Board of Zoning Appeals

Town of Vienna 127 Center Street South Vienna, Virginia 22180 p: 703.255.6341 TTY 7111 Meeting Minutes Board of Zoning Appeals Wednesday, December 18, 2019 8:00 PM COUNCIL CHAMBERS-VIENNA TOWN HALL Roll Call The Board of Zoning Appeals (BZA) held one advertised public hearing in the Council Room of the Vienna Town Hall, located at 127 Center Street, South, Vienna, Virginia, on October 16, 2019 beginning at 8:00 PM with Robert Dowler presiding as Chair. The following members were present: Jonathan Rak, Robert Petersen, George Creed, Michael Gadell, and Bill Daly. Also attending and representing staff were Frank Simeck, CZA, Kelly O’Brien, Principal Planner, and Sharmaine Abaied, Board Clerk. At the beginning of the meeting, Mr. Dowler asked the clerk to call roll and gave an opening statement reviewing the purview of the Board of Zoning Appeals. Mr. Dowler stated the Board would be selecting officers for the next year prior to the first agenda item. Mr. Dowler asked for a nomination for the Chairman for 2020, he then nominated Mr. Creed as the new Chair for BZA as he was the previous year’s Vice Chairman. Mr. Petersen seconded the motion. All members voted in favor of Mr. Creed as Chairman for 2020, and Mr. Creed abstained from voting Motion: Dowler Second: Petersen Passed: 5-0 Abstain: Creed Mr. Dowler asked for nominations for Vice Chair. Mr. Creed nominated Mr. Rak as Vice Chair. Mr. Petersen seconded the motion. All members voted in favor of Mr. Rak as Vice Chairman. Mr. Rak abstained from voting. Motion: Creed Second: Petersen Passed: 5-0 Abstain: Rak Mr. Rak stated that he would be recusing himself from the application for Sunrise as they are a client of his law firm, and although he had no involvement in the application it was a conflict of interest. Public Hearings 1. 374 to 380 Maple Ave W - Assisted Living CUP (Maple Ave Commercial zone) Town of Vienna Page 1 Printed on 5/8/2020 Board of Zoning Appeals Meeting Minutes December 18, 2019 Request for approval of a conditional use permit for assisted living for a 0.85-acre parcel, lot 147, located at 374 to 380 Maple Avenue West, in the MAC – Maple Avenue Commercial zone. Application filed by Sara Mariska, attorney representative with Womble Bond Dickinson on behalf of the applicant, Sunrise Development Inc. Ms. Mariska and the other witnesses present ( ) were sworn in to give testimony. Mr. Dowler then asked if Ms. Mariska wanted to make a statement for the application. Mr. Mariska stated she would have Ms. O’Brien present first. Ms. O’Brien stated she had slides and a presentation. Ms. O’Brien was sworn in to speak and stated the following findings of fact about the property: Existing 3-story office building, built in 1970, with 23,620 square feet of office space and 70 off-street parking spaces. June 17, 2019 - Rezoned from C-1 Local Commercial and RS-16 Single-Family Detached Residential zoning districts to MAC Maple Avenue Commercial zoning district for mixed-use building with: - 7,500 square feet of ground floor retail - 37 multifamily residential condominium units - 125 parking spaces in structured parking August 19, 2019 – Amendments to proffered conditions to provide 36 foot roadway within existing Wade Hampton Drive SW right of way in place of the 32 foot roadway previously approved. Recommendation by the Planning Commission to the Town Council on - proposed amendment to proffered conditions - related request for modifications of requirements Recommendation by the Planning Commission to the Board of Zoning Appeals on conditional use permit for assisted living facility for seniors in Maple Avenue Commercial (MAC) Zone per Section 18-95.5.J. for Sunrise of Vienna, a mixed-use building with ground floor restaurant and 85 unit assisted living facility, located at 374 to 380 Maple Avenue West, in Maple Avenue Commercial (MAC) Zone. Ms. O’Brien stated that the town does not have a parking requirement for assisted living use. Staff has reviewed all surrounding jurisdictions parking calculations and it was found that the applicant meets the Fairfax County’s conservative parking standard. Loading and ambulance space is provided within the structure, on site. Ms. O’Brien stated the existing office building use and the proposed restaurant retail space would have similar general trip generation. Ms. O’Brien reviewed the criteria for Conditional Use Permits, and stated the overall request by the applicants was an amendment to the proffers, changing the concept plan, footprint, and elevations, and a modification of requirement to the loading space. Mr. Dowler asked if the concern for the Board was if the property can be used for assisted living for seniors. Ms. O’Brien stated yes. He then stated they were not concerned with parking, ambulance, places, sizes, and heights. Ms. O’Brien said yes, and that she had brought up the ambulance and parking in reference to how the use may affect the neighborhood. Town of Vienna Page 2 Printed on 5/8/2020 Board of Zoning Appeals Meeting Minutes December 18, 2019 Mr. Creed stated his concern about parking ingress and egress and wanted the Board to consider restricting left-hand turns coming out of the parking area on to Maple. Ms. O’Brien stated she wasn’t aware of any restrictions on Maple Ave, but stated it could be taken into consideration. Mr. Creed stated that it could be a condition on the application. Mr. Dowler asked if that was part of the proffer to the Town. Ms. Mariska stated it had not been discussed or proffered to do, but there had been significant discussion regarding Wade Hampton. Ms. Mariska gave a brief overview regarding the application. Sunrise had been before the Board in May 2019 requesting approval of a Conditional Use Permit (CUP) at a smaller facility at the intersection of Center St and Maple Ave. The BZA had approved the CUP, but Town Council had denied the rezoning application. Mr. Dowler asked if the granting of the CUP was contingent on the approval of the rezoning, Ms. Mariska stated that was correct. Since then they had placed under contract the site at 374-380 Maple Ave W and filed an application similar to the one they had presented before, carry forward what was approved on the site, and modifying it to be appropriate for assisted living needs. The first floor consisting of a smaller café, and accessory functions, and three floors of assisted living units above. During the previous months there have been meetings with the community, staff, Planning Commission, BAR and improvements had been made. The changes made were: - 20’ step back on the highest floor of the building beyond what was previously approved. - Balconies were removed from the rear of the building. - Addressed some of the access (on Maple Ave, and Wade Hampton) concerns. - Eliminating the number of curb cuts on Wade Hampton to add parking, and landscaping. Ms. Mariska stated many residents stated their concern with the number of exits on Wade Hampton. Sunrise will be able to put signage in the garage precluding left turns onto Wade Hampton, along with the proposed “pork chop”. Ms. Mariska stated they believed they met the CUP standards by not adversely affecting the health, safety, and welfare of the community by providing a new use that the Town currently does not offer. This use will allow people in Town to age in place. Ms. Mariska stated they were requesting 24 months to commence construction, which was something the Board was supportive of with their last request. The reason for the request is the need to pursue site plan approval, building plan approval, and finalized design drawings. Mr. Dowler asked if someone could tell the Board how the assisted use facility operates as well as the credentials for Sunrise. Mr. Creed asked if it had been pre-approved in the MAC and where the MAC stood. Ms. O’Brien stated no additional applications could be submitted at the time. The application before the Board was an amendment to the proffer for an approved project that is legally zoned Maple Avenue Commercial. Mr. Jerry Liang, Senior VP of Development for Sunrise Senior Living thanked the Board for having them and for staff’s presentation. Mr. Liang stated that Sunrise was one of the country’s largest and oldest assisted living developers and operators. Paul and Terry Klaassen founded it in Northern Virginia almost 37 years ago with very humble beginning. They are headquartered in Tysons Corner and currently operate in over 320 communities across the U.S., Canada, and the U.K. Sunrise had been active in development in Northern Virginia brining new Sunrise locations and refreshing older existing buildings. Mr. Liang clarified that assisted living and senior living meant providing for the community assisted living and member care services. They would provide units for Town of Vienna Page 3 Printed on 5/8/2020 Board of Zoning Appeals Meeting Minutes December 18, 2019 residents to live in and ADL’s, activities of daily living (assistance with bathing, dressing, feeding, restroom, medication, and with dementia programming). The vision by the founders was a home like experience for seniors encompassing what a person would expect in their home. The units are well appointed and there are common areas for residents. Mr. Liang stated the location that they were proposing for assisted living had been fully approved mixed use for condos over retail with public concern. They had worked on numerous design improvements due to public concern. Mr. Liang stated they made updates and improvements on the exterior design to reflect the desires of the surrounding neighbors. To address the concerns regarding of potential overuse of Wade Hampton their vision was to reduce the number of curb cuts on Wade Hampton. Rather than three of four curb cuts they were able to reduce them to one curb cut. This was done by opening up on Maple and making Maple the primary drop off area. This creates circulation through the building for visitors, staff, and commercial uses by having multiple ways to get to the building. Mr. Liang stated they had created a type of luxury hotel front entrance on Maple Avenue. The 15 foot ceiling height at the drop off creates a lot of openness and also creates a space for ambulances to pull off by the front door access. Mr. Liang stated there would be another full floor of underground parking that has access within the building. Mr. Liang also discussed the right turn only onto Wade Hampton from the building as well as the box truck deliveries at the front entrance. Mr. Liang stated, in response to concern by a Board member, they had not thought the egress on to Maple would make a left as it is double yellow lines. If the Board wanted to make that restriction, Sunrise would accept the restriction. Mr. Liang stated there would be access into the underground parking garage off of Wade Hampton as well. Mr. Liang discussed the dedicated retail space, stating it would be a cafe with covered outdoor seating with access to the public and 15 parking spaces. Mr. Liang stated that Sunrise had spent the past 60 days working closely with the neighborhood to formulate the best possibility for that location with minimal impact to the surrounding neighborhood. Mr. Dowler asked what interaction the residents of Sunrise would have with the community. Mr. Liang stated the average resident is around 85 years old and the interaction may be going to the diner across the street, light shopping, visiting the café, or possibly enjoying the parks. Mr. Dowler asked for the licenses and qualifications required to conduct an assisted living facility. Mr. Liang stated assisted living is licensed by state, and they are licensed by the state regulator. Prior to opening an operator would be required to receive an operating license. Sunrise is licensed in all of their operations in Virginia and have never been denied a license in Virginia. Mr. Petersen asked a follow up question about interaction with surrounding neighborhood. He asked if the café was intended for use by the residents or if it was open to the public. Mr. Liang stated the café was designed to be open and inviting to the public and that it was not necessary to walk through the building to reach the café. Mr. Petersen asked if the café would be managed by Sunrise or if it would be an outside contractor. He also asked if the 35 employees included the employees in the café. Mr. Liang stated they did not have a final determination for the café operations. The 35 employees would be at peak shift and any additional café staffing would be one employee. Mr. Creed stated his concerns regarding vehicles exiting onto Maple during peak traffic hours. He asked if Sunrise would consider turn restrictions from Maple. Mr. Creed stated he reviewed the transportation study and although it was done well he felt it was underestimated. Mr. Liang stated they would not have a problem with turn restrictions. Mr. Petersen stated that although Sunrise would have no restrictions coming out on to Maple Avenue, he did not see how that would contribute to safety. Mr. Creed stated cars would need time to get across the lanes of traffic. Mr. Petersen stated he could see how it may be to make the left hand turn, but did not see how preventing people from attempting Town of Vienna Page 4 Printed on 5/8/2020 Board of Zoning Appeals Meeting Minutes December 18, 2019 would contribute to safety. Mr. Dowler recommended the potential turn restriction be discussed during the regular meeting. Mr. Dowler asked Ms. Mariska if she had any other comments. Ms. Mariska stated their presentation had concluded, but would be happy to answer any questions. Mr. Dowler noted the requirement by the company to encourage their employees to take public transportation, to help keep vehicles off the road and try to eliminate parking issues. Mr. Creed asked what types of transportation they were encouraging. Ms. Mariska stated they were look at all kinds including bikes, buses, metro, and walking with the intent to encourage all types of transit options. Mr. Creed asked how far they were expecting the employees to be traveling with the other modes of transportation. Mr. Liang stated they had a wide range of employees from managers to care staff. The advantage of that location is the proximity to public transportation. Maple Avenue has a bus stop across the street on both Maple and Wade Hampton. The location is also close to Nutley which is in close proximity to the Metro stop. Mr. Liang also stated that employees frequently car share / car pool. Ms. Mariska stated there is some contemplation for a bike share location slightly west of their site at the 444 Maple site. Mr. Dowler asked if any other members of the public wished to speak on the matter. No one came forward to speak to speak therefore the public hearing was closed. Regular Meeting 1. The Board will reach a decision on the above listed agenda items at the conclusion of the scheduled public hearing. Request for approval of a conditional use permit for assisted living for a 0.85-acre parcel, lot 147, located at 374 to 380 Maple Avenue West, in the MAC – Maple Avenue Commercial zone. Application filed by Sara Mariska, attorney representative with Womble Bond Dickinson on behalf of the applicant, Sunrise Development Inc. Mr. Dowler asked if there was a motion to approve or not approve the Conditional Use Permit. Mr. Daly made a motion to approve the Conditional Use Permit application as submitted. Mr. Dowler asked if Mr. Daly wanted to add a contingency based on the proffer modification to the Town Council. Mr. Daly stated that it be approved as currently applied for. Mr. Dowler asked if it be contingent on the Towns Approval, Mr. Daly stated he would consider that a friendly amendment. Mr. Dowler then asked if he would like to add the expiration be extended from 6 months to 24 months. Mr. Daly asked what period of time was on the application. Mr. Dowler stated it would die in 6 months if not extended by the Board. Mr. Daly asked if the request for 24 months was verbal. Mr. Daly stated his motion included the 24 months as discussed at the meeting. Mr. Dowler asked if his motion was for approval of the Conditional Use Permit, with no contingencies, to extend to 24 months to begin construction. Mr. Petersen seconded the motion. He stated that, in seconding the motion, they indicated it would not exceed 85 units, and not to exceed the 120 residents. Mr. Creed asked that there be a requirement to not allow a left turn onto Maple Avenue form the parking garage. Town of Vienna Page 5 Printed on 5/8/2020 Board of Zoning Appeals Meeting Minutes December 18, 2019 Mr. Dowler asked if that was an amendment. Mr. Daly stated he wanted to leave his motion as is. Mr. Creed stated he would like to amend it. Mr. Dowler stated it would be an amendment to provide no left turn on to Maple Avenue. Mr. Dowler asked for a second. There was no second. Mr. Dowler stated he would like to make an amendment that the CUP be contingent upon the proposed development conform to all MAC district requirements. Mr. Creed stated he believed it was already approved in the MAC. Mr. Dowler inquired about the proffer going before the Town. Ms. O’Brien stated there was a request to amend the proffers that would be required to meet all zoning ordinances. Ms. O’Brien stated that they could make an amendment that it be contingent on Town Council approving the amended proffers. Mr. Dowler stated there was a contingency on the first one and wanted to ensure the motion be contingent on whatever is left to be done. Ms. O’Brien recommended it be contingent on the approval of the proffer amendment. Mr. Dowler stated that was his motion. Mr. Daly stated he considered it a friendly amendment and that he would second it. Mr. Dowler stated the motion was a Conditional Use Permit for 85 units contingent on the approval of the proffer amendment. Mr. Creed asked if there would be any crosswalks of any type going from Wade Hampton to Lewis St. Ms. O’Brien stated she would need to confer with the Department of Public Works, but that she was not aware of proposed crosswalks across Maple Avenue at that time. Mr. Creed discussed the need for a crosswalk. Mr. Dowler took a vote for the motion. Motion: Daly Second: Petersen Passed: 4-1 Nay: Creed Abstain: Rak 2. Election of Officers: the Board will elect from its membership a Chair and Vice Chair to serve for 2020 3. Approval of minutes. Mr. Dowler mentioned the approval of minutes. Mr. Creed stated he had minor changes that needed to be addressed. Mr. Dowler asked if there was a motion to approve the minutes Mr. Creed made a motion to approve the minutes as amended. Mr. Petersen seconded the motion. Motion: Daly Second: Petersen Passed: 5-0 Absent: Rak Town of Vienna Page 6 Printed on 5/8/2020 Board of Zoning Appeals Meeting Minutes December 18, 2019 Mr. Dowler stated the Board had received a memo from Mr. Briglia regarding Family Day Centers. He stated he would like for it to be on the agenda for the next meeting for discussion. Mr. Daly felt everyone needed a chance to read the memo to get certain items addressed that they felt had not been addressed. Mr. Daly encouraged Board members to write down questions and also stated Town Council should be reviewing it as well. Mr. Dowler stated that the Board could make recommendations to the Town Council and felt that perhaps the Board could do so after discussing Family Day Homes. Mr. Dowler stated his concern regarding equating Nursery Schools and Kindergartens to Family Day Homes. Mr. Simeck stated that he was drafting his interpretation / zoning administration memo to the Board as well. Mr. Simeck stated it could be discussed publicly. There was some discussion regarding how to address the proposed meeting for Family Day Home discussion. Mr. Simeck stated he would draft his determination based on Mr. Briglia’s memo and then he would forward his memo to the Board. Mr. Dowler stated the Boards perspective could be different from the Town and the Zoning Administrator. Mr. Daly stated the ordinance needed to cleaned up by Town Council Mr. Simeck stated that in his memo he would address that as Town Council had directed staff to draft an RFP to move forward with the new code re-write. Mr. Simeck stated he would be recommending that the Board follow the state code until the code was amended. Mr. Daley asked if the Board was putting themselves in a position that they would not be able to give CUP’s to those who already have one. Mr. Simeck stated that a person could have a by-right home day care with four or fewer children. There was continued discussion regarding the differences between Family Day Homes and Nursery Schools as well as a code re-write and meeting with Mr. Briglia. Mr. Simeck stated they could have Mr. Briglia at the next meeting and he would draft a response to Mr. Briglia’s memo. Mr. Petersen suggested there be a work session prior to the next hearing, and have Mr. Briglia attending that work session. Mr. Dowler thanked the Board Clerk on behalf of the Board. Mr. Petersen said he felt Mr. Dowler did a tremendous job as Chair. 4. Meeting Adjournment Mr. Creed made a motion to adjourn the meeting. Mr. Petersen seconded the motion. Motion: Creed Second: Petersen Passed: 5-0 There was discussion regarding the new start time of 7:00 pm for the BZA meetings starting January 2020. Town of Vienna Page 7 Printed on 5/8/2020 Board of Zoning Appeals Meeting Minutes December 18, 2019 There was discussion regarding the position needing to be filled, as well as potential future vacancies. The meeting was adjourned at 9:12. Respectfully submitted, Sharmaine Abaied Board Clerk THE TOWN OF VIENNA IS COMMITTED TO FULL COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT STANDARDS. TRANSLATION SERVICES, ASSISTANCE OR ACCOMMODATION REQUESTS FROM PERSONS WITH DISABILITIES ARE TO BE REQUESTED NOT LESS THAN 3 WORKING DAYS BEFORE THE DAY OF THE EVENT. PLEASE CALL (703) 255-6341, OR 711 VIRGINIA RELAY SERVICE FOR THE HEARING IMPAIRED. About the Board of Zoning Appeals Town of Vienna Page 8 Printed on 5/8/2020 Board of Zoning Appeals Meeting Minutes December 18, 2019 The Board of Zoning Appeals is a quasi-judicial board comprised of seven members – all of whom are residents of the Town of Vienna, VA. The Board serves as an arm of the Fairfax County Circuit Court, as all members are appointed to the Board by the Court after receipt of recommendation from the Vienna Mayor and Town Council. The Board is empowered by the Code of Virginia to: 1. Hear and decide appeals from any order, requirement, decision or determination of the Zoning Administrator. 2. Grant variances from the Zoning Ordinance – as defined in Section 15.2201 of the Code of Virginia – as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement of the provisions will unreasonably restrict the utilization of the property to a degree that is not shared generally by other properties within the same zone or district, and its authorization will not be of substantial detriment to adjacent properties or change the character of the neighborhood 3. Hear and decide applications for interpretation of the Zoning District Map when there is any uncertainty as to the location of the boundary line. 4. Grant Conditional Use Permits in accordance with the provisions of Section 18-209 – 216 of the Vienna Town Code. The Board of Zoning Appeals does not have the power to change the Zoning Ordinance or the rezone property. Those powers rest with the Mayor and Town Council. Please be advised, the Board decides each application on its own merit – there are no precedents. The Board will first consider each application during the Public Hearing portion of the meeting. As part of the Virginia Court System, the Board of Zoning Appeals takes sworn testimony and each participant will be sworn in prior to offering comments. The second portion of the meeting – the Regular Meeting – will convene after the Public Hearing has been closed. The Board will reach a decision on each item. The grand of any appeal from a decision by the Town's Zoning Administrator requires an affirmative vote of a quorum, no less than a majority of membership (4), of the Board. The grant of a Conditional Use Permit or variance requires an affirmative vote of a quorum, no less than a majority of membership (4), of the Board. If you are unable to stay for the last portion of the meeting, you may learn the Board’s decision by contacting staff. If any party is not satisfied with the decision of the Board, an appeal may be filed with the Circuit Court of Fairfax County within 30 days after the issuance of the Board’s decision on the matter. Town of Vienna Page 9 Printed on 5/8/2020