Joint Board Matter with Supervisor McKay
September 22, 2015
Congregate Care Zoning Ordinance

Madame Chairman:

Braddock District recently received an application for a Special Exception to allow the use of a single family dwelling to house up to 8 high school students (age 14-19) from abroad who “travel to Fairfax County to obtain an American education.” According to the applicant’s Statement of Justification in support of the request, “students residing at this proposed Facility are some of many foreign exchange students placed in private schools in this area by HomeITech, Inc.” The application has been accepted by DPZ staff for processing as a Congregate Living Facility.

I am concerned that allowing this application to proceed with this designation may be a distortion of the Board’s intent in creating this form of housing under the Zoning Ordinance.

History

In 2003, the Board of Supervisors amended its Zoning Ordinance to replace an earlier category of use called “Housing for the Orphans, Indigent and the Like,” with an Amendment called Housing for the Elderly and Other Related Provisions.  It was primarily considered to be a name change to remove the negative connotation that was associated with the previous name, and to provide a definition that clarified the new use. 

Article 20 Section 300 of the Zoning Ordinance defines a Congregate Living Facility as follows:

CONGREGATE LIVING FACILITY: A facility which provides housing and general care on a permanent or temporary basis including the provision of supportive services, such as special care, treatment and training, in a supervised setting with on-site counselors and/or other staff. This term shall not include a group housekeeping unit, GROUP RESIDENTIAL FACILITY or ASSISTED LIVING FACILITY.

Congregate Living Facilities are included as Quasi Public Uses in the Zoning Ordinance.  A Quasi Public Use is defined as “Any use which is essentially public, as in services rendered, although it is under private ownership or control.”

 

Current Application

Based on information provided by the applicant in its Statement of Justification and its presentation to the Braddock District Land Use and Environment Committee

1.       This application is to allow a for-profit home business to operate in a residential community. There is a van that transports the students to and from school and extracurricular activities. There are several tutors who might be expected each night and a cook who comes in to provide the evening meal. There is a resident housekeeper who assists with preparing cold breakfasts and lunches. Mr. Xie, his wife and infant reside in the 7 bedroom home.
2.       The Zoning Administrator has determined that the Congregate Living Facility use was the appropriate designation for the application because the students receive “services” including transportation, meal preparation and tutoring. 
3.       These unaccompanied minor children enter the country under an F1 Student Visa from the State Department; functioning during the school year without any outside oversight.  Indeed, the use of this property on Taylor Drive was originally brought to the attention by the Department of Code Compliance investigating potential code violations.   

I believe that this case will set a precedent for future similar applications in the county. 

Therefore, Madame Chairman, I ask without objection that

• The Zoning Administrator to report back to the BOS on the original intent of Congregate Care provision in the Zoning Ordinance;
• That the Zoning Administrator confirm that food, transportation and tutoring actually constitute “services” as intended in the definition of Quasi Public Services;
• That the Zoning Evaluation Division report back on how many congregate care facilities or similar uses have been approved  in Fairfax County and the nature of those facilities;
• That the Deputy County Executive for Human Services report back on what protections should be in place for unaccompanied minor children residing temporarily in the county for educational purposes.
• That the County Attorney report back on the legal status of these children; including what would happen should any of them require medical attention or develop mental health issues or whether they would be considered foreign nationals if accused of a crime.
• That the Zoning Administrator make recommendations to the Board regarding whether the Zoning Ordinance ought to be amended to exclude this type of use, and
• That staff recommend to the Legislative Committee any changes to state code that may be appropriate given this situation.