City of Fairfax, Virginia City Council Regular Meeting

Agenda Item #

City Council Meeting

TO: Honorable Mayor and Members of City Council

FROM: Robert Sisson, City Manager

SUBJECT: Request of Nuria Ibrahim, owner, for a Special Use Permit, pursuant to City Code Section 110-512(18), to allow a home child care facility with up to 12 children maximum, in the R-3 Residential District on the premises known as 10625 West Drive, and more particularly described as Tax Map Parcel 57-3-02-018.

ISSUE: A public hearing of the City Council to consider the applicant’s request for a special use permit to allow a residential child care facility in the R-3 Residential District.

SUMMARY: The applicant requests a residential child care facility for a maximum of 12 children in the R-3 Residential District.

FISCAL IMPACT: It is anticipated that the proposed use will not significantly increase City expenditures or revenues.

RECOMMENDATION: Approval with conditions.

ALTERNATIVE COURSE OF ACTION:

City Council may alternatively approve without conditions or deny the application.

RESPONSIBLE STAFF/POC:

Grace Peters-Alao, Planner Jason Sutphin, Community Development Division Chief

COORDINATION: City Attorney Commissioner of the Revenue Code Administration Public Works Real Estate Human Services Police Fairfax Water

ATTACHMENTS: Staff Report

8b.

4/29/2015

City Hall ♦ 10455 Armstrong Street ♦ Room 101 Fairfax ♦ Virginia ♦ 22030

703-385-7820 ♦ (FAX) 703-385-7824

CITY OF FAIRFAX

Department of Community Development & Planning

Special Use Permit Request SU-15020129

PUBLIC HEARING DATE

April 29, 2015

APPLICANT/ LESSEES

Nuria Ibrahim, Owner/Applicant

PARCEL DATA Tax Map ID

◊ 57-3-02-018 Street Address

◊ 10625 West Road

Zoning District

◊ R-3 Residential

APPLICATION SUMMARY The applicant requests City Council approval of a Special Use Permit pursuant to Section 110-512 (18), to allow a residential child care facility with up to 12 children maximum.

STAFF RECOMMENDATION Staff recommends approval of the applicant’s Special Use Permit request based on the analysis of the criteria specified in the staff report, subject to the conditions below:

1. The applicant may care for a maximum of twelve (12) children;

2. The garage shall be maintained for parking of two automobiles for the residential use;

3. There shall be no drop-off or parking permitted on the 20-foot outlot road/alley.

4. There shall be no modifications to the exterior of the building or site that detract from the residential character of the site;

5. All required licenses shall be obtained prior to start of business and maintained at all times; and

6. The Special Use Permit shall be valid only for the applicant, shall not be transferrable to any other person, and shall expire after four years. The applicant may apply for renewal prior to the expiration of the SUP.

Special Use Permit - SU-15020129 Page 2

City Hall ♦ 10455 Armstrong Street ♦ Room 101 Fairfax ♦ Virginia ♦ 22030

703-385-7820 ♦ (FAX) 703-385-7824

BACKGROUND INFORMATION The subject property is zoned R-3 Residential District. The 0.227-acre parcel is currently developed with a 4,117-square-foot single-family dwelling, constructed in 1993. The subject site is situated between R-3 Residential lots to the north, east and west, RM Multifamily lot to the south and is located within 1000 feet from Providence Park. The Comprehensive Plan Future Land Use map indicates that the subject site is designated as Residential-Low/Medium Density. There is no specific policy that addresses child care use in residential neighborhoods; however, the Comprehensive Plan guidelines note that neighborhood characteristics should be preserved in regards to appearance. Further, the Plan indicates that child care should be supported where appropriate throughout the City. Surrounding properties are described as follows:

Direction Existing Zoning Current Use Comprehensive Plan Future Land Use Designation

North R-3 Residential-Single attached Residential – Medium South RM-Multifamily Residential-Multifamily Residential – High East R-3 Residential-Single detached Residential – Low/Medium West R-3 Residential-Single detached Residential – Low/Medium

LAND USE REQUEST Special Use Permit to allow:

• Home Child Care Facility, pursuant to City Code Section 110-512(18). The existing childcare provider has held a permit through the City’s Human Services for fewer than six children since the 2013. The applicant began providing childcare services in 2005; she took a break after a couple of years to care for relatives. The applicant proposes to occupy the 4,117 square-foot existing home as home child care use with up to 12 children, which is permitted in the R-3 Residential District with a Special Use Permit. The applicant currently utilizes areas on the basement level of the home for childcare. In addition to these areas, there is a 254-square foot sunroom, used as an indoor play area and resting area for the children attending the daycare. Conversely, the applicant could provide services for up to five children without the requirement of a Special Use Permit. The proposed hours of operation for the home child care service are from 7:00 AM to 6:30 PM Monday through Friday. The applicant is currently the sole full time operator of the business; however, her husband and daughter assist her on a part-time basis. The applicant has not obtained a state license but plans to do so if granted approval for the Special Use Permit request. The applicant is aware that state licensure is one of the requirements for a Special Use Permit to operate a home child care facility for up to 12 children. To date, the City has not received complaints from the neighborhood regarding noise, parking, or any other disturbances associated with this child care operation. ANALYSIS The Zoning Ordinance provides criteria for consideration of the Special Use Permit. These criteria, along with staff analysis of the request, are addressed in Attachment 1.

City of Fairfax 10625 West Drive Special Use Permit SU-15020129

1

ATTACHMENT 1

SPECIAL USE PERMIT ANALYSIS This attachment addresses the criteria that City Council must consider in taking action on the application for the Special Use Permit by Nuria Ibrahim, at 10625 West Drive. SECTION 110-240 ADDITIONAL STANDARDS FOR CHILD CARE USES (a) Child care, home facility (with six to 12 children).

(1) All homes shall obtain a State of Virginia Family Day Care Home License and a non-residential use permit from the City of Fairfax Department of Community Development and Planning. (2) When calculating the total number of children cared for, resident children shall be excluded. (3) The facility shall be the principal residence of the operator(s) of the child care home. (4) The facility shall comply with any and all requirements of the city, county, and state codes, including chapter 14, article II, division 2 of this Code, and Code of Virginia, tit. 63.2, ch. 17 as the same may be from time to time amended. (5) Unless exempted by [subsection] (6) below, a minimum of 100 square feet per child of outdoor play space shall be provided on the lot where the home child care facility is located and shall be shown on a schematic plat of the lot at the time of issuance of a nonresidential use permit. Such play area shall be enclosed with a fence, hedge, or other similar enclosing structure, at least four feet high unless determined by the zoning administrator that the required area provides adequate protection from traffic, neighboring yards or other hazards. Outdoor play area shall be delineated on a plat to scale submitted at the time the residential use permit is applied for, or if applicable at the time a special use permit application is filed. (6) No play area shall be required on site when it is demonstrated that the child care home is located within 1,000 feet of an existing suitable play area, such as a park or play lot. Such park or play space shall either be a public park or play space, or shall be dedicated to such uses as part of a local community association or planned development district to which the subject residence belongs. (7) Parking shall be provided in accordance with section 110-155 (8) Such uses shall be subject to the applicable provisions of chapter 14, article II, division 2 of this Code, and Code of Virginia, tit. 63.2, ch. 17, as the same may be from time to time amended.

SECTION 110-366 APPLICABLE TO ALL SPECIAL USE PERMITS “(3) The City Council may approve Special Use Permits only after considering the following criteria:

City of Fairfax 10625 West Drive Special Use Permit SU-15020129

2

a) Consistency with the Comprehensive Plan and other adopted city goals and policies;

b) The size and shape of the lot on which the use is proposed; c) Vehicular and pedestrian traffic; d) Trip generation characteristics of the proposed use; e) Site design; f) Lighting, traffic, sight, smoke, dust, odor, noise, vibration and other factors

which may affect the serenity of the neighborhood; g) The safety and movement of vehicular traffic upon adjacent streets; h) The safety and welfare of residents living in the area; i) The location, height, and design of buildings, walls, fences and landscaping

proposed; j) Overall impact of the proposed use upon the development and use of

adjacent land; k) Safety and welfare of persons working in the neighborhood; l) Harmony of the proposal with the general purpose and intent of the

applicable article of this chapter; and m) The purposes of zoning ordinances set forth in the Code of Virginia,

§ 15.2-2283.”

Land Use The Comprehensive Plan Future Land Use map designates the subject site as Residential – Low/Medium Density. The Comprehensive Plan specifies that traditional neighborhood characteristics should be preserved as neighborhoods undergo change, particularly from a community appearance aspect. The applicant has requested a Special Use Permit to allow home child care services for more than five children, City Code requires outdoor play space for the associated use. As noted above, City Code Section 110-240 requires that 100 square feet of enclosed outdoor play space be provided on the lot where the home child care facility is located unless the home is located within 1,000 feet of an existing suitable play area, such as a park or play lot. The subject property has an approximately 5,000 square foot rear yard area for outdoor play; however, the backyard is not enclosed by a fence on all sides. The applicant has stated she often takes the children to Providence Park to play. Providence Park is located less than 1,000-feet from the subject site, which meets the requirements of Section 110-240(a)(6), thus there is no requirement for a fenced play area on site. Staff believes that the proposal is in harmony with the general purpose and intent of the applicable sections of the Comprehensive Plan and will not adversely impact the surrounding neighborhood. Trip Generation Characteristics and Parking The proposed hours of operation are from 7:00 AM to 6:30 PM, Monday through Friday. The Institute of Transportation Engineers 8th Edition does not provide statistical information for home child care facilities; however, the estimated daily trip generation for 12 children being dropped off and picked up, is 48. The site is located along West Drive, which is classified as a local street.

City of Fairfax 10625 West Drive Special Use Permit SU-15020129

3

City Code requires one drop-off space per every five children, and one parking space per each employee. Three drop-off spaces and one employee parking space are required for 12 children. The applicant does not propose any employees, other than family living in the residence. There is parking available in the concrete driveway area (two spaces) in front of the garage and asphalt paved area (one space) in the front yard, all of which can accommodate up to three vehicles. Additionally, there are two garage spaces, which are required to be maintained as parking in order to satisfy the two-space residential requirement. Access to the asphalt paved area is achieved by a curb cut off West Drive. The other spaces including the garage spaces are accessed through a 20-foot outlot drive/alley shared by the subject property and two adjacent properties to the west and southwest. On-street parking is available on West Drive. Staff has provided a condition that would prohibit drop-off and pick-up from occurring on the 20-foot outlot drive. Staff believes that the trip generation and parking associated with this request are in harmony with the general purpose and intent of the Zoning Ordinance. Further, with one of the development conditions imposed, safety conflicts are less likely to occur as a result of vehicles dropping off and picking up children.

SUMMARY OF ZONING DISTRICTS AND OVERLAYS ZONING DISTRICTS

: Each property in the City belongs to one of the following zoning districts, which spells out permitted uses and types of development for all parcels within each district, as summarized below:

R-1, R-2 & R-3 RESIDENTIAL DISTRICTS: Permits single-family detached housing and select types of supportive, complementary uses that create quiet and comfortable neighborhoods. Development must be consistent with the character of a residential neighborhood and fit within certain parameters, including:

● R-1

●

: 20,000 minimum lot size and 50’ setback from the street;

R-2

●

: 12,500 minimum lot size and 35’ setback from the street;

R-3

RT & RT-6 TOWNHOUSE DISTRICTS: Provides for townhouse developments with private outdoor yards and community open spaces.

: 9,500 minimum lot size and 25’ setback from the street.

● RT: Limited to 9 townhouses per acre; ● RT-6

RM MULTIFAMILY DISTRICT: Provides areas for low-rise multifamily complexes or single-family townhouses. Buildings may be no taller than 3 stories or 35’. Permitted uses include multifamily units, townhouses, duplexes, retirement homes and select directly related, complementary uses.

: Limited to 6 townhouses per acre.

PD, RPD & CPD PLANNED DEVELOPMENT DISTRICTS: Permits the creation of developments that preserve land resources through methods that are not possible in other zoning districts. Planned Developments are intended to result in compact development with integrated uses and are designed to achieve quality neighborhoods while allowing reduced setbacks and higher densities compatible with nearby uses.

● PD

●

: Intended to have fully integrated mixture of uses;

RPD

●

: Intended for mixed-use dominated by Residential;

CPD

C-1L LIMITED OFFICE DISTRICT: Serves as a transition district between nearby residential uses and high-intensity commercial uses by providing for low-intensity, townhouse-style office buildings limited to 3 stories or 35’ and may not exceed 17,500 sq. ft.

: Intended for mixed-use dominated by Commercial.

C-1 OFFICE COMMERCIAL DISTRICT: Provides for a office and related uses, but not retail or lodging. Can serve as a buffer between residential and commercial areas, but permits a higher intensity than C-1L. Buildings may be up to 5 stories or 60’.

C-2 RETAIL COMMERCIAL DISTRICT: Permits a wide variety of commercial uses, including office, retail, restaurant, lodging, entertainment. Most general retail or office uses are permitted by right, and many additional uses are permitted through SUP. Buildings may be up to 5 stories or 60’ tall.

C-3 GENERAL COMMERCIAL DISTRICT: Includes most uses permitted in the C-2 district, plus gas stations, car repair, car sales (SUP), and adult uses. Buildings may be up to 5 stories or 60’ tall.

I-1 INDUSTRIAL DISTRICT: Provides for certain light industrial uses by-right. Other industrial uses, such as warehouses, contractors, wholesalers, etc., are permitted by SUP.

I-2 INDUSTRIAL DISTRICT: Provides for certain industrial uses by-right, such as warehouses, contractors, etc. Other manufacturing or industrial uses are permitted by SUP.

ZONING OVERLAYS

: Some properties are governed by regulations that exceed that of the underlying zoning district. These “Overlay Districts” are summarized below:

RESOURCE PROTECTION AREA (RPA): Includes land within 100 feet of water bodies that have perennial flow, as well as other natural features such as wetlands and intermittent streams. The RPA seeks to protect these waters from significant degradation due to land disturbances.

RESOURCE MANAGEMENT AREA (RMA): Includes all land in the City that is not part of an RPA. Land disturbances in the RMA can have cause water quality degradation and diminish the functionality of RPA lands. Together, the RMA and RPA form the Chesapeake Bay Preservation Area, which encompasses all of the City.

100-YEAR FLOODPLAIN: Includes land subject to inundation by the “100-year flood” as on FEMA flood maps (a flood that has a 1% chance of occurring each year).

HIGHWAY CORRIDOR OVERLAY DISTRICT (HCOD): Modifies land use regulations to reduce traffic congestion and to facilitate well-conceived, coordinated development along the 50/29 Corridor. All uses estimated to generate an average daily traffic volume over 700 trips is subject to an SUP, as are commercial or industrial uses seeking access from residential streets.

HISTORIC OVERLAY DISTRICTS: Provide additional protection to areas of historic interest in the City in order to ensure that development or building modifications do not alter or diminish the historic quality of the district:

● OLD TOWN FAIRFAX HISTORIC DISTRICT

●

: An overlay district that seeks to preserve the character of Old Town by protecting significant structures and guarding against new uses that may be incompatible with Old Town’s existing traditional character.

BLENHEIM HISTORIC DISTRICT

●

: Includes the property at Historic Blenheim; the district preserves Blenheim mansion and controls uses and structures built on the property.

FAIRFAX PUBLIC SCHOOL HISTORIC DISTRICT

OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT (TOD): Established to encourage a compatible mixture of residential, retail and office uses in areas close to the Old Town Fairfax Historic District. New development must complement the scale and design of the Historic District.

: Includes the property containing the Fairfax Museum & Visitor Center; the district controls uses and structures built on the property.

ARCHITECTURAL CONTROL OVERLAY DISTRICT: Includes all land in the city which is located outside of an historic district and zoned and used for anything other than a single-family detached residence. This district seeks to encourage the construction of attractive buildings by requiring Board of Architectural Review (BAR) approval for all exterior architectural features, as well as certain signage and landscaping.

6. MOTIONS: ATTACHMENTS: [If City Council agrees with the staff recommendation, then Motion 6A is appropriate]

6A. Motion to approve Special Use Permit 6B. Motion to deny Special Use Permit

SPECIAL USE PERMIT MOTION 6A Home Child Care Facility

FOR APPROVAL OF HOME CHILD CARE FACILITY (Recommended by Staff)

I MOVE THAT THE CITY COUNCIL APPROVE THE REQUEST OF NURIA IBRAHIM,

OWNER, FOR A SPECIAL USE PERMIT TO ALLOW A HOME CHILD CARE FACILITY

WITH UP TO 12 CHILDREN IN THE R-3 RESIDENTIAL DISTRICT ON THE PREMISES

KNOWN AS 10625 WEST DRIVE, AND MORE PARTICULARLY DESCRIBED AS TAX

MAP PARCEL 57-3-02-018 SUBJECT TO THE FOLLOWING CONDITIONS:

1. The applicant may care for a maximum of twelve (12) children; 2. The garage shall be maintained for parking of two automobiles for the residential use; 3. There shall be no drop-off or parking permitted on the 20-foot outlot road/alley. 4. There shall be no modifications to the exterior of the building or site that detract from the

residential character of the site; 5. All required licenses shall be obtained prior to start of business and maintained at all times;

and 6. The Special Use Permit shall be valid only for the applicant, shall not be transferrable to any

other person, and shall expire after 4 years. The applicant may apply for renewal prior to the expiration of the SUP.

SPECIAL USE PERMIT MOTION 6B Home Child Care Facility

FOR DENIAL OF HOME CHILD CARE FACILITY

I MOVE THAT THE CITY COUNCIL DENY THE REQUEST OF NURIA IBRAHIM,

OWNER, FOR A SPECIAL USE PERMIT FOR A HOME CHILD CARE FACILITY WITH UP

TO 10 CHILDREN IN THE R-3 RESIDENTIAL DISTRICT ON THE PREMISES KNOWN

AS 10625 WEST DRIVE, AND MORE PARTICULARLY DESCRIBED AS TAX MAP

PARCEL 57-3-02-018.

(Reasons to be provided by City Council)