ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of November 16, 2004 DATE: November 1, 2004 SUBJECTS: A. U USE PERMIT for a residence for twelve (12) unrelated individuals; premises known as th Street North. (RPC # ) Applicants: A. Wilberforce Foundation, Inc. B. Fellowship Foundation, Inc. By: A. George Madison, Associate 2930 North Dinwiddie Street Arlington, Virginia B. Richard E. Carver, President 4800 Hampton Lane, 9th Floor Bethesda, Maryland C.M. RECOMMENDATION: County Manager: County Attorney: B. U USE PERMIT for a residence for twelve (12) unrelated individuals; premises known as th Street North. (RPC # Approve, subject to the conditions of the staff report with a review in one (1) year (November 2005). ISSUES: The dormitories have been operating without the required special exception use permit approvals. SUMMARY: The two (2) subject use permits are for dormitory uses, one for a maximum of 12 men and a dormitory for a maximum of 12 women in each of the subject houses located at 2224 and th Street North. The uses have operated at these locations since It has been determined that both uses require special exception use permit approval. Through these use permit requests the applicants are complying with this requirement. The applicants have agreed Staff: Marcia A. Smith, DCPHD, Planning Division

2 to conditions of use permit approval to mitigate impacts in the area. Therefore, it is recommended that the use permits be approved subject to the conditions of use permit approval, and with a review in one (1) year (November 2005). BACKGROUND: The Wilberforce Foundation, Inc. and the Fellowship Foundation, Inc., applicants and owners of the subject properties have operated the subject dormitories at these locations since In response to complaints a determination was made and the applicants were informed of the requirement for special exception use permits on both properties. Upon being informed of the County s Zoning Ordinance requirement to secure special exception use permits for each of the uses, the applicants submitted the subject use permit requests for County Board approval. Site: The site of the men s dormitory is located at th Street North. The site is an 11,878 square foot lot developed with a two story single-family house which includes a basement level. Located on the south side of 24th Street North the property contains a semicircular driveway. The property is generally surrounded by similar single-family residential uses. Adjacent to the site on the north side of 24th Street North is the historic Fort C. F. Smith. Located in the same general area, the women s dormitory is located at th Street North. The site, contains 17,058 square feet and is developed with a 2 ½ story single-family house. The house is located adjacent to the Cedars, a large facility that is owned by the Fellowship Foundation and used for a variety of functions related to the ministry of the Fellowship Foundation. This dormitory like the associated men s dormitory is generally surrounded by similar single-family residential uses. Zoning: The sites are zoned R-10, One-Family Dwelling Districts. Land Use: The sites are designated on the General Land Use Plan as Low Residential (1-10 units per acre). Neighborhood: Woodmont Civic Association. The occupants of the subject men s dormitory and the associated women s dormitory serve and assist with activities scheduled at the Cedars facility. In 1976 the Cedars facility was determined to be a place of worship. Recent concerns have been raised regarding the current operation of the Cedars facility as to whether it continues to operate as determined in The Fellowship Foundation was requested to provide a list of the activities held at The Cedars in recent months. The information provided showed that the operation of The Cedars has remained consistent with the original determination by the Zoning Administrator in 1976 that The Cedars is a place of worship, a use permitted by-right on the property. This was confirmed by the Zoning Administrator again in The applicant states the occupants of the men s and women s dormitories must meet minimum criteria prior to being accepted in the house. The criteria includes being in good physical, mental, social and emotional health, desire to live in a fraternal setting, desire to grow in spiritual life and that the ages of participants ranges from 18 and older, U & U

3 typically in their 20 s. (See attached Criteria for Living at Ivanwald and Criteria for Living at Potomac Point.) Ivanwald (Men s Dormitory): The dormitory, a two-story house with an attic, contains a kitchen, a living room, a dining room, a sitting room, a library, a master bedroom and bath, a sitting room and an office on the first floor. The second level contains three (3) bedrooms and two (2) bathrooms. The attic contains a playroom. The basement contains a laundry room, storage spaces, a bathroom and two (2) small office spaces. Potomac Point (Women s Dormitory): The two and a half story single-family house contains a kitchen with a breakfast nook, a living room, a dining room, a sitting room, two (2) bedrooms and three (2) bathrooms on the main first floor level of the house. The second level contains three (3) bedrooms and three (3) bathrooms. The basement contains three (3) bedrooms, three (3) bathrooms, a kitchen, a family room, a sitting room and a utility room. The applicant has been informed that the kitchen in the basement is required to be removed (Condition #7), and has agreed to this condition. DISCUSSION: The Wilberforce Foundation, Inc. and the Fellowship Foundation, Inc. state that they are nonprofit, tax exempt public charities under 501 (c) (3) of the Internal Revenue Code. Both organizations state that they continue to be organized and operated exclusively for religious and charitable purposes. The subject requests meet the definition of dormitory as defined in the Arlington County Zoning Ordinance. The Ordinance defines a dormitory as a residence for groups who are associated with an organization such as a school or a university, a religious order, a health care program or a nonprofit, charitable, benevolent, or governmental agency providing shelter for needy persons who are objects of the agency s charitable, benevolent, or governmental activity, which institution customarily provides housing quarters with a single kitchen and living area for the group and may include groups residing with one (1) or more resident counselor(s) or other staff person(s). Said residence shall not be operated for commercial gain. The subject use permit requests for the Men s and the Women s dormitories have been submitted to bring both to the uses into compliance with the County s Zoning Ordinance. Use permits may be issued for such uses provided that the County Board shall find that after a duly advertised hearing, the use will not: (1) affect adversely the health and safety of persons residing or working in the neighborhood of the proposed use; (2) be detrimental to the public welfare or injurious to property or improvements in the neighborhood; (3) be in conflict with the purposes of the master plans of the County. In granting any use permit the County Board shall designate such conditions in connection therewith as will, in its opinion, assure that the use will conform to the foregoing requirements and that such use will continue to do so. Staff has received positive and negative input from residents in the area. Those opposed to the uses have raised issues regarding parking, traffic congestion, speeding, and traffic and have expressed a general distrust of information submitted by the applicants. To address the vehicle related concerns the applicants have agreed to limit the number of vehicles for each dormitory to three (3) each. To ensure that appropriate participants are accepted in the home, the applicants have submitted criteria for persons living in the dormitories and have stated that participants in U & U

4 the program are recommended by persons who become their sponsors while residing in the dormitories. The candidates for acceptance into the dormitories are put through extensive interviews along with the parents/relatives and the recommending sponsor. To further ensure that appropriate persons are accepted into the dormitories, the applicants have agreed to a condition to perform background checks on all prospective candidates prior to acceptance into the dormitories. The applicants state that currently each dormitory has two (2) senior leaders, referred to as associates, who oversee the activity of the dormitories and provide direction and leadership for the residents. With the exception of the associates, a typical length of stay by residents other than the house leaders ranges from six (6) months to one (1) year. CONCLUSION: The uses have operated at the subject locations since 1978 with minimal complaints. The applicants have agreed to conditions of use permit approval to minimize impacts in the neighborhood. Staff concludes that with the agreed upon conditions, these uses should not adversely impact the area. Therefore, it is recommended that the use permits be approved subject to the following conditions (one set for each use permit) with a review in one (1) year (November 2005). Conditions for Ivanwald ( th Street North): 1. The dwelling shall meet the requirements of the Community Code Enforcement Office, the Environmental Health Bureau, and the Fire Department, including securing the required assembly permit as specified by the Fire Marshal s Office. 2. The applicant agrees to facilitate the establishment of a neighborhood advisory committee to address neighborhood issues and concerns pertaining to the dormitory use. The committee shall include representatives of the community and the Woodmont Civic Association. The applicants agree to submit, to the County Manager or his designee, documentation of efforts made to establish the neighborhood advisory committee within three (3) months of the County Board approval of the use permit (February 2005). 3. The applicant agrees to identify a person who shall be a resident and who shall serve as liaison between the subject use and the neighborhood. The resident liaison shall be empowered to address any concerns identified as emanating from the dormitory. The name and telephone number of the resident liaison shall be shared with the Zoning Administrator, the nearby residents, the Woodmont Civic Association, and any interested residents who request the information, prior to the issuance of the Certificate of Occupancy for a dormitory use. 4. The applicant agrees to comply with all state and local laws and regulations not expressly modified by the County Board s action in this use permit and shall obtain all necessary permits for any work on or improvements to this property. 5. The applicant agrees to limit the residential occupancy of the dormitory (Ivanwald) to 12 persons, including staff, at any given time. U & U

5 6. The applicant agrees to limit the number of vehicles on the site to no more than three (3) at any given time. That applicant further agrees that only three (3) occupants shall be permitted to bring vehicles and that none of the other nine (9) remaining occupants of the dormitory shall bring vehicles and park them on-site or off-site. 7. The applicant agrees to perform background checks on all prospective candidates for acceptance into the dormitory, prior to the person's residence in the dormitory. The applicant agrees to provide the Police Department with a copy of the document to be used for the background check and to obtain the approval of the Police Department before issuance of a Certificate of Occupancy for the dormitory use. The applicant further agrees to maintain a copy of all documents generated or otherwise related to the background checks, including, by way of illustration and not limitation, the results of such checks, for a period of two years after any resident has left the dormitory, and to make those documents available to the Zoning Administrator upon two business days' notice, in order to verify compliance with this condition. The details of any information provided to the Zoning Administrator can not be shared with any other person without the prior approval of the Fellowship Foundation. Conditions for Potomac Point ( th Street North): 1. The dwelling shall meet the requirements of the Community Code Enforcement Office, the Environmental Health Bureau, and the Fire Department, including securing the required assembly permit as specified by the Fire Marshal s Office. 2. The applicant agrees to facilitate the establishment of a neighborhood advisory committee to address neighborhood issues and concerns pertaining to the dormitory use. The committee shall include representatives of the community and the Woodmont Civic Association. The applicants agree to submit to the County Manager or his designee, documentation of efforts made to establish the neighborhood advisory committee within three (3) months of the County Board approval of the use permit (February 2005). 3. The applicant agrees to identify a person who shall be a resident and who shall serve as liaison between the subject uses and the neighborhood. The resident liaison shall be empowered to address any concerns identified as emanating from the dormitories. The name and telephone number of the resident liaison shall be shared with the Zoning Administrator, the nearby residents, the Woodmont Civic Association, and any interested residents who request the information, prior to the issuance of the Certificate of Occupancy for a dormitory use. 4. The applicant agrees to comply with all state and local laws and regulations not expressly modified by the County Board s action in this use permit and shall obtain all necessary permits for any work on or improvements to this property. U & U

6 5. The applicant agrees to limit the residential occupancy of the dormitory (Potomac Point) to 12 persons, including staff, at any given time. 6. The applicant agrees to limit the number of vehicles on the site to no more than three (3) at any given time. That applicant further agrees that only three (3) occupants shall be permitted to bring vehicles and that none of the other nine (9) remaining occupants of the dormitory shall bring vehicles and park them on-site or off-site. 7. The applicant agrees to remove the kitchen located in the basement of the women s dormitory located at th Street North prior to the issuance of a Certificate of Occupancy. 8. The applicant agrees to perform background checks on all prospective candidates for acceptance into the dormitory, prior to the person's residence in the dormitory. The applicant agrees to provide the Police Department with a copy of the document to be used for the background check and to obtain the approval of the Police Department before issuance of a Certificate of Occupancy for the dormitory use. The applicant further agrees to maintain a copy of all documents generated or otherwise related to the background checks, including, by way of illustration and not limitation, the results of such checks, for a period of two years after any resident has left the dormitory, and to make those documents available to the Zoning Administrator upon two business days' notice, in order to verify compliance with this condition. The details of any information provided to the Zoning Administrator can not be shared with any other person without the prior approval of the Fellowship Foundation. U & U

7 PREVIOUS COUNTY BOARD ACTIONS: There have been no previous County Board actions on either of the subject sites. U & U