APPLICATION ACCEPTED: December 18, 2019 BOARD OF ZONING APPEALS: March 11, 2020 @ 9:00 a.m.

County of Fairfax, Virginia

March 4, 2020

STAFF REPORT

SPECIAL PERMIT AMENDMENT SPA 80-A-055-02

MASON DISTRICT

APPLICANT/OWNER: Hope Lutheran Church

STREET ADDRESS: 4604 Ravensworth Road Annandale, VA 22003

TAX MAP REFERENCE: 71-1 ((1)) 57A & 62

LOT SIZE: 2.9 acres

ZONING DISTRICT: R-4

ZONING ORDINANCE PROVISIONS: 8-300

SPECIAL PERMIT PROPOSAL: Amend SP 80-A-055 previously approved for a place of worship and private school of general education to modify development conditions and to permit a change in permittee.

STAFF RECOMMENDATION: Staff recommends approval, subject to the Proposed Development Conditions in Appendix 1.

It should be noted that it is not the intent of staff to recommend that the Board, in adopting any conditions, relieve the applicants/owners from compliance with the provisions of any applicable ordinances, regulations, or adopted standards.

It should be further noted that the content of this report reflects the analysis and recommendations of staff; it does not reflect the position of the Board of Zoning Appeals. A copy of the BZA’s Resolution setting forth the disposition of an application will be mailed within ten days after a final decision is rendered.

Brandon McCadden

Department of Planning and Development Zoning Evaluation Division 12055 Government Center Parkway, Suite 801 Fairfax, Virginia 22035-5509 Phone 703-324-1290 FAX 703-324-3924 www.fairfaxcounty.gov/planning-development/

The approval of this application does not interfere with, abrogate or annul any easements, covenants, or other agreements between parties, as they may apply to the property subject to the application.

For additional information, call Zoning Evaluation Division, Department of Planning and Development at 703-324-1280, 12055 Government Center Parkway, Suite 801, Fairfax, Virginia 22035. Board of Zoning Appeals' meetings are held in the Board Room, Ground Level, Government Center Building, 12000 Government Center Parkway, Fairfax, Virginia 22035-5505.

Americans with Disabilities Act (ADA): Reasonable accommodation is available upon 48 hours advance notice. For additional information on ADA call (703) 324-1334 or TTY 711 (Virginia Relay Center).

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SPA 80-A-055-02 Page 1 of 12

SPECIAL PERMIT AMENDMENT REQUEST

The applicant requests approval to amend SP 80-A-055, previously approved for a place of worship and private school of general education, to modify development conditions and to permit a change in permittee.

A copy of the special permit plat titled, “Hope Lutheran Church, 4604 Ravensworth Road, Annandale, VA”, prepared by CEN Architects, Inc., dated November 22, 1989, and revised by Stanley B. Moore on October 30, 2019, is included at the front of the staff report. A copy of the proposed development conditions, the statement of justification and select photographs, and the affidavit are contained in Appendices 1 through 3, respectively.

CHARACTER OF THE SITE AND SURROUNDING AREA

The subject property consists of two parcels that are zoned R-4 and located south of the intersection of Little River Turnpike and Ravensworth Road in Annandale. Parcel 71-1 ((1)) 57A is developed with a 11,643 square foot place of worship built in 1958 and a 40 space parking lot. Parcel 71-1 ((1)) 62 is developed with a playground and a 27 space parking lot. A storage shed is located adjacent to the southern property line. A second shed that was encroaching into the southern side yard setback has been removed to comply with the development conditions of the previous special permit amendment. The lot previously contained a dwelling that was removed in 1999. There is a single entrance to the property from Ravensworth Road located between the two parcels. Exits from the parking area to Ravensworth Road are located to the north and to the south of the place of worship.

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Figure 1: Site location Source: Pictometry SPA 80-A-055-02 Page 2 of 12

The properties to the north are zoned R-12 and developed with townhouses. The property to the east is zoned R-4 and includes the St. Michael School. The property to the south is zoned R-4 and developed with a single-family dwelling. The two adjoining parcels to the west are zoned R-4 and owned by the applicant, but are not part of this request. These two parcels are developed with a parsonage and a two-story dwelling that houses the Haven of Northern Virginia, a non-profit organization, approved under special exception in 1985.

Direction Use Zoning Plan

North Residential Residential R-12 3-4 du/ac

South Residential Residential R-4 3-4 du/ac

Institutional Public Facilities, East (St. Michael School) R-4 Governmental and Institutional Institutional

West (Haven of Northern Virginia Residential R-4 and Parsonage) 3-4 du/ac

BACKGROUND AND HISTORY

A place of worship has been in operation on the property since 1958, and originally was established by-right.

. March 17, 1973 – Special Permit S-200-73 was approved by the Board of Supervisors for the Hope Montessori School located in Hope Lutheran Church to allow an increase in the maximum daily enrollment to 82 students and to permit the addition of a second grade.

. September 17, 1980 – Special Permit S 80-A-055 was approved by the Board of Zoning Appeals (BZA) for Hope Montessori School and Hope Lutheran Church to amend the previously approved special permit to allow a change in the hours of operation and to bring the church under special permit.

. February 11, 1985 – Special Exception SE 84-A-124 was approved by the Board of Supervisors to use an existing dwelling for a public benefit association that provides emotional support to individuals with serious and terminal illnesses. The use is located on a parcel to the rear of the place of worship and owned by the applicant.

. June 12, 1990 – Special Permit Amendment SPA 80-A-055 was approved by the BZA to increase the size of the place of worship by 3,055 square feet.

. July 31, 2019 – Hope Montessori School ceases operations.

. November 29, 2019 – Hope Lutheran Church files a special permit amendment. SPA 80-A-055-02 Page 3 of 12

DESCRIPTION OF THE REQUEST

The applicant requests approval to continue a child care center and private school of general education within a place of worship. Hope Lutheran Church and Hope Montessori School were listed as co-applicants on SP 80-A-055, approved by the BZA in 1973, that permitted a child care center and private school of general education on the subject property. Hope Montessori School was permitted a maximum daily enrollment of 82 children. However, daily enrollment had decreased to approximately 30-35 children when operations ceased on July 31, 2019. The remaining applicant, Hope Lutheran Church, is requesting to become the sole permittee and to amend the development conditions governing the child care center and private school of general education.

My Baby Steps Academy (MBSA) proposes to lease space in Hope Lutheran Church to operate a child care center and private school of general education. MBSA currently operates as a home child care located at 7324 Beverly Street, Annandale, VA 22003. They possess a Family Day Home License from the state that is valid through November 23, 2021 and a special permit (SP 2014-MA-234) that was approved by the BZA on February 11, 2015 and permits an enrollment of up to 12 children aged 1 month to 12 years, 11 months. MBSA would like to expand their operations to care for more children and offer additional services including early education curriculums.

MBSA proposes to increase the maximum daily enrollment from 82 to 99 children. Enrollment will be significantly lower when operations begin, but they are seeking flexibility to expand over time. The child care center and school would use eight rooms in the place of worship that were previously occupied by Hope Montessori School. The ages of children being cared for would range from 6 weeks to 12 years. Children would be distributed among the various rooms based on age and activity. Meals will be prepared by an outside catering service and stored in a kitchen adjacent to the child care operations before being served.

The applicant also proposes to increase the hours of operation from 7:30 am – 6:00 pm to 6:30 am – 6:30 pm Monday through Friday. Saturday operations are also proposed from 7:00 am – 5:00 pm.

The property originally included two entrances and a single exit. However, subsequent to the previous special permit amendment approval in 1990, the applicant reversed the traffic pattern to create a single entrance and two exits. This change, along with the addition of several no parking zones, resulted in the number of parking spaces decreasing from 84 to 67. The applicant has revised the plat with this application to reflect the change in parking. Despite the request to formally decrease parking by 17 spaces and increase capacity to 99 children, staff continues to find that the 67 spaces will be adequate to meet the demands of both the place of worship and child care center/ school uses.

SPA 80-A-055-02 Page 4 of 12

Proposed Changes to the Development Conditions Existing SPA Approval Proposed Hope Lutheran Church and Permittee Hope Lutheran Church Hope Montessori School Maximum Daily Enrollment 82 99 Hours of Operation Monday – Friday 7:30 am – 6:00 pm 6:30 am – 6:30 pm Saturday None 7:00 am – 5:00 pm Parking Spaces 84 67

Figure 2: Site Conditions Source: Pictometry

Comprehensive Plan Provisions

Plan Area: Area I, Annandale Planning District Planning Sector: Ossian Hall Community Planning Sector (A10) Plan Map: Public Facilities, Governmental and Institutional

SPA 80-A-055-02 Page 5 of 12

ANALYSIS

Transportation Analysis (Appendix 5)

VDOT and FCDOT reviewed the proposal and provided comments about on-site circulation. The subject property includes a single entrance from Ravensworth Road located directly south of the place of worship. Two exits are located along the northern and southern borders of the property. The entrance and exits are all connected to a 67 space parking area to the west and south of the place of worship. As previously stated, the number of parking spaces decreased from 84 to 67 after the applicant modified the on-site circulation pattern and added several no parking zones. The applicant proposes to have parents enter the property, park in the rear parking area, and then use the existing sidewalks to access the entrance to the facility that is located adjacent to the northern drive aisle. Parents of older children will enter the property, drive through the rear parking area, and then drop them off at the entrance to the child care center before exiting the property onto Ravensworth Road. The child care center will be closed on Sundays to minimize parking conflicts when the place of worship offers formal services. An on-site circulation plan provided by the applicant is included as Appendix 6. FCDOT has reviewed and approved the applicant’s proposed on-site circulation plan and has no concerns about the decrease in available parking spaces.

An existing crosswalk connects the location of the proposed child care center to the outdoor playground. Staff was concerned that the crosswalk was not prominent enough since it crosses the main entrance to the property. Staff has proposed a development condition requiring the crosswalk to be repainted annually to prevent conflicts between pedestrians and vehicular traffic.

N

Facility Entrance

Figure 3: Location of ingress and egress points Source: Pictometry SPA 80-A-055-02 Page 6 of 12

Urban Forestry Analysis

The application was reviewed by the Urban Forest Management Division (UFMD). Staff did not have concerns because the proposed modifications will not impact the previously approved landscaping or buffers.

Stormwater Management Analysis

The application was reviewed by the Site Development and Inspections Division (SDID). Staff did not have concerns since no new construction is proposed.

ZONING ORDINANCE PROVISIONS Bulk Requirements (R-4) Standard Required (Non-Residential) Provided Lot Size 8,400 sq. ft. 129,574 sq. ft.

Lot Width 70 feet 390.0 feet

Max. Building 60 ft. 20.0 feet Height Front Yard 35° angle of bulk plane, not less than 25 ft. 89.9 feet

Rear Yard 30° angle of bulk plane, not less than 10 ft. 162.0 feet 17.0 feet (North)* Side Yard 30° angle of bulk plane, not less than 25 ft. 50.0 feet (South) *The place of worship was legally constructed in 1958 and thus, is vested in its present location.

Zoning Ordinance Requirements (Appendix 7) • Sect. 8-006 General Special Permit Standards • Sect. 8-303 Standards for all Group 3 Uses • Sect. 8-308 Additional Standards for Churches, Chapels, Temples, Synagogues or Other Such Places of Worship With a Child Care Center, Nursery School or Private School • Sect. 9-309 Additional Standards for Child Care Centers and Nursery Schools • Sect. 9-310 Additional Standards for Private Schools of General Education and Private School of Special Education

General Special Permit Standards (Sect. 8-006)

General Standard 1 states that the proposed use at the specified location shall be in harmony with the adopted Comprehensive Plan. Staff believes that the proposed amendments to the approved special permit are in conformance with the land use recommendations of the Comprehensive Plan. The Comprehensive Plan shows Public Facilities, Governmental and Institutional uses for this site. A place of worship is a permitted use in residential districts, by special permit, and is generally compatible with the low-density residential character of the area. A SPA 80-A-055-02 Page 7 of 12

place of worship has been in operation in the current location since 1958 and a school/ child care center since 1973.

General Standard 2 states that the proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations. The R-4 district was established to provide for single-family detached dwellings and to allow other selected uses which are compatible with the low to medium density residential character of the district. Staff believes that the place of worship and child care center/private school will remain in harmony with the purpose and intent of the R-4 district with the proposed modifications.

General Standard 3 requires that the proposed use shall be such that it will be harmonious with and will not adversely affect the use or development of neighboring properties in accordance with the applicable zoning district regulations and the adopted comprehensive plan. The location, size and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings or impair the value thereof. Staff believes that the proposed application will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings or impair the value thereof. A child care center and private school of general education with a similar enrollment as that proposed by the applicant operated at the subject property for over 50 years until 2019. Therefore, staff finds that this standard has been met.

General Standard 4 states that the proposed use shall be such that pedestrian and vehicular traffic associated with such use will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood. The subject property includes a single entrance from Ravensworth Road located directly south of the place of worship. Two exits are located along the northern and southern borders of the property and each has “Do Not Enter” signs facing Ravensworth Road. The entrance and exits are all connected to a 67 space parking area to the west and south of the place of worship. The child care center will be closed on Sundays to minimize parking conflicts when the place of worship is offering formal services. Staff has proposed a development condition requiring the crosswalk between the place of worship and outdoor playground to be repainted to prevent conflicts between pedestrians and vehicular traffic. Through the inclusion of development conditions, staff believes this standard is met.

General Standard 5 states that in addition to the standards which may be set forth in this Article for a particular group or use, the BZA shall require landscaping and screening in accordance with the provisions of Article 13. Article 13 of the Zoning Ordinance requires transitional screening and barriers along the northern, southern property boundaries to buffer the place of worship from adjacent residential properties. Staff has proposed a development condition requiring the transitional screening adjacent to residential uses to be maintained. Institutional uses are located to the east and west of the subject property and do not require transitional screening or buffers. Staff believes that the application meets this standard. SPA 80-A-055-02 Page 8 of 12

General Standard 6 requires that open space be provided in an amount equivalent to that specified for the zoning district in which the proposed use is located. There is no prescribed open space requirement for places of worship.

General Standard 7 requires that adequate utility, drainage, parking, loading and other necessary facilities to serve the proposed use shall be provided. Parking requirements are proposed to be in accordance with the provisions of Article 11. The parking requirement for a place of worship is one space for every four seats. The proposed use would require 38 parking spaces for the maximum of 150 seats as permitted by the previously approved special permit. The site has 67 parking spaces, which represents a parking ratio of approximately 1 space for every 2.2 seats. The child care center will be closed on Sundays to minimize parking conflicts during formal church services. Staff believes that adequate on-site parking will be provided. The existing and proposed buildings will be served by public water and sewer.

General Standard 8 requires that signs be regulated by the provisions of Article 12: however, the BZA may impose more strict requirements for a given use than those set forth in this Ordinance. Section 12-208 of the Zoning Ordinance states that places of worship are permitted one freestanding sign not to exceed 40 square feet in area and 8 feet in height. Any existing and future signs will be regulated by the provisions of Article 12 of the Zoning Ordinance.

Standards for all Group 3 Uses (Sect. 8-303)

In addition to the general standards set for in Sect. 006 above, all Group 3 special permit uses shall satisfy the following standards:

Standard 1 states that all uses shall comply with the lot size and bulk regulations of the zoning district in which located. As previously summarized in the bulk requirements table, the application meets this standard, except the northern side yard setback. The place of worship was legally constructed in 1958 and thus, is vested in its present location. A shed that was encroaching into the southern side yard setback has been removed. No exterior construction is proposed with this application.

Standard 2 stipulates that all uses shall comply with the performance standards for the applicable zoning district. The application will be required to conform to Article 14 of the Zoning Ordinance.

Standard 3 specifies that all uses shall be subject to the provisions of Article 17, Site Plans. No exterior construction is proposed with this application.

SPA 80-A-055-02 Page 9 of 12

Additional Standards for Churches, Chapels, Temples, Synagogues or Other Such Places of Worship With a Child Care Center, Nursery School or Private School (Sect. 8-308)

See the analysis below. Staff believes the additional standards for child care centers and private schools of general education have been met.

Additional Standards for Child Care Centers Nursery School (Sects. 9-309)

Standard 1 states that in addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area shall be of such size that 100 square feet of usable outdoor recreation area shall be provided for each child that may use the space at any one time. Such area shall be delineated on a plat submitted at the time the application is filed. Usable outdoor recreation area shall be limited to A. That area not covered by buildings or required off-street parking spaces. B. That area outside the limits of the minimum required front yard, unless specifically approved by the Board in commercial and industrial districts only. C. Only that area which is developable for active outdoor recreation purposes. D. An area which occupies no more than eighty (80) percent of the combined total areas of the required rear and side yards.

As part of this application, outdoor activities will occur in an outdoor playground area (measuring 6,050 sq. ft.). Staff has proposed a development condition limiting the number of children who are permitted to use the play area, at any one time - in conformance with Sect. 9-309 of the Zoning Ordinance. With this development condition, this standard has been met.

Standard 2 states that all such uses shall be located so as to have direct access to an existing or programmed public street of sufficient right-of-way and cross-section width to accommodate pedestrian and vehicular traffic to and from the use as determined by the Director. To assist in making this determination, each applicant, at the time of application, shall provide an estimate of the maximum expected trip generation, the distribution of these trips by mode and time of day, and the expected service area of the facility.

The expected service area is greater Annandale. The applicant states that the expected trip generation rate is 1.5 trips per student based on some parents transporting multiple children and other parents and children using the existing sidewalk network to access the facility. The mode of vehicular transportation is expected to be individual privately- owned vehicles. The distribution of trips will be during 6:30 am - 9:00 am for drop-offs and from 3:30 pm - 6:00 pm for pick-ups. The subject property fronts Ravensworth Road, which is classified as a minor arterial.

In staff’s opinion, the surrounding transportation network is capable of accommodating the pedestrian and vehicular traffic estimated to be generated by the proposed uses. With the adoption of the proposed development conditions, this standard is met.

SPA 80-A-055-02 Page 10 of 12

Standard 3 states that all such uses shall be located so as to permit the pick-up and delivery of all persons on the site.

The applicant has proposed a traffic circulation pattern that will ensure all drop-off and pick-up of individuals on the site. Parents will either drop off children at the entrance to the facility or park in the parking area and use the existing walkway to transport their children to the entrance. The child care center will be closed on Sundays to minimize conflicts when the place of worship offers formal services.

The existing parking area is able to accommodate the proposed pick-up and drop-off without affecting traffic on the surrounding roadways. A development condition has been proposed to ensure this occurs. This standard is met.

Additional Standard for Private Schools of General Education and Private Schools of Special Education (Sect. 9-310)

Standard 1 states that in addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area for a private school of general education shall be of such size that A. 200 square feet of usable outdoor recreation shall be provided for each child in grades K-3 that may use the space at any one time, and B. 430 square feet of usable outdoor recreation area shall be provided for each child in grades 4-12 that may use the space at any one time. Such usable outdoor recreation area shall be delineated on a plat submitted at the time the application is filed.

The applicant’s submitted special permit plat designates 6,050 square feet of outdoor recreation area. The applicant does not state the breakdown of students in each grade. However, the 6,050 sq. ft. outdoor play area could accommodate 30 children (6,050 / 200) in grades K-3 or 14 children (6,050 / 430) in grades 4-12. The applicant proposes to limit the number of students outside at any one time to comply with the above limitations. This is reflected in the proposed development conditions. As noted in the discussion under Standard 1 of Sect. 9-309, above, the proposed outdoor recreation area complies with the locational requirements for usable outdoor recreation area. This standard is met.

Standard 2 states that in addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area of a private school of special education shall be based upon a determination made by the Board; provided, however, that the proposed use conforms with the provisions set forth in Sect. 9-304 above.

Sect. 9-304 is similar to Sec. 8-303 in referring to the bulk and area regulations of the zoning district, the performance standards for uses in Part 9 of Article 14, and the requirements for site plans in Article 17. These standards were reviewed above and the applicant’s request was determined to have met these standards.

SPA 80-A-055-02 Page 11 of 12

Standard 3 states that all private schools shall be subject to the provisions set forth in Par. 2 and 3 of Sect. 309 above. If applicable, such uses shall also be subject to the regulations of Chapter 30 of The Code or Title 63.2, Chapter 17 of the Code of Virginia.

The standards in Par. 2 and 3 of Sect. 9-309 have been met, and a proposed development condition applicable to Chapter 30 of The Code or Title 63.2, Chapter 17 of the Code of Virginia is provided. This standard is met.

WAIVERS AND MODIFICATIONS

As part of the previous special permit amendment, the Board of Zoning Appeals waived the transitional screening and barrier requirements along the northern and southern lot lines in favor of the existing vegetation as shown on the Special Permit Plat.

The applicant is seeking reaffirmation of the waiver of the transitional screening and barrier requirements pursuant to Sect. 13-105, in favor of that shown on the SPA Plat. The site has mostly mature vegetation surrounding the property, which will not be disturbed.

With an added condition that requires the applicant to replace any missing, dead, dying, or stunted screening trees, staff supports continuing the previously approved waiver, and believes that the existing transitional screening meets the ordinance requirements with the adoption of the proposed development conditions.

CONCLUSION / RECOMMENDATION

In staff’s opinion, the proposed child care center and school will be no more visible or intrusive to the surrounding community than the previous child care center and school that were previously approved by the BZA. This application has met all requirements of the Zoning Ordinance and is consistent with the Comprehensive Plan.

For these reasons, staff recommends approval of SPA 80-A-055-02, subject to the proposed development conditions contained in Appendix 1.

The development conditions included in Appendix 1 show the conditions that have been carried forward from the previous special permit approval along with the conditions that have been fulfilled by the applicant, and thus deleted from the current set of conditions. Deleted conditions are distinguished with a strikethrough.

It should be noted that it is not the intent of staff to recommend that the Board, in adopting any conditions, relieve the applicants/owners from compliance with the provisions of any applicable ordinances, regulations, or adopted standards.

It should be further noted that the content of this report reflects the analysis and recommendations of staff; it does not reflect the position of the Board of Zoning Appeals.

The approval of this application does not interfere with, abrogate or annul any easements, covenants, or other agreements between parties, as they may apply to the property subject to the application. SPA 80-A-055-02 Page 12 of 12

APPENDICES

1. Proposed Special Permit Amendment Development Conditions 2. Statement of Justification 3. Affidavit 4. Resolution from SPA 80-A-055 dated June 20, 1990 5. FCDOT Memorandum dated February 28, 2020 6. On-Site Circulation Plan 7. Applicable Zoning Ordinance Provisions SPA 80-A-055-02 APPENDIX 1

PROPOSED DEVELOPMENT CONDITIONS

SPA 80-A-055-02

March 4, 2020

If it is the intent of the Board of Zoning Appeals to approve SPA 80-A-055-02, located at Tax Map 71-1 ((1)) 57A and 62 to modify development conditions and change in permittee pursuant to Sect. 8-300 of the Zoning Ordinance, staff recommends that the Board condition the approval by requiring conformance with the following development conditions. These proposed conditions modify the previously approved conditions with additions in bold and deletions in strikethrough. Conditions carried forward from the previous special permit amendment are marked with an asterisk*.

1. This approval is granted to the applicants only and is not transferrable without further action of this Board and is for the location indicated on the application and is not transferrable to other land.*

2. This special permit is granted only for the purposes(s), structures(s) and/or use(s) indicated on the special permit plat prepared by CEN Architects, Inc. dated May 15, 1990 (revised) and approved with this application, as qualified by these conditions.

3. This special permit amendment is granted only for the place of worship, child care center, and private school of general education as indicated on the plat entitled, “Hope Lutheran Church, 4604 Ravensworth Road, Annandale, VA”, prepared by CEN Architects, Inc., dated November 22, 1989, and revised by Stanley B. Moore on October 30, 2019, consisting of one sheet, and approved with this application, as qualified by these development conditions.

4. A copy of this Special Permit and the Non-Residential Use Permit SHALL MUST BE POSTED in a conspicuous place on the property of the use and be made available to all departments of the County of Fairfax during the hours of operation of the permitted use.*

5. The Special Permit is subject to the provisions of Article 17, Site Plans. Any plan submitted pursuant to this special permit shall must be in conformance with the approved Special Permit plat and these development conditions.*

6. The maximum seating capacity of the Hope Lutheran Church sanctuary shall is limited to 150 seats. The maximum daily enrollment for Hope Montessori School shall be limited to a total of 82 children for the child center and private school of general education for the child care center and private school of general education is limited to a total of 99 children. The existing 84 67 parking spaces shall must be maintained and no additional parking shall be is required or constructed. All parking shall must be on-site.*

7. The hours of operation for Hope Montessori School the child care center and private school of general education shall are limited to 7:30 am to 6:00 pm, 6:30 am to 6:30 pm Monday through Friday and 7:00 am to 5:00 pm on Saturday.*

8. The existing vegetation shall may be used to satisfy the transitional screening requirements provided it is maintained and protected in accordance with the Public Facilities Manual. No additional screen plantings shall are required. Replacement trees shall must be provided for those trees removed by construction on site. Location, size and type of replacement trees shall must be determined and approved by the County Arborist Urban Forest Management Division (UFMD).*

9. The applicant must replace any missing, dead, dying, or stunted trees.

10. The barrier requirement shall be is waived.*

11. Stormwater management shall must be provided to the satisfaction of DEM Land Development Services and controlled so as not to create drainage problems on adjacent properties. The vegetated swale to the rear of the church shall must be re-designed to ensure adequate channelization of run-off in accordance with the Public Facilities Manual.*

12. The child care facility must be operated in accordance with Chapter 30 of the County Code, entitled “Minimum Private School and Child Care Facility Standards.”

13. Right-of-way to 35 feet from existing centerline of Ravensworth Road necessary for future road improvement shall be dedicated for public street purposes and shall convey to the Board of Supervisors in fee simple on demand or at the time of site plan approval, whichever occurs first. Ancillary access easements shall be provided to facilitate these improvements to fifteen (15) feet behind the require right-of-way dedication.

14. All vehicles waiting to drop off or pick up children must stack on-site.

15. The applicant must repaint the crosswalk between the place of worship and outdoor playground annually.

16. The maximum number of children using the playground must adhere to the limitations in Sect. 9-309 of the Fairfax County Zoning Ordinance.

17. The shed which is shown on the plat to be within the minimum required side yard shall be relocated to comply with minimum side yard requirements of 10 feet.

18. All signage, both existing and proposed, must satisfy the requirements contained in Article 12 of eth Zoning Ordinance.

19. The applicant is responsible for identifying and complying with the terms of all easements, covenants, conditions, liens, judgments, encroachments or other encumbrances to title affecting the subject property, shown or not shown, on the approved special permit/variance plat. Approval of this application does not abrogate, vacate, interfere with, or invalidate such claims. Accordingly, the applicant, successors or assigns, indemnifies, keeps and saves harmless the County, its agents, officials, employees, volunteers, and the Board of Zoning Appeals against claims of injuries, death, damage to property, or other suits, liabilities, judgments, cost and expenses which may otherwise accrue against the County in consequence of the granting of this special permit/variance. The Applicant, successors or assigns, must, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgment is rendered against the County and/or the Board of Zoning Appeals in any such action, the Applicant, successors or assigns, must, at his or her own expense, satisfy and discharge the same.

These conditions incorporate and supersede all previous conditions. This approval, contingent on the above-noted conditions, must not relieve the applicant from compliance with the provisions of any applicable ordinances, regulations, or adopted standards.

Pursuant to Sect. 8-015 this special permit will take effect upon a vote of approval by the Board of Zoning Appeals.

APPENDIX 2

GENERAL SUBMISSION REQUIREMENTS 8-11 SPECIAL PERMIT STATEMENT OF JUSTIFICATION A written statement from the applicant describing the proposed use, and other pertinent data, including specifically:

A. Type of operation(s). • Hope Lutheran Church (HLC): HLC is a tax-exempt, Virginia church corporation of the Evangelical Lutheran Church of America located at 4604 Ravensworth Road, Annandale, VA 22003. It conducts worship services on Sundays and opens its doors to various community functions (i.e., ESL Classes, AA Meetings, Fairfax Co. Nurturing Parenting Program) during the week. It has also leased spaces to Hope Montessori School, a non-profit preschool & daycare. Unfortunately, after over 50 years of operating at this location, Hope Montessori School closed their business as of July 31, 2019. Now HLC has entered into a lease agreement as of September 17, 2019 with another lessee, My Baby Steps Academy Co (MBSA), which proposes to operate another pre-school/daycare operation. • Lessee - My Baby Steps Academy (MBSA): MBSA provides in-home day care for children from 6 weeks old to 12 years of age. MBSA been operating from the owner's home located at 7324 Beverly St, Annandale VA 22003 since January 2014. MBSA is operated by Ogai Nasseri as a licensed provider. MBSA would like to expand and proposes opening a new facility in leased spaces from HLC under the same name to be able to provide care and service to a higher number of children. MBSA also looks to expand to be able to provide additional services, such as early education curriculums, by certified individuals at the new proposed location at 4604 Ravensworth Rd, Annandale VA 22003.

B. Hours of operation. • Hope Lutheran Church (HLC): HLC holds church services every Sunday at 10:00 AM. HLC also holds Spanish Services on the second Sunday of every month at 8:30 AM. HLC office is open 9:00 A.M. to 3:00 P.M., Monday through Friday. The Korean American Presbyterian Church (KAPC) also holds services in this facility every Sunday at 1:30 PM. • Lessee - My Baby Steps Academy (MBSA): Proposed hours are to be Monday thru Friday 6:30 AM to 6:30 PM, Saturdays 7AM Thru 5PM

C. Estimated number of patrons/clients/patients/pupils/etc. • Hope Lutheran Church (HLC): Normal Sunday attendance for HLC is approximately 55-60 worshipers. The normal Sunday attendance for KAPC is approximately 20 worshipers. • Lessee - My Baby Steps Academy (MBSA): At their day home, My Baby Steps Academy currently has 12 children of ages 6 weeks to 12 years. At the new location as a Daycare Center/Preschool, per county approval, MBSA proposes to serve an enrollment of 99 students, or the maximum permitted under applicable criteria if fewer than 99 children of ages 6 weeks to 12 years of age. (Hope Montessori School had a permitted daily enrollment of 82 students. See page 1 of the June 5, 1990 Staff Report of Special Permit Application No SPA 80-A-055-1, Annandale District.) RECEIVED flppf nf Planning & Deve pment Page 7 of 26 OCT 3 1 2019

Zoning Evaluation Division GENERAL SUBMISSION REQUIREMENTS 8-11 SPECIAL PERMIT STATEMENT OF JUSTIFICATION

D. Proposed number of employees/attendants/teachers/etc. • Hope Lutheran Church (HLC): Current HLC staff is three (3) employees that work out of the church office during the week. • Lessee - My Baby Steps Academy (MBSA): Current number of staff at my Baby Steps Academy in-home daycare is 4 employees. At the proposed new location as a Daycare Center / Preschool, MBSA proposes to have 13 employees and or the required number of employees for children-to-caregiver ratio.

E. Estimate of traffic impact of the proposed use, including the maximum expected trip generation and the distribution of such trips by mode and time of day. • HLC & MBSA: Approximately 100 trips daily are estimated to and from the church property.

F. Vicinity or general area to be served by the use. • HLC, MBSA, KAPC, and all the community functions that meet in this facility serve the greater Annandale area of Fairfax County.

G. Description of building facade and architecture of proposed new building or additions. • There is no proposed new building or addition. HLC proposes in this application to amend SPA 80-A-055-1 to delete the name of Hope Montessori School as the private day school operating in part of current building. HLC also requests that My Baby Steps Academy be named as the proposed operator of the private day school and that daily enrollment be increased to 99 students, or the maximum permitted if fewer than 99 students.

H. A listing, if known, of all hazardous or toxic substances as set forth in Title 40, Code of Federal Regulations Parts 116.4, 302.4 and 355; all hazardous waste as set forth in Virginia Department of Environmental Quality Hazardous Waste Management Regulations; and/or petroleum products as defined in Title 40, Code of Federal Regulations Part 280; to be generated, utilized, stored, treated, and/or disposed of on site and the size and contents of any existing or proposed storage tanks or containers. • No known hazardous or toxic substances or petroleum products are generated, utilized, stored, treated and/or disposed of on this site. No storage tanks or containers exist or are proposed for the site.

RECEIVED Dept of Plannino X Development Page 8 of 26 OCT 3 1 2019 Zoning Evaluation Division GENERAL SUBMISSION REQUIREMENTS 8-11 SPECIAL PERMIT STATEMENT OF JUSTIFICATION

A statement of how the proposed use conforms to the provisions of all applicable ordinances, regulations, adopted standards and any applicable conditions, or, if any waiver, exception or variance is sought by the applicant from such ordinances, regulations, standards and conditions, such shall be specifically noted with the justification for any such modification. • The proposed use of the church conforms to the provisions of all applicable ordinances, regulations, adopted standards and any applicable conditions.

RECEIVED Dept of Planning & Development

OCT 31 2019 Page 9 of 26 Zoning Evaluation Division SPA 80-A-055-02 ATTACHMENT 1

Entrance to Hope Lutheran Church as seen from Ravensworth Road

Pick up and drop off area SPA 80-A-055-02 ATTACHMENT 1

Parking area to the rear of the church

Parking area adjacent to the outdoor play area SPA 80-A-055-02 ATTACHMENT 1

Outdoor play area

Area to be used for the child care center SPA 80-A-055-02 ATTACHMENT 1

Area to be used for the child care center

Area to be used for the child care center

SPA 80-A-055-02 ATTACHMENT 1

Kitchen where children’s meals will be prepared

APPENDIX 3

Application No.(s): SPA t 9 - 030 6 (county-assigned application number(s), to be entered by County Staff)

SPECIAL PERMIT/VARIANCE AFFIDAVIT 1546ip

DATE: l e)s] lb I D.o19 (enter date affidavit is notarized)

STANLEY B. MOORE 1, , do hereby state that I am an (enter name of applicant or authorized agent)

(check one) [ ] applicant [I] applicant's authorized agent listed in Par. 1(a) below

and that, to the best of my knowledge and belief, the following is true:

1(a). The following constitutes a listing of the names and addresses of all APPLICANTS, TITLE OWNERS, CONTRACT PURCHASERS, and LESSEES of the land described in the application,*and, if any of the foregoing is a TRUSTEE,**each BENEFICIARY of such trust, and all ATTORNEYS and REAL ESTATE BROKERS, and all AGENTS who have acted on behalf of any of the foregoing with respect to the application:

(NOTE: All relationships to the application listed above in BOLD print must be disclosed. Multiple relationships may be listed together, e.g., Attorney/Agent, Contract Purchaser/Lessee, Applicant/Title Owner, etc. For a multiparcel application, list the Tax Map Number(s) of the parcel(s) for each owner(s) in the Relationship column.)

NAME ADDRESS RELATIONSHIP(S) (enter first name, middle initial, and (enter number, street, city, state, and zip code) (enter applicable relationships last name) listed in BOLD above) Hope Lutheran Church, a Virginia 4604 Ravensworth Road, Annandale, Virginia, Applicant / Title Owner / Lessor non-stock corporation 22003 AGENTS: Eduardo Conde, President 4604 Ravensworth Road, Annandale, Virginia, Agent for Applicant / Title Owner / 22003 Lessor Stanley B. Moore, Property 4604 Ravensworth Road, Annandale, Virginia, Agent for Applicant / Title Owner! Chairperson 22003 Lessor

MyBabySteps Academy Co. 7324 Beverly St., Annandale Virginia 22003 Lessee AGENTS: Ogai Nasseri, President 7324 Beverly St., Annandale Virginia 22003 Wilson R. Marroquin, Vice President 7324 Beverly St., Annandale Virginia 22003

(check if applicable) [ ] There are more relationships to be listed and Par. 1(a) is continued on a "Special Permit/Variance Attachment to Par. 1(a)" form.

In the case of a condominium, the title owner, contract purchaser, or lessee of 10% or more of the units in the condominium. ** List as follows: Name of trustee, Trustee for (name of trust, if applicable), for the benefit of: (state name of each beneficiary). i FORM SP/VC-1 Updated (7/1/06) Application No.(s): SPIN P.019 - o3oEs (county-assigned application number(s), to be entered by County Staff) Page Two SPECIAL PERMIT/VARIANCE AFFIDAVIT 1514(016 DATE: I t (enter date affidavit is notarized)

1(b). The following constitutes a listing***of the SHAREHOLDERS of all corporations disclosed in this affidavit who own 10% or more of any class of stock issued by said corporation, and where such corporation has 10 or less shareholders, a listing of all of the shareholders:

(NOTE: Include SOLE PROPRIETORSHIPS, LIMITED LIABILITY COMPANIES, and REAL ESTATE INVESTMENT TRUSTS herein.)

CORPORATION INFORMATION

NAME & ADDRESS OF CORPORATION: (enter complete name, number, street, city, state, and zip code) MyBabySteps Academy Co. 7324 Beverly St., Annandale Virginia 22003

DESCRIPTION OF CORPORATION: (check one statement) [I] There are 10 or less shareholders, and all of the shareholders are listed below. [ There are more than 10 shareholders, and all of the shareholders owning 10% or more of any class of stock issued by said corporation are listed below. [ There are more than 10 shareholders, but no shareholder owns 10% or more of any class of stock issued by said corporation, and no shareholders are listed below. NAMES OF SHAREHOLDERS: (enter first name, middle initial, and last name)

Ogai Nasseri 50% Shareholder/ President Wilson R. Marroquin 50% Shareholder / Vice President

(check if applicable) [4 There is more corporation information and Par. 1(b) is continued on a "Special Permit/Variance Attachment 1(b)" form.

*** All listings which include partnerships, corporations, or trusts, to include the names of beneficiaries, must be broken down successively until (a) only individual persons are listed or (b) the listing for a corporation having more than 10 shareholders has no shareholder owning 10% or more of any class of stoa. In the case of an APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE*of the land that is a partnership, corporation, or trust, such successive breakdown must include a listing and further breakdown of all of its partners, of its shareholders as required above, and of beneficiaries of any trusts. Such successive breakdown must also include breakdowns of any partnership, corporation, or trust owning 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER or LESSEE*of the land. Limited liability companies and real estate investment trusts and their equivalents are treated as corporations, with members being deemed the equivalent of shareholders; managing members shall also be listed. Use footnote numbers to designate partnerships or corporations, which have further listings on an attachment page, and reference the same footnote numbers on the attachment page.

FORM SPNC- I Updated (7/1/06)

Page of Special Exception Attachment to Par. 1(b)

DATE: ID,/ Jai ao )7 1,5 i4-(00 (enter date affidavit is notarized) for Application No. (s): — 030S, (enter County-assigned application number (s))

NAME & ADDRESS OF CORPORATION: (enter complete name, number, street, city, state, and zip code) Hope Lutheran Church 4604 Ravensworth Rd., Annandale, Va. 22003

DESCRIPTION OF CORPORATION: (check one statement) [ There are 10 or less shareholders, and all of the shareholders are listed below. [ There are more than 10 shareholders, and all of the shareholders owning 10% or more of any class of stock issued by said corporation are listed below. [ There are more than 10 shareholders, but no shareholder owns 10% or more of any class of stock issued by said corporation, and no shareholders are listed below.

first name, middle initial, and last name) kiArlrU riCIILLICIFcgrrigAPPInc R4larceilgrcfer Eduardo Conde, President Vacant, Vice President Lynn Cramer, Treasurer Deborah Byrd, Secretary

NAME & ADDRESS OF CORPORATION: (enter complete name, number, street, city, state, and zip code)

DESCRIPTION OF CORPORATION: (check one statement)

[ There are 10 or less shareholders, and all of the shareholders are listed below. [ There are more than 10 shareholders, and all of the shareholders owning 10% or more of any class of stock issued by said corporation are listed below. [ There are more than 10 shareholders, but no shareholder owns 10% or more of any class of stock issued by said corporation, and no shareholders are listed below.

NAMES OF THE SHAREHOLDERS: (enter first name, middle initial, and last name)

(check if applicable) [ J There is more corporation information and Par. 1(b) is continued further on a "Special Exception Attachment to Par. 1(b)" form.

FORM SEA-1 Updated (7/1/06)

t C3 Application No.(s): 3M O c1 bg (county-assigned application number(s), to be entered by County Staff) Page Three SPECIAL PER1VIITNARIANCE AFFIDAVIT t5 4686 DATE: I 3. / 8 i 19 (enter date affidavit is notarized)

1(c). The following constitutes a listing***of all of the PARTNERS, both GENERAL and LIMITED, in any partnership disclosed in this affidavit:

PARTNERSHIP INFORMATION

PARTNERSHIP NAME & ADDRESS: (enter complete name, number, street, city, state, and zip code) N/A

(check if applicable) [ ] The above-listed partnership has no limited partners.

NAMES AND TITLE OF THE PARTNERS (enter first name, middle initial, last name, and title, e.g. General Partner, Limited Partner, or General and Limited Partner)

N/A

(check if applicable) [ ] There is more partnership information and Par. 1(c) is continued on a - Special Permit/Variance Attachment to Par. 1(c)" form.

*** All listings which include partnerships, corporations, or trusts, to include the names of beneficiaries, must be broken down successively until: (a) only individual persons are listed or (b) the listing for a corporation having more than 10 shareholders has no shareholder owning 10% or more of any class of slTnk. In the case of an APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE*of the land that is a partnership, corporation, or trust, such successive breakdown must include a listing and further breakdown of all of its partners, of its shareholders as required above, and of beneficiaries of any trusts Such successive breakdown must also include breakdowns of any partnership, corporation, or trust owning 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE*of the land. Limited liability companies and real estate investment trusts and their equivalents are treated as corporations, with members being deemed the equivalent of shareholders; managing members shall also be listed. Use footnote numbers to designate partnerships or corporations, which have further listings on an attachment page, and reference the same footnote numbers on the attachment page.

FORM SPNC- I Updated (7/1/06)

Application No.(s): SINN a019 -630$ (county-assigned application number(s), to be entered by County Staff) Page Four SPECIAL PERMIT/VARIANCE AFFIDAVIT 15i-tqc,q6 DATE: (enter date affidavit is notarized)

1(d). One of the following boxes must be checked:

[ In addition to the names listed in Paragraphs 1(a), 1(b), and 1(c) above, the following is a listing of any and all other individuals who own in the aggregate (directly and as a shareholder, partner, and beneficiary of a trust) 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE*of the land:

[v] Other than the names listed in Paragraphs 1(a), 1(b), and 1(c) above, no individual owns in the aggregate (directly and as a shareholder, partner, and beneficiary of a trust) 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE*of the land.

2. That no member of the Fairfax County Board of Zoning Appeals, Planning Commission, or any member of his or her immediate household owns or has any financial interest in the subject land either individually, by ownership of stock in a corporation owning such land, or through an interest in a partnership owning such land.

EXCEPT AS FOLLOWS: (NOTE: If answer is none, enter "NONE" on the line below.)

NONE

(check if applicable) [ ] There are more interests to be listed and Par. 2 is continued on a "Special Permit/Variance Attachment to Par. 2" form.

FORM SPNC- I Updated (7/1/06) Application No.(s): SP' asz) 1 9 (county-assigned application number(s), to be entered by County Staff) Page Five SPECIAL PERMIT/VARIANCE AFFIDAVIT k-54(D8O DATE: 11 15b oz)1c1 (enter date affidavit is notarized)

3. That within the twelve-month period prior to the public hearing of this application, no member of the Fairfax County Board of Zoning Appeals, Planning Commission, or any member of his or her immediate household, either directly or by way of partnership in which any of them. is a partner, employee, agent, or attorney, or through a partner of any of them, or through a corporation in which any of them is an officer, director, employee, agent, or attorney or holds 10% or more of the outstanding bonds or shares of stock of a particular class, has, or has had any business or financial relationship, other than any ordinary depositor or customer relationship with or by a retail establishment, public utility, or bank, including any gift or donation having a value of more than $100, singularly or in the aggregate, with any of those listed in Par. 1 above.

EXCEPT AS FOLLOWS: (NOTE: If answer is none, enter "NONE" on line below.)

(NOTE: Business or financial relationships of the type described in this paragraph that arise after the filing of this application and before each public hearing must be disclosed prior to the public hearings. See Par. 4 below.)

(check if applicable) [ There are more disclosures to be listed and Par. 3 is continued on a "Special Permit/Variance Attachment to Par. 3" form. 4. That the information contained in this affidavit is complete, that all partnerships, corporations, and trusts owning 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE*of the land have been listed and broken down, and that prior to each and every public hearing on this matter, I will reexamine this affidavit and provide any changed or supplemental information, including business or financial relationships of the type described in Paragraph 3 above, that arise on or after the date of this application.

WITNESS the following signature:

(check one) [ Applicant— ] Applicant's Authorized Agent

Stanley B. Moore, Hope Lutheran Church, Property Chairperson (type or print first name, middle initial, last name, and title of signee) /QP Y'L Subscr. ed and sworn to before me this / ay. ofee,014,ke,t1 20q , in the State/Comm. of 9.1.ic4,:et1 , County/City of

Notary Public My commission expires: 3/,

CHEVY VELASQUEZ CANDELARIA NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAR. 31. 2022 A•ORM SP/VC-1 Updated (7/1/06) COMMISSION # 7286362 APPENDIX 4

Page , June 12, 1990 (Tape 1), Scheduled case of:

10:15 A.M. HOPE LUTHERAN CHURCH AND HOPE MONTESSORI SCHOOL LTD., SPA 80-A-055-1 application under Sect. 3-403 of the Zoning Ordinance to amend SP 80-A-055 for church and related facilities and private school of general education to allow building addition, on property located at 4604 Ravensworth Road, on approximately 2.97 acres of land, zoned R-4, Annandale District, Tax Map 71-1((1))57A, 62.

Vice Chairman DiGuilian called the applicant's agent to the podium and asked if the affidavit before the Board was complete and accurate. Ms. Gregg replied that it was. Vice Chairman DiGuilian then asked for disclosures from the Board Members and, hearing no reply, called for the staff report.

Denise James, Staff Coordinator, submitted the revised affidavit to which Ms. Gregg had attested and presented the staff report, which recommended approval in accordance with the development conditions contained therein.

Pamela Gregg, CEN Architects, Inc., 8294-B Old Courthouse Road, Vienna, Virginia, stated the application was submitted to alleviate overcrowded conditions and that the applicant had no objection to any of the conditions.

There were no speakers, so Vice Chairman DiGuilian closed the public hearing.

Mr. Hammack made a motion to grant SPA 88-A-055-1 with conditions contained in the staff report dated June 5, 1990.

//

COUNTY OF FAIRFAX, VIRGINIA

SPECIAL PERMIT RESOLUTION OF THE BOARD OF ZONING APPEALS

In Special Permit Application SPA 80-A-055-1 by HOPE LUTHERAN CHURCH AND HOPE MONTESSORI SCHOOL, LTD., under Section 3-403 of the Zoning Ordinance to amend SP 80-A-055 for church and related facilities and private school of general education to allow building addition, on property located at 4604 Ravensworth Road, Tax Map Reference 71-1((1)(1)57A, 62, Mr. Hammack moved that the Board of Zoning Appeals adopt the following resolution:

WHEREAS, the captioned application has been properly filed in accordance with the requirements of all applicable State and County Codes and with the by-laws of the Fairfax County Board of Zoning Appeals; and

WHEREAS, following proper notice to the public, a public hearing was held by the Board on June 12, 1990; and

WHEREAS, the Board has made the following findings of fact:

1. That the applicant is the owner of the land. 2. The present zoning is R-4. 3. The area of the lot is 2.97 acres of land. HOPE LUTHERAN CHURCH AND HOPE MONTESSORI SCHOOL LTD., SPA 80-A-055-1 Page 2

AND WHEREAS, the Board of Zoning Appeals has reached the following conclusions of law:

THAT the applicant has presented testimony indicating compliance with the general standards for Special Permit Uses as set forth in Sect. 8-006 and the additional standards for this use as contained in Sections 8-303, 8-305 and 8-307 of the Zoning Ordinance.

NOW, THEREFORE, BE IT RESOLVED that the subject application is GRANTED with the following limitations:

1. This approval is granted to the applicants only and is not transferable without further action of this Board, and is for the location indicated on the application and is not transferable to other land.

2. This Special Permit is granted only for the purpose(s), structure(s) and/or use(s) indicated on the special permit plat prepared by CEN Architects, Inc. dated May 15, 1990 (revised) and approved with this application, as qualified by these development conditions.

3. A copy of this Special Permit and the Non-Residential Use Permit SHALL BE POSTED in a conspicuous place on the property of the use and be made available to all departments of the County of Fairfax during the hours of operation of the permitted use.

4. This Special Permit is subject to the provisions of Article 17, Site Plans. Any plan submitted pursuant to this special permit shall be in conformance with the approved Special Permit plat and these development conditions.

5. The maximum seating capacity of the Hope Lutheran Church sanctuary shall be limited to 150 seats. The maximum daily enrollment for the Hope Montessori School shall be limited to a total of 82 children for the combined child care center and private school of general education. The existing 84 parking spaces shall be maintained and no additional parking shall be required or constructed. All parking shall be on site.

6. The hours of operation for Hope Montessori School shall be limited to 7:30 am to 6:00 pm, Monday through Friday.

7. The existing vegetation shall be used to satisfy the transitional screening requirement provided it is maintained and protected in accordance with the Public Facilities Manual. No additional screen plantings shall be required. Replacement trees shall be provided for those trees removed by construction on site. Location, size and type of replacement trees shall be determined and approved by the County Arborist.

8. The barrier requirement shall be waived. HOPE LUTHERAN CHURCH AND HOPE MONTESSORI SCHOOL LTD., SPA 80-A-055-1 Page 3

9. Stormwater management shall be provided to the satisfaction of DEM and controlled so as not create drainage problems on adjacent properties. The vegetated swale to the rear of the church shall be re-designed to ensure adequate channelization of run-off in accordance with the Public Facilities Manual.

10. Right-of-way to 35 feet from existing centerline of Ravensworth Road necessary for future road improvement shall be dedicated for public street purposes and shall convey to the Board of Supervisors in fee simple on demand or at the time of site plan approval, whichever occurs first. Ancillary access easements shall be provided to facilitate these improvements to fifteen (15) feet behind the required right-of-way dedication.

11. The shed which is shown on the plat to be within the minimum required side yard shall be relocated to comply with minimum side yard requirement of 10 feet.

This approval, contingent on the above-noted conditions, shall not relieve the applicant from compliance with the provisions of any applicable ordinances, regulations, or adopted standards. The applicant shall be responsible for obtaining the required Non-Residential Use Permit through established procedures, and this special permit shall not be valid until this has been accomplished.

Under Sect. 8-015 of the Zoning Ordinance, this Special Permit shall automatically expire, without notice, twenty-four (24) months after the approval date* of the Special Permit unless the activity authorized has been established, or unless construction has started and is diligently pursued, or unless additional time is approved by the Board of Zoning Appeals because of occurrence of conditions unforeseen at the time of the approval of this Special Permit. A request for additional time shall be justified in writing, and must be filed with the Zoning Administrator prior to the expiration date.

Mrs. Thonen seconded the motion. The motion carried by a vote of 5-0. Chairman Smith and Mr. Kelley were absent from the meeting.

*This decision was officially filed in the office of the Board of Zoning Appeals and became final on June 20, 1990. This date shall be deemed to be the final approval date of this special permit.

// APPENDIX 5 APPENDIX 6 HOPE LUTHERAN CHURCH (HLC) SPECIAL PERMIT APPLICATION (SPA) ZED STAFF QUESTIONS – RESPONSE

1) Staff is unclear about how drop off and pick up operations will occur. Please provide a diagram and a brief narrative describing how parents will enter, park, drop off, pick up, and depart the property. Based on the proposed ages of the children, some parents will park and bring their children into the facility while others may drop them off at the northern entrance to the facility. Staff would like to better understand the on-site circulation pattern and any potential pedestrian/vehicular conflicts.

a) RESPONSE: HLC has one main driveway located in the middle of the property. Driving into the Church’s parking lot, parents dropping off or picking up their children at My Baby Steps Academy (MBSA) will follow the guided arrows on the driveway that lead them through the West Parking Lot to HLC’s education wing located on the northern side of the building. The education wing has its own entrance to the building. For quick pick up and drop off, parents will simply stop their car near the education wing entrance. They will be met by MBSA staff at the door. For parents that need a little more time, they will park their cars in the West Parking Lot and walk to the education wing entrance. There is a pedestrian walkway safely leading parents to and from the education wing entrance with ample parking on the west side of the building. It is a one-way traffic pattern that will safely lead parents back on to Ravensworth Road. These instructions will be carefully reviewed with parents during the initial interview and it will be closely monitored and enforced. See attached diagram on next page.

b) RESPONSE: The following is MBSA’s Proposed Drop off and Pick up Schedule:

My Baby Steps Academy (MBSA) Proposed Drop Off Schedule Proposed Pick Up Schedule AM # of Children PM # of Children 6:30 – 7:00 10 3:30 – 4:00 10 7:00 – 7:30 25 4:00 -4:30 25 7:30 - 8:00 25 4:30 – 5:00 25 8:00 – 8:30 25 5:00 – 5:30 25 8:30 – 9:00 14 5:30 – 6:00 14

Page 1 of 3 HOPE LUTHERAN CHURCH (HLC) SPECIAL PERMIT APPLICATION (SPA) / ZED STAFF QUESTIONS – RESPONSE Diagram Supporting Response to Question #1 (Not to Scale)

Traffic Flow to South Parking Lot & South West Parking Lot & Traffic Flow to North Exit Driveway on to Exit Driveway on to Ravensworth Rd Ravensworth Road T Driveway r

Parking Area for Parents with Walk-In Drop-Off / Pick-Up

--Sidewalks Sidewalks -

Hope Lutheran Church Quick 4604 Ravensworth Road Drop-Off / Pick-Up Point for School Playground

on on Road

Entrance Driveway from Ravensworth Road Ravensworth from Driveway Entrance Exit Driveway Driveway Exit Ravensworth to to North North

Page 2 of 3 HOPE LUTHERAN CHURCH (HLC) SPECIAL PERMIT APPLICATION (SPA) ZED STAFF QUESTIONS – RESPONSE

2) Staff is concerned that the existing crosswalk is not prominent enough for an area where young children will be crossing a drive aisle to access the playground. Please repaint the crosswalk between the entrance to the church and the playground. This modification can either be completed now or staff can include a development condition in the staff report that will require you to repaint the crosswalk before the proposed use is established.

a) RESPONSE: HLC generally repaints all crosswalk areas and parking lines each Spring/Summer. We had a brief period with the weather (temperatures above 40o and no rain) where we were able to the paint the crosswalk area between the church and the playground.

Crosswalk between Church & Playground - Crosswalk between Church & Playground - After Before

3) The previous special permit amendment that was approved in 1990 allowed a daily enrollment of up to 82 children (see attachment, condition #5). Please confirm that you are proposing to increase daily enrollment to 99 children.

a) RESPONSE: My Baby Steps Academy (MBSA) is requesting an increase in daily enrollment allowed from 82 children on previous Special Permit to 99 children.

Page 3 of 3 SPA 80-A-055-02 APPENDIX 7

8-006 General Standards

In addition to the specific standards set forth hereinafter with regard to particular special permit uses, all special permit uses shall satisfy the following general standards:

1. The proposed use at the specified location shall be in harmony with the adopted comprehensive plan.

2. The proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations.

3. The proposed use shall be such that it will be harmonious with and will not adversely affect the use or development of neighboring properties in accordance with the applicable zoning district regulations and the adopted comprehensive plan. The location, size and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings or impair the value thereof.

4. The proposed use shall be such that pedestrian and vehicular traffic associated with such use will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood.

5. In addition to the standards which may be set forth in this Article for a particular group or use, the BZA shall require landscaping and screening in accordance with the provisions of Article 13.

6. Open space shall be provided in an amount equivalent to that specified for the zoning district in which the proposed use is located.

7. Adequate utility, drainage, parking, loading and other necessary facilities to serve the proposed use shall be provided. Parking and loading requirements shall be in accordance with the provisions of Article 11.

8. Signs shall be regulated by the provisions of Article 12; however, the BZA, under the authority presented in Sect. 007 below, may impose more strict requirements for a given use than those set forth in this Ordinance.

8-303 Standards for all Group 3 Uses

In addition to the general standards set forth in Sect. 006 above, all Group 3 special permit uses shall satisfy the following standards:

1. Except as may be qualified in the following Sections, all uses shall comply with the lot size and bulk regulations of the zoning district in which located; however, subject to the provisions of Sect. 9-607, the maximum building height for a Group 3 use may be increased.

2. All uses shall comply with the performance standards specified for the zoning district in which located.

3. Before establishment, all uses, including modifications or alterations to existing uses, except home child care facilities, shall be subject to the provisions of Article 17, Site Plans.

8-308 Additional Standards for Churches, Chapels, Temples, Synagogues or Other Such Places of Worship With a Child Care Center, Nursery School or Private School

Churches, chapels, temples, synagogues and other such places of worship with a child care center, nursery school or private school of general or special education may be approved as a special permit use in accordance with the provisions of this Part or as a special exception use in accordance with the provisions of Part 3 of Article 9. The choice of whether to file an application for a special permit or special exception shall be at the applicant's discretion. In either event, such use shall be subject to the additional standards set forth in Sections 9-309 and 9-310.

9-309 Additional Standards for Child Care Centers and Nursery Schools

1. In addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area shall be of such size that 100 square feet of usable outdoor recreation area shall be provided for each child that may use the space at any one time. Such area shall be delineated on a plat submitted at the time the application is filed.

For the purpose of this provision, usable outdoor recreation area shall be limited to:

A. That area not covered by buildings or required off-street parking spaces.

B. That area outside the limits of the minimum required front yard, unless specifically approved by the Board in commercial and industrial districts only.

C. Only that area which is developable for active outdoor recreation purposes.

D. An area which occupies no more than eighty (80) percent of the combined total areas of the required rear and side yards.

2. All such uses shall be located so as to have direct access to an existing or programmed public street of sufficient right-of-way and cross-section width to accommodate pedestrian and vehicular traffic to and from the use as determined by the Director. To assist in making this determination, each applicant, at the time of application, shall provide an estimate of the maximum expected trip generation, the distribution of these trips by mode and time of day, and the expected service area of the facility. As a general guideline, the size of the use in relation to the appropriate street type should be as follows, subject to whatever modification and conditions the Board deems to be necessary or advisable:

Number of Persons Street Type 1-75 Local 76-660 Collector 660 or more Arterial

3. All such uses shall be located so as to permit the pick-up and delivery of all persons on the site.

4. Such use shall be subject to the regulations of Chapter 30 of The Code or Title63.2, Chapter 17 of the Code of Virginia.

9-310 Additional Standards for Private Schools of General Education and Private Schools of Special Education

1. In addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area for a private school of general education shall be of such size that:

A. 200 square feet of usable outdoor recreation area shall be provided for each child in grades K-3 that may use the space at any one time, and

B. 430 square feet of usable outdoor recreation area shall be provided for each child in grades 4-12 that may use the space at any one time. Such usable outdoor recreation area shall be delineated on a plat submitted at the time the application is filed.

For the purpose of this provision, usable outdoor recreation area shall be limited to:

A. That area not covered by buildings or required off-street parking spaces.

B. That area outside the limits of the required front yard.

C. Only that area which is developable for active outdoor recreation purposes.

D. An area which occupies no more than eighty (80) percent of the combined total areas of the required rear and side yards.

2. In addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area of a private school of special education shall be based upon a determination made by the Board; provided, however, that the proposed use conforms with the provisions set forth in Sect. 304 above.

3. All private schools shall be subject to the provisions set forth in Par. 2 and 3 of Sect. 309 above. If applicable, such uses shall also be subject to the regulations of Chapter 30 of The Code or Title 63.2, Chapter 17 of the Code of Virginia.