect into the city system. He said that they would design the home to fit within the residential community by using a low sloped roof with dormers and that the materials being used were examples of a residential style of architecture. Commissioner Morris said a citizen brought up that this Group Home was five times as large as the other homes in the surrounding area. The Architect said with regard to size, the Group Home would have nine foot ceilings with a sloped roof, be lower in height than a two-story home, have a large covered porch in the front, and have a symmetrical look.

Commissioner Williams asked the City Attorney who owned this property. The City Attorney said Mt. Lebanon Baptist Church was the owner. Commissioner Williams asked if this application would fall into the Religious Land Use and Institutionalized Persons Act (RLUIPA) guidelines. The City Attorney’s office said that it did and that RLUIPA restricts the localities ability to regulate religious exercise and had been defined in numerous ways such as; the use of a building or real property as religious exercise; if a person or entity used it or intended for it to be used as a religious exercise; and religious exercise had been found to cover most any activity that was tied to a religious group. She said Pastor Brown intended for these children to go to church and have bible study at the facility and there was a concern that RLUIPA would apply in this case. She stated in such cases, there must be a compelling state interest to regulate the use and you must do so through the least restrictive means possible. The City Attorney’s office said if the Commission was going to deny this application they must have a compelling government interest for doing so and that if the Commission proceeded with granting this rezoning and use permit she would encourage the Board to do it through the least restrictive means.

Commissioner Perry asked Pastor Brown what was the affiliation of this Group Home to his church. Pastor Brown said it was directly related. He said it would be state regulated but he would not be taking the government’s money. He said if he took money from the government it would make it extremely difficult for him to do his assignment which was not just bringing a child into a safe haven but being able to touch them with Christ. The Pastor said the majority of the funds were raised by members of the church.

Commissioner Hutchinson asked Pastor Brown if he would consider starting the Group Home with a smaller number of children rather than twenty-two. The Pastor said absolutely and that the number was not etched in stone. Commissioner Hutchinson verified with the Pastor that this Group Home was not designed for children who had behavioral problems. The Pastor said he did not want that liability, as a church, and said that no children would be permitted if they had any record whether it was a school record or legal record.


DRAFT April 8, 2015 Public Hearing Minutes Commissioner Johnson recognized Pastor Brown for all his contributions and what he had done for our City. He did not feel this property should be rezoned to O & I. He had safety concerns and said Bells Mill Road was a bad narrow road with flooding issues. He said he was not convinced that O & I was the highest and best use for this property. He felt it was a wonderful initiative but the wrong location and he would not be able to support this application.

Commissioner Williams said the land was owned by the church and that the Commissioners should rely on the City Attorney’s legal opinion and that the Commission would have to find an overwhelming reason not to approve this application.

Commissioner Johnson said this property was not consistent with the 2035 Comprehensive Land Use Plan and asked the City Attorney if that was a compelling enough reason for denial. The City Attorney stated the Comprehensive Plan was a very important part of the application before the Commission and felt it was a defensible position but would have to research further.

Commissioner Perry agreed with some of what his fellow colleagues had said and stated that the Comprehensive Plan spoke about Chesapeake being for families. He said this project would give children a family who did not have a family. He said he felt this location was more compatible as opposed to a commercial or industrial area and said it fits with the surrounding community.

COMMISSION VOTE:

Commissioner Perry moved that UP-15-15 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 6 - 1. Commissioner Johnson voted against the motion. Commissioners Small and Van Laethem were excused.

25 ENVIRONMENTAL SITE ASSESSMENT, PHASE I

29

The Elder’s House UP-15-15 APPLICANT: The Elder’s House, Inc. AGENCY: American Engineering Associations-Southeast PA, Inc. PROPOSAL: A conditional use permit to allow a residential care facility with an alternative offsite parking location pursuant to Section 19-404(B) of the Chesapeake Zoning Ordinance. ZONE: R-10s, Residential District LOCATION: 860 Bells Mill Rd TAX MAP SECTION/PARCEL: 0470000000660 BOROUGH: Pleasant Grove

CITY COUNCIL PACKAGE FOR MAY 19, 2015

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