City Council Meeting

Clara SchweigerstaffUniversity Drive. The applicant is requesting a special exception to modify the non-residential district's dimensional standards table to increase the maximum density to allow up to 28 dwelling units per acre in the CR commercial retail zoning district. The subject site is located at the corner of University Drive and Sager Avenue. The site is zoned CR commercial retail in the Old Town Fairfax historic Overly district. Here are some photos of the site. The site's future land use designation is Activity Center, and the site is located in the Old Town Fairfax Activity Center. So I want to give you all some background on this application. On December 10, 2024, the City Council approved with conditions a special use permit to allow upper story residential and mixed uses in the CR Commercial Retail District and Old Town Fairfax Historic Overlay District.

The original application was for 15 upper story residential units and 6,576 square feet of ground floor office space. The ground floor office space was proposed to be the headquarters of Pathway Homes, the applicant. In the CR zoning district, density is limited to a maximum of 20 dwelling units per acre, so this site is limited to 10 dwelling units based on the size of the lot. one of the conditions of approval for the special use permit was that the maximum total number of dwelling units shall be no more than 10 in accordance with the maximum density allowed by the zoning ordinance unless and until the applicant files a special exception to be reviewed by the city council to increase the total number of units in density and so the applicant has

Lauren HerbenakapplicantGood evening. I'm Lauren Herbenak. I'm an urban planner with Curata Partners, and I'm pleased to be here before you all discuss this important project for the city and pathway homes. Claire did a great job overviewing the project and the special exception request so I'm not going to dive back in too deep into the details. I just have a few key facts that I wanted to revisit for your consideration tonight. This application is consistent with the Old Town Fairfax small area plan which calls for an increase of residential density and office space within the downtown area. Our prior special use permit request was just approved in December and permitted the redevelopment of an existing office building with a mix of both residential and exit in office

space this existing building will remain and is being repurposed for this use as Claire noted it was always the applicants intention of having 15 units at this site however we did learn late in the special use permitting process that we would need to file for a special exception request which is why we are here tonight to ask for that additional five units in addition to meeting the small area plan goals this application is also consistent with the city's housing goals by providing residents who make no more than 30 percent or below the AMI for all 15 units an elevator will also be installed on the property within the building to service the upper story residences in order to provide full access full accessibility to those who live and want to age in place within

Shinaberryclerkcouncilmember Peterson councilmember Bates aye council member McQuillan aye motion passed unanimously we will go on to the second public hearing item which is a public hearing and council action on a request from Living Spring Church LLC applicant by Katherine Taylor attorney in fact for a special use permit for a religious institution in parents Living Spring Church and the CEO commercial office district with proffers and architectural control overlay district and parents a COD on known as 10015 Main Street and more particularly described as tax map parcel 57-4-02-151. I'll recognize Jason Sutton first, do the introduction here for Savannah.

Jason SuttonstaffI'm sorry for always making you have to read such long language there. I'd like to introduce Savannah Newbern with the Berkeley Group. She is assisting us with special use permit review and also the accessory dwelling unit zoning ordinance amendment process You'll see her quite a bit in the future. Thank you

Savannah NewbernstaffGood evening council and mayor Reed. Thank you for your time in reviewing this special use permit The applicant is Living Spring Church. I want to draw your attention to one correction from the staff report It is incorrectly labeled that the applicant is Living Spring Church LLC. They are Living Spring Church Incorporated The owner of the parcel is Printing United Alliance and the subject property is at 10015 Main Street. And tonight we're hearing about their request for a special use permit to establish a new religious institution at this subject property.

institutions are required by the ordinance to obtain a special use permit in every zoning district in which they are allowed. CL, IL, and IH, mostly industrial districts. And there are no specific use standards for religious institutions. Here is an overview of the subject property on Main Street as well as the zoning district. You can see it's zoned commercial office. And it's a spot zoning that was rezoned around the time when the building was constructed Subject property is improved with an approximately 20,000 square foot office building, one story, and the applicant proposes to convert the existing building with no exterior modifications to become the facility for a new religious institution.

Kathryn Taylorapplicantcontract purchaser of the site. They do propose to convert that existing building into a religious institution within the city limits. To do so does require a special use permit. So by way of brief background, Living Spring Church has been serving the Fairfax community for the past 40 years. They currently lease a space off of Ox Road. So the purchase of this location would allow them to have a permanent place of worship for its congregation and does provide sufficient space for reasonable future growth. Currently, they have two main services, a 9 a.m. and 11 a.m. on Sundays. They also do offer limited weekday evening programs as well as early Saturday programs that are attended by a much smaller group, a much smaller number of parishioners.

I can let staff speak more to that my understanding is while those do run with the land the special use permit with only essentially be with the permit holder so it wouldn't affect what was previously approved on this site specifically but we

Savannah Newbernstaffagree with the applicant that the existing proffers from that dated land use approval do not have any impact on this proposed special use permit and just to clarify that was specifically for an expanded office use with increased parking whereas

Stacy Hallthis use meets the parking ordinance thank you and then just one other question the no preschool or daycare components is that right now or there's no expectation at all in the future and it is not something that is allowed without another special use permit that's correct it would not be included in this approval okay it could be at a later date with another special use permit if that was something I should make sure I understand

Savannah NewbernstaffI can't speak to if it would be permissible in this zoning district with a future or special use permit at this time but okay

Kathryn Taylorapplicantso there are no plans for any future daycare or preschool components however if they should decide down the road ten years down the road they want to do that we would have to come back to City Council and work with staff during you review process, it would be an amendment to the special use permit, and if there are any additional special exception, whatever applications, we would essentially work with staff and go through this whole process and bring it before you all, the community again. Thank

Stacey Hardy-Chandlermove that the City Council approve the request from Living Spring Church incorporated applicant for the special use permit pursuant to city code section 110-3.3.1b to allow a religious institution in the co commercial office district on the premises known as 10015 main street and more particularly described as tax map parcel 57-4-02-151 with the following conditions one the proposed use shall be consistent with the application and statement of justification received with the application the city shall have the right to inspect the building at any time three the special use permit shall be non transferable for the applicant shall obtain all necessary local state and or federal permits prior to any