ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of January 26, 2019

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1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of January 26, 2019 DATE: January 17, 2019 SUBJECT: U USE PERMIT REVIEW for group living/dormitory (Convent for the Sisters, Servants of the Immaculate Heart of Mary); located at 2844 N. Rochester St. (RPC# ). Applicant: Most Reverent Michael F. Burbidge, Bishop of the Catholic Diocese of Arlington, Virginia C.M. RECOMMENDATION: Renew the subject use permit subject to all previously approved conditions and one (1) new condition, with a County Board review in three (3) months (April 2019). ISSUES: This is a one (1) year review of a use permit for a convent; it was discovered during the review that the use has commenced, but the applicant has not obtained a certificate of occupancy (CO) for the use. SUMMARY: This is a one (1) year review of a use permit for a convent for the Sisters of the Immaculate Heart of Mary convent (IHM Sisters), located in a single-family dwelling at 2844 N. Rochester St. A Certificate of Occupancy has not been obtained for the group living use despite the use having been commenced. Staff is recommending a short renewal period of three (3) months to allow the applicant to come into compliance by obtaining a Certificate of Occupancy. Staff is also recommending one (1) new condition which would require that the use permit is applicable only to the IHM Sisters convent, and that any change of tenancy to a different group living/dormitory use would require review by the County Board. There will be no undue adverse impacts as a result of the renewal of the use. BACKGROUND: The County Board approved the use permit for a group living use/dormitory for the IHM Sisters on January 27, The IHM Sisters are faculty at Bishop O Connell High School, which is within walking distance of the subject site. County Manager: ##### County Attorney: ***** Staff: Matthew W. Pfeiffer, DCPHD, Planning Division 14.

2 Figure 1: Aerial Image: Convent for the Sisters of the Immaculate Heart of Mary 2844 N. Rochester St. Source: Pictometry 2018 Existing Conditions: Source: CPHD Staff 2018 U , IHM Sisters Convent - 2 -

3 DISCUSSION: The following details the existing use and staff assessment of the use during the review period: REVIEWED USE: Type of Use: Group Living Convent for up to seven (7) sisters in an existing 5-bedroom single-family residence. The Arlington County Zoning Ordinance (ACZO) B specifies that tenancy is typically arranged on a monthly or longer basis for group living arrangements. The residence is a permanent home for the IHM sisters, with options for long-term residency for visiting sisters from other religious orders who are working in the area. Parking: There is a 2-car garage plus space in the driveway for an additional two (2) cars. Parking on the street is unrestricted. Additionally, the residence is located approximately 0.3 miles from Bishop O Connell High School with sidewalks for those who wish to walk to work. ASSESSMENT: Zoning Enforcement: Inspection Services (ISD): CPHD, Planning: Zoning conducted a site visit and confirmed that the applicant is operating without a Certificate of Occupancy. No other violations of use permit conditions have been identified. The Certificate of Occupancy has not been issued as of the date of this report, and so a final capacity number has not been confirmed. Staff is recommending a short renewal to allow the applicant to come into compliance by obtaining a Certificate of Occupancy for the use of the subject space. A short renewal of the use will not: a) adversely affect the health or safety of persons residing or working in the neighborhood; b) be detrimental to the public welfare or injurious to property or improvements in the neighborhood; and c) is not in conflict with the master plans of the County. PUBLIC ENGAGEMENT: Level of Engagement: U , IHM Sisters Convent - 3 -

4 Communicate. This level of engagement is appropriate because continued implementation and operation of the approved use is not anticipated to adversely impact the neighborhood. Outreach Methods: Public notice was given in accordance with the Code of Virginia Notices of the County Board hearing on the use permit were placed in the January 1, 2019, and January 8, 2019, issues of the Washington Times for the January 26, 2019, County Board Meeting. In addition to the above legal requirements: Individual letters outlining the project description and public hearing details were mailed to surrounding property owners of the subject property. Placards were placed in various locations surrounding the subject property within seven (7) days of the public hearing. Civic associations were informed of the application via communication. The subject property is located within the Williamsburg Civic Association. Community Feedback: Williamsburg Civic Association: Staff contacted the president of the Williamsburg Civic Association for comment, but has not received a response as of the date of this report. Staff did receive correspondence from an immediate neighbor who expressed concern that the use permit for group living/dormitory could be transferred to another occupant upon sale/leasing of the property to another user that could operate under the use permit without further review by the County Board. The group living use is fairly broad as defined by ACZO Sec B and can include assisted living, dormitories, fraternity/sorority houses, group homes, boarding houses, and nursing homes, among others. If the current owners of the house were to sell the property to another user that agreed to abide by the current approved conditions, there is a possibility that another of the uses that falls within the group living category could occupy the premises. As a result, staff is recommending a new condition that would limit the use permit to the current convent use; any other use of the premises for group living would require a review by the County Board. CONCLUSION: The applicant has not obtained a Certificate of Occupancy for the subject use despite the use having been commenced. Staff is recommending a short renewal to allow time for the applicant to come into compliance. In addition, due to concerns expressed by a neighbor, staff is recommending one (1) new condition to require that any change of ownership or tenancy U , IHM Sisters Convent - 4 -

5 from the IHM Sisters to another user would require a review by the County Board. Therefore, staff is recommending renewal of the subject use permit, subject to all previously approved conditions and one (1) new condition, with a County Board review in three (3) months (April 2019). New Condition #7: 7. The applicant agrees that the use permit for group living for the Convent of the Sisters/Servants of the Immaculate Heart of Mary must be reviewed by the County Board upon any change of tenancy from the convent or monastery to another user consistent with the group living use as defined in ACZO Sec B. U , IHM Sisters Convent - 5 -

6 Approved Conditions: 1) The applicant agrees that the dwelling shall meet the requirements of the Code Enforcement Office, the Community Health Protection Bureau, and the Fire Marshal s Office, including securing an assembly permit, if necessary. 2) The applicant agrees to identify a person who shall serve as liaison between the subject use and the neighborhood. The name and telephone number of the liaison shall be shared with the Zoning Administrator, the Williamsburg Civic Association, and any interested residents who request the information, prior to the issuance of the Certificate of Occupancy for a convent use. 3) The applicant agrees to comply with all state and local laws and regulations not expressly modified by the County Board s action in the use permit and shall obtain all necessary permits for any work on or improvements to this property. 4) The applicant agrees to limit the residential occupancy of the convent to seven (7) persons at any given time. Residents may host overnight guests on a temporary basis. 5) The applicant agrees to limit the number of vehicles on site to no more than four (4) at any given time, excluding vehicles belonging to temporary guests. 6) The applicant agrees that the property, including all physical structures and landscaping, shall be maintained in good condition. U , IHM Sisters Convent - 6 -

7 PREVIOUS COUNTY BOARD ACTIONS: January 27, 2018 Approved a use permit for a group living residence for a convent for the Sisters of the Immaculate Heart of Mary, subject to the conditions of the staff report and a County Board review in one (1) year (January 2019) U , IHM Sisters Convent - 7 -

8 N TACOMA ST R-10 WILLIAMSBURG BLVD TH ST N N ROCHESTER ST R TH ST N N TACOMA ST LITTLE FALLS RD R U N Rochester St RPC # Scale: ICase Location(s) 1:1,200 Note: These maps are for property location assistance only. They may not represent the latest survey and other information. Department of Community Planning, Housing and Development County Use Only Date Placard Posted By Removed