Fairfax City Council Seeks Zoning Update For Social Services Delivery

FAIRFAX CITY, VA — Despite concerns by some that the Fairfax City Council was rushing through amendments that would "authorize addiction recovery programs offering methadone and needles to exchange as proposed to begin operations in all parts of the city," Councilmember Tom Ross made it clear during Tuesday night's work session that was not the case.

"That's blatantly wrong," he said. "There is nothing in this zoning amendment that suggests there are places that are planning to come to the city to start these treatments."

The proposed changes eliminate language in the existing ordinance that makes it more difficult for some organizations to provide social services as part of their mission.

"We need to be very clear that these zoning text amendments are based on what we want to be perceived as, a city and a community that cares and provides assistance to people, neighbors, friends, relatives, who are facing issues that need help," Ross said. "Nothing more than that."

Brooke Hardin, the city's director of community development and planning, told the council that the zoning ordinance would not regulate the types of medications that are offered or activities that occur as part of a medical delivery.

Related: New Task Force Begins Dialogue Focused On Homelessness In Fairfax City

"Those activities very well may occur currently in medical facilities. It's not something that the city regulates," he said, adding there were other state and federal agencies that regulate those types of activities.

"For example, a pharmacy is a retail use in the city, but there are regulations that pharmacies would need to meet state regulations," Hardin said. "Those activities would be regulated by the state not through the zoning ordinance."

The revised amendment that councilmembers discussed Tuesday night would create two categories for social service delivery, major and minor use groups:

MAJOR: Establishments that provide social service delivery through services such as free or reduced-cost food distribution, free or reduced- cost meal service, free or reduced-cost clothing distribution, personal care facilities such as showering or laundry, and related services or any similar use. Such establishments may additionally include services as described in §3.4.1.E.6 (Social service delivery, minor).

MINOR: Establishments that provide social service delivery through services to clients such as recovery and support services, life skills training, day programs for substance abuse services, treatment services and other related services or any similar use.

The revised amendment would not change the delivery of major social services, such as those provided by the Lamb Center, the city's homeless day shelter on Campbell Street in the Fairfax Circle area. Those services would continue to be reviewed and managed through permitting in industrial zones, and special use permits in commercial and commercial-residential zones.

SOCIAL SERVICE DELIVERY (MINOR/MAJOR): An establishment where the principal function is providing on-site services to advance the welfare of persons in need, including but not limited to recovery services, life skills training, charitable or reduced-cost distribution of necessities, or similar functions as detailed in §3.4.1.E.5 and §3.4.1.E.6. This term shall include uses operated by governmental agencies or organizations with a principal function of providing services to individuals with intellectual or physical impairments. An office where the principal function is the administration of a services delivery establishment and not principally intended for the delivery of a service directly to the client shall not be construed to be social service delivery.

The updated amendment includes provisions that there are no overnight accommodations and there are limitations on hours of operation, specifically no overnight hours. However, the amendment eliminates other limitations, such as the location and the proximity to alcohol sales. It also removes the outdoor space requirement and neighborhood impact mitigation.

The amendment also adds "Social Service Delivery Minor" to the zoning table and makes all permitted uses by right in all commercial and industrial zones. In addition, the existing "Social Service Delivery" designation was changed to "Social Service Delivery Major," with no changes in permitted or special uses.

The city council will hold a public hearing on the zoning amendments during its Oct. 10 meeting at Fairfax City Hall, which is located at 10455 Armstrong St. Residents will have an opportunity to provide feedback on revised social services amendments, as well as amendments on other topics, including tree conservation and research and development.

A more detailed presentation is scheduled for the Oct. 24 council work session that will give the community a deeper undemanding of what the homelessness task force has been working on to address homelessness in the city, according to Mayor Catherine Read.