City Council Work Session

Page 1

City of Fairfax, Virginia City Council Work Session

Agenda Item # ______

City Council Meeting ______

TO: Honorable Mayor and Members of City Council

FROM: Robert Sisson, City Manager

SUBJECT: Public hearing and Council action on a request of Adorers of the Holy Cross by Sister Trinh Nguyen for renewal of a Special Use Permit to allow a day care center (Busy Bee Child Care Center) in the Residential Medium Zoning District.

ISSUE(S): Public hearing and council action on the applicant’s request for renewal of a Special Use Permit to allow operation of a day care center in the RM (Residential Medium) Zoning District.

SUMMARY: The applicant would like to renew a Special Use Permit application to continue to operate a day care center. The applicant currently operates Busy Bee Child Care Center with approximately 22 children.

FISCAL IMPACT: The use would be expected to have a minimal impact on City revenues and expenditures.

RECOMMENDATION: Approval with conditions.

ALTERNATIVE COURSE OF ACTION: City Council may choose to defer action or deny the application.

RESPONSIBLE STAFF/POC:

Grace Peters-Alao, Planner Jason Sutphin, Community Development Division Chief Brooke Hardin, Director, Community Development & Planning

COORDINATION: Community Development & Planning, Public Works, Code Administration Police, Human Services, Commissioner of Revenue, Treasurer, City Attorney

ATTACHMENTS: Staff Report

8a

4/18/2017

City Hall ♦ 10455 Armstrong Street ♦ Room 207 Fairfax ♦ Virginia ♦ 22030

703-385-7820 ♦ (FAX) 703-385-7824

CITY OF FAIRFAX

Department of Community Development & Planning

Special Use Permit Request SU-14070046 City Council Public Hearing

PUBLIC HEARING DATE

April 18, 2017

APPLICANT/AGENT Adorers of the Holy Cross/Sister Trinh Nguyen dba Busy Bee Childcare

PARCEL DATA Tax Map ID ◊ 47-3-08-03-011

Street Address ◊ 10917 Marilta Court Zoning District ◊ RM, Residential Medium

APPLICATION SUMMARY The applicant, Adorers of the Holy Cross, requests approval to renew a Special Use Permit in accordance with City Code Section 110-3.5.2.B. to allow a day care center in the RM Residential Medium Zoning District.

STAFF RECOMMENDATION Staff recommends approval of the Special Use Permit application subject to the following conditions:

1. The enrollment shall be limited to 60 children 2 through 12 years;

2. Occupancy of the residence shall be limited to no more than six unrelated individuals;

3. No more than one sign shall be permitted for the day care center;

4. The permittee shall continue to maintain a valid state license for the day care operation;

5. The applicant shall provide the City with copies of all inspection reports by state or other government agencies within two business days of receipt by the applicant;

6. The Special Use Permit shall not be transferable to another owner; and

7. Upon expiration and renewal of the State license, the applicant shall provide the City with a report demonstrating continued compliance with the development conditions associated with the Special Use Permit.

Special Use Permit SU- 14070046 Page 2


703-385-7820 ♦ (FAX) 703-385-7824

BACKGROUND INFORMATION The subject site is located in the northwest quadrant of the City, and is composed of a 1.074-acre irregular shaped lot in the RM – Residential Medium zoning district with frontage and access from one curb cut on Marilta Court. Further information on adjacent properties is provided in the table below.

Direction Existing Land Use Zoning Future Land Use

North Residential – Single Detached

RM, Residential Medium Residential - Low

East Residential – Single Detached


South Residential – Single Detached


West Institutional- City of Fairfax

RM, Residential Medium Institutional

According to City of Fairfax Real Estate records, the house was constructed around 1966. Since construction, additional improvements have been made to expand the house. The day care center is located at the end of the cul-de-sac on Marilta Court. The rear property line is adjacent to Providence Elementary School while the other property lines are adjacent to residential properties in the Jermantown Village Subdivision. The facility is also within close proximity to the Interstate Route 66 noise barrier wall. A portion of the building is used for the day care center and the rear portion connected by a breezeway on the southern side of the lot serves as a residence to six nuns employed at the day care. The subject site encompasses lot eleven and a portion of lot twelve which includes a playground easement that lies between lot eleven and Interstate Route 66. The playground and a portion of the parking area is within the playground easement. Based on the information obtained from City files, the property was annexed into the City from Fairfax County in 1981 as part of a boundary adjustment. Prior to annexation the Virginia Montessori School operated on the site with a Special Use Permit for 13 years, educating children ranging in age from 2 ½ through 8 years. Subsequently, the following actions occurred: 1981: City Council approved request with conditions by Virginia Montessori School to operate a

school of general instruction and nursery with a maximum of 112 pupils. 1994: City Council approved request with conditions by Vietnamese Holy Cross Sisters to operate a

day care center for up to sixty children ages 2½ to 5 years. The Special Use Permit was granted for one year.

1995: City Council approved renewal request with conditions by Vietnamese Holy Cross Sisters to operate a day care center with the age limitation change to allow children ages 2 ½ to 6 years. The Special Use Permit was granted for 5 years.

1998: City Council approved a new request with conditions by Vietnamese Holy Cross Sisters to allow the enrollment of children ranging in age from 2 ½ through 12 years. The Special Use Permit was granted for a 5-year period.

2004: City Council approved a renewal request with conditions by Vietnamese Holy Cross Sisters to operate a day care center. The Special Use Permit was granted for a 5-year period.



703-385-7820 ♦ (FAX) 703-385-7824

2009: City Council approved a renewal request with conditions by Vietnamese Holy Cross Sisters to operate a day care center. The Special Use Permit was granted for a 5-year period. Those conditions are provided below:

1. The enrollment shall be limited to 60 children 2 through 12 years; 2. Occupancy of the residence shall be limited to no more than six unrelated individuals; 3. The permittee shall continue to maintain a valid state license for the day care operation; 4. The applicant shall provide the City with copies of all inspection reports by state or other

government agencies within the two business days of receipt by the applicant; 5. The Special Use Permit shall not be transferable to another owner; and 6. The Special Use Permit shall be valid for five years.

In 2014, the applicant submitted an application to renew the Special Use Permit. A plat submitted as one of the application requirements appeared to show a larger footprint of the house than what was shown on a previous plat submitted in 2008. During a site inspection, staff discovered that the larger footprint shown was due to an expansion of the house (new kitchen) encroaching into the southern side yard. Additionally, staff discovered that there are no records that a building permit had been issued. There were also questions related to the number of bedrooms in the residence and the occupancy limit imposed through the Special Use Permit development conditions. The staff identified what appeared to be seven bedrooms and the one of the SUP conditions limited the occupancy to six unrelated individuals. Consequently, the land use application was placed on hold in 2014 for the applicant to address the staff concerns. Staff was expecting the applicant to file a Special Exception to allow an eight foot setback in the side yard where a 10-ft setback was required; however, due to the adoption of the new zoning ordinance, the request for relief from the setback requirements could be provided administratively. Based on the new zoning ordinance (City Code Section 110-6.16), the Zoning Administrator may authorize an administrative adjustment that meets certain standards. Due to the non-conforming expansion, the applicant applied for a numerical administrative adjustment that would provide relief from the setback requirement in the side yard on the southern side of the property. That administrative adjustment request was approved on March 30, 2017. Code Administration staff have also worked with the applicant to bring the improvement up to building code standards. According to Code Administration staff, the expansion meets Code standards and a building and other associated permits have been issued. During this interim period, the sister acting as the agent for the applicant, (Adorers of the Holy Cross) left after her term ended. Another sister has returned to serve as day care center director and that change has been updated on the Special Use Permit application. PROPOSAL The applicant proposes to continue operating Busy Bee day care center on the premises known as 10917 Marilta Court. The current hours of operation are 7:00 A.M to 6:00 P.M., Monday through Friday. The applicant’s state license is current and does not expire until December 19, 2018. This license allows the day care to operate with a maximum of 25 children, ages 2 through 12 years old. There are currently 22 children enrolled at the day care center. The last state inspection was conducted in



703-385-7820 ♦ (FAX) 703-385-7824

November 2016. An annual City fire inspection was conducted and approved on December 5, 2016. The applicant does not propose any exterior building changes to support the operation of the facility or that would change the appearance of the building. As previously noted, the Code required permits and Zoning Administrative permits have also been satisfied. LAND USE REQUEST The applicant proposes to continue to operate the Busy Bee child care center and seeks renewal of:

1. A Special Use Permit to allow a day care center in the RM Residential Medium zoning district. ANALYSIS Based on the analysis of this application, it appears that the applicant continues to meet all the requirements to operate a day care center in the RM Residential Medium District. The current use continues to fit within the character of the existing residential neighborhood. This proposal is consistent with the goals and objectives of the Comprehensive Plan, based on staff’s conditions. STAFF RECOMMENDATION Based on the analysis presented in Attachment 1 of this report, Staff recommends that the City Council approve the requested Special Use Permit subject to the following conditions:

1. The enrollment shall be limited to 60 children 2 through 12 years; 2. Occupancy of the residence shall be limited to no more than six unrelated individuals; 3. No more than one sign shall be permitted for the day care center; 4. The permittee shall continue to maintain a valid state license for the day care operation; 5. The applicant shall provide the City with copies of all inspection reports by state or other

government agencies within two business days of receipt by the applicant; 6. The Special Use Permit shall not be transferable to another owner; and 7. Upon expiration and renewal of the State license, the applicant shall provide the City with a

report demonstrating continued compliance with the development conditions associated with the Special Use Permit.


703-385-7820 ♦ (FAX) 703-385-7824

CITY OF FAIRFAX

Department of Community Development & Planning

Special Use Permit Request SU-14070046 City Council Public Hearing

PUBLIC HEARING DATE

April 18, 2017

APPLICANT/AGENT Adorers of the Holy Cross/Sister Trinh Nguyen dba Busy Bee Childcare

PARCEL DATA Tax Map ID ◊ 47-3-08-03-011

Street Address ◊ 10917 Marilta Court Zoning District ◊ RM, Residential Medium

APPLICATION SUMMARY The applicant, Adorers of the Holy Cross, requests approval to renew a Special Use Permit in accordance with City Code Section 110-3.5.2.B. to allow a day care center in the RM Residential Medium Zoning District.

STAFF RECOMMENDATION Staff recommends approval of the Special Use Permit application subject to the following conditions:

1. The enrollment shall be limited to 60 children 2 through 12 years;

2. Occupancy of the residence shall be limited to no more than six unrelated individuals;

3. No more than one sign shall be permitted for the day care center;

4. The permittee shall continue to maintain a valid state license for the day care operation;

5. The applicant shall provide the City with copies of all inspection reports by state or other government agencies within two business days of receipt by the applicant;

6. The Special Use Permit shall not be transferable to another owner; and

7. Upon expiration and renewal of the State license, the applicant shall provide the City with a report demonstrating continued compliance with the development conditions associated with the Special Use Permit.



703-385-7820 ♦ (FAX) 703-385-7824

BACKGROUND INFORMATION The subject site is located in the northwest quadrant of the City, and is composed of a 1.074-acre irregular shaped lot in the RM – Residential Medium zoning district with frontage and access from one curb cut on Marilta Court. Further information on adjacent properties is provided in the table below.

Direction Existing Land Use Zoning Future Land Use

North Residential – Single Detached


East Residential – Single Detached


South Residential – Single Detached


West Institutional- City of Fairfax

RM, Residential Medium Institutional

According to City of Fairfax Real Estate records, the house was constructed around 1966. Since construction, additional improvements have been made to expand the house. The day care center is located at the end of the cul-de-sac on Marilta Court. The rear property line is adjacent to Providence Elementary School while the other property lines are adjacent to residential properties in the Jermantown Village Subdivision. The facility is also within close proximity to the Interstate Route 66 noise barrier wall. A portion of the building is used for the day care center and the rear portion connected by a breezeway on the southern side of the lot serves as a residence to six nuns employed at the day care. The subject site encompasses lot eleven and a portion of lot twelve which includes a playground easement that lies between lot eleven and Interstate Route 66. The playground and a portion of the parking area is within the playground easement. Based on the information obtained from City files, the property was annexed into the City from Fairfax County in 1981 as part of a boundary adjustment. Prior to annexation the Virginia Montessori School operated on the site with a Special Use Permit for 13 years, educating children ranging in age from 2 ½ through 8 years. Subsequently, the following actions occurred: 1981: City Council approved request with conditions by Virginia Montessori School to operate a

school of general instruction and nursery with a maximum of 112 pupils. 1994: City Council approved request with conditions by Vietnamese Holy Cross Sisters to operate a

day care center for up to sixty children ages 2½ to 5 years. The Special Use Permit was granted for one year.

1995: City Council approved renewal request with conditions by Vietnamese Holy Cross Sisters to operate a day care center with the age limitation change to allow children ages 2 ½ to 6 years. The Special Use Permit was granted for 5 years.

1998: City Council approved a new request with conditions by Vietnamese Holy Cross Sisters to allow the enrollment of children ranging in age from 2 ½ through 12 years. The Special Use Permit was granted for a 5-year period.

2004: City Council approved a renewal request with conditions by Vietnamese Holy Cross Sisters to operate a day care center. The Special Use Permit was granted for a 5-year period.



703-385-7820 ♦ (FAX) 703-385-7824

2009: City Council approved a renewal request with conditions by Vietnamese Holy Cross Sisters to operate a day care center. The Special Use Permit was granted for a 5-year period. Those conditions are provided below:

1. The enrollment shall be limited to 60 children 2 through 12 years; 2. Occupancy of the residence shall be limited to no more than six unrelated individuals; 3. The permittee shall continue to maintain a valid state license for the day care operation; 4. The applicant shall provide the City with copies of all inspection reports by state or other

government agencies within the two business days of receipt by the applicant; 5. The Special Use Permit shall not be transferable to another owner; and 6. The Special Use Permit shall be valid for five years.

In 2014, the applicant submitted an application to renew the Special Use Permit. A plat submitted as one of the application requirements appeared to show a larger footprint of the house than what was shown on a previous plat submitted in 2008. During a site inspection, staff discovered that the larger footprint shown was due to an expansion of the house (new kitchen) encroaching into the southern side yard. Additionally, staff discovered that there are no records that a building permit had been issued. There were also questions related to the number of bedrooms in the residence and the occupancy limit imposed through the Special Use Permit development conditions. The staff identified what appeared to be seven bedrooms and the one of the SUP conditions limited the occupancy to six unrelated individuals. Consequently, the land use application was placed on hold in 2014 for the applicant to address the staff concerns. Staff was expecting the applicant to file a Special Exception to allow an eight foot setback in the side yard where a 10-ft setback was required; however, due to the adoption of the new zoning ordinance, the request for relief from the setback requirements could be provided administratively. Based on the new zoning ordinance (City Code Section 110-6.16), the Zoning Administrator may authorize an administrative adjustment that meets certain standards. Due to the non-conforming expansion, the applicant applied for a numerical administrative adjustment that would provide relief from the setback requirement in the side yard on the southern side of the property. That administrative adjustment request was approved on March 30, 2017. Code Administration staff have also worked with the applicant to bring the improvement up to building code standards. According to Code Administration staff, the expansion meets Code standards and a building and other associated permits have been issued. During this interim period, the sister acting as the agent for the applicant, (Adorers of the Holy Cross) left after her term ended. Another sister has returned to serve as day care center director and that change has been updated on the Special Use Permit application. PROPOSAL The applicant proposes to continue operating Busy Bee day care center on the premises known as 10917 Marilta Court. The current hours of operation are 7:00 A.M to 6:00 P.M., Monday through Friday. The applicant’s state license is current and does not expire until December 19, 2018. This license allows the day care to operate with a maximum of 25 children, ages 2 through 12 years old. There are currently 22 children enrolled at the day care center. The last state inspection was conducted in



703-385-7820 ♦ (FAX) 703-385-7824

November 2016. An annual City fire inspection was conducted and approved on December 5, 2016. The applicant does not propose any exterior building changes to support the operation of the facility or that would change the appearance of the building. As previously noted, the Code required permits and Zoning Administrative permits have also been satisfied. LAND USE REQUEST The applicant proposes to continue to operate the Busy Bee child care center and seeks renewal of:

1. A Special Use Permit to allow a day care center in the RM Residential Medium zoning district. ANALYSIS Based on the analysis of this application, it appears that the applicant continues to meet all the requirements to operate a day care center in the RM Residential Medium District. The current use continues to fit within the character of the existing residential neighborhood. This proposal is consistent with the goals and objectives of the Comprehensive Plan, based on staff’s conditions. STAFF RECOMMENDATION Based on the analysis presented in Attachment 1 of this report, Staff recommends that the City Council approve the requested Special Use Permit subject to the following conditions:


government agencies within two business days of receipt by the applicant; 6. The Special Use Permit shall not be transferable to another owner; and 7. Upon expiration and renewal of the State license, the applicant shall provide the City with a

report demonstrating continued compliance with the development conditions associated with the Special Use Permit.

Page 1 ATTACHMENT 1

STAFF ANALYSIS

SU-14070046

APPLICABLE CODE SECTIONS Section 110-6.7.7. Approval considerations In determining whether to approve a Special Use Permit, the City Council shall consider the following:

a) Consistency with the comprehensive plan; b) Compliance with all applicable requirements of this chapter; c) The effect on the health or safety of persons residing or working in the neighborhood of

the proposed use; and d) The effect on public welfare, property and improvements in the neighborhood.

In addition to the general criteria listed above, applications for child care centers must comply with all of the criteria listed in Section 110-3.5.2. B as follows:

Section 3.5.2.

B. Day care centers

1. Licenses and codes

(a) All day care centers shall be State-licensed and obtain a zoning permit pursuant to the requirements of §6.20.

The applicant has a state-license that is current. Once the Special Use Permit is granted, the applicant plans to obtain a Zoning Permit.

(b) Such uses shall be subject to the applicable provisions of City Code, chapter 14, article II, division 2, and Code of Virginia, title 63.2, chapter 17.

The applicant is aware and will comply with the applicable provisions of City Code, chapter 14, article II, division 2, and Code of Virginia, title 63.2, chapter 17.

2. Dimensional standards All day care centers shall be located on lots complying with the minimum lot size requirements of the zoning district in which it is located. The day care center is located on a lot complying with the minimum lot size requirement.

3. Access management All such uses shall be located with access to an existing or planned public street of sufficient right-of-way and cross-section width to accommodate pedestrian and vehicular traffic to and from the use as determined by the zoning administrator. Such uses shall be located so as to permit the on-site pickup and delivery of persons on the site.

Page 2 ATTACHMENT 1

The use is located with direct access to Marilta Court, an existing public street through one curb cut that provide ingress and egress to the property. The driveway allows for easy maneuvering of vehicles on-site for drop off and pickup.

4. Signs Notwithstanding other provisions to the contrary, day care centers may have a monument sign of up to 32 square feet in area, six feet high; and a wall sign of up to 24 square feet. The applicant has applied for a sign permit to mount a wall sign on the front of the building that would meet the sign provisions for day care centers.

On the Future Land Use Map of the Comprehensive Plan, this property is designated as Residential- Low. One of the goals and objectives of the Comprehensive Plan is to preserve and enhance existing residential neighborhoods and commercial centers. As noted in the staff report, the applicant does not propose any exterior improvements with this Special Use Permit application and does not intend to change the exterior appearance of the childcare center that would detract from the residential character of the neighborhood.

The day care center is currently operating in a smaller capacity than it was originally. There are currently less than 25 children enrolled at the day care center and the current state license is for 25 children, although the Special Use Permit request is for renewal with a maximum of 60 children should the enrollment increase to previous levels (up to 60) with state approval. The parking area on the subject site has not changed and is more than adequate to accommodate the number of drop offs and pickups at the daycare. There is also a cul-de-sac located on the residential street that provides additional space for maneuvering of vehicles and easier traffic circulation during drop-off and pick-up times. Staff believes that the driveway and parking area on the subject site provides an adequate and safe space for maneuvering vehicles during drop off and pickup periods. In conclusion, this renewal complies with the criteria set forth in City Code Section 110-3.5.2.B for day care centers. Staff believes that the continued use is consistent with the Comprehensive Plan and would not change the character of the neighborhood. The day care center has been operating for over 20 years and is currently operating well below the maximum number of children requested that the continued use would not have a negative impact on the surrounding area including the health or safety of persons residing or working in the neighborhood or the public welfare, property and improvements in the neighborhood. Therefore, staff is confident that approval of the renewal request with associated conditions would allow the daycare to continue to operate while complying with City Code requirements.

7. MOTIONS: ATTACHMENTS: [If City Council agrees with the staff recommendation, then Motion 8A is appropriate]

7A. Motion to approve Special Use Permit 7B. Motion to deny Special Use Permit

ATTACHMENT 7

Sample Motion for Approval w/ conditions (Recommended by Staff) Special Use Permit SU-14070046

DAY CARE CENTER

FOR APPROVAL

I MOVE THAT THE CITY COUNCIL APPROVE THE REQUEST OF ADORERS OF THE

HOLY CROSS, APPLICANT, BY SISTER TRINH NGUYEN, AGENT, FOR THE

RENEWAL OF A SPECIAL USE PERMIT PURSUANT TO CITY CODE SECTION 110-

3.3.1 TO ALLOW A DAY CARE CENTER (BUSY BEE CHILD CARE CENTER) IN THE

RM RESIDENTIAL MEDIUM ZONING DISTRICT ON THE PREMISES KNOWN AS 10917

MARILTA COURT AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL(S)

47-3-08-03-011, SUBJECT TO THE FOLLOWING CONDITIONS:


government agencies within two business days of receipt by the applicant; 6. The Special Use Permit shall not be transferable to another owner; and

Upon expiration and renewal of the State license, the applicant shall provide the City with a report demonstrating continued compliance with the development conditions associated with the Special Use Permit.

ATTACHMENT 7A

Sample Motion for Denial Special Use Permit SU- 14070046

DAY CARE CENTER

FOR DENIAL

I MOVE THAT THE CITY COUNCIL DENY THE REQUEST OF ADORERS OF THE

HOLY CROSS, APPLICANT, BY SISTER TRINH NGUYEN, AGENT, FOR THE

RENEWAL OF A SPECIAL USE PERMIT PURSUANT TO CITY CODE SECTION 110-

3.3.1 TO ALLOW A DAY CARE CENTER (BUSY BEE CHILD CARE CENTER) IN THE

RM RESIDENTIAL MEDIUM ZONING DISTRICT ON THE PREMISES KNOWN AS 10917

MARILTA COURT AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL(S)

47-3-08-03-011, FOR THE FOLLOWING REASONS:

(CITY COUNCIL TO CHOOSE FROM THE FOLLOWING REASONS OR PROVIDE THEIR

OWN)

1. The proposed use is not consistent with the comprehensive plan;

2. The proposed use is not in compliance with all applicable requirements of this chapter; 3. The proposed use would negatively impact the health of or safety of persons residing

or working in the neighborhood; 4. The proposed use would negatively impact the on public welfare, property and

improvements in the neighborhood

ATTACHMENT 7B

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City Council Work Session