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, October 21, 2020 7:00 PM COUNCIL CHAMBERS-VIENNA TOWN HALL Online Meeting 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 21, 2020 beginning at 7:00 PM with George Creed presiding as Chair. The following members were present: Daniel Nash, Jonathan Rak, Robert Petersen, Robert Dowler, Michael Gadell, and William Daly. Also attending and representing staff were Frank Simeck, CZA, Kelly O’Brien Principal Planner, and Sharmaine Abaied, Board Clerk. Mr. Creed asked for the roll to be called with all members being present. Resolution - Continuity of Government - October 21, 2020 Board of Zoning Appeals October 21, 2020 Resolution for Continuity of Government Mr. Creed read the Resolution for Continuity of Government and asked for a roll call vote with 7 ayes, and 0 nays. Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, Mr. Dowler. Public Hearing 301 Center St S. - Request approval of a conditional use permit from Section 18-31, and by reference Section 18-13, of the Vienna Town Code to permit temporary use of existing building for police department staff during construction of new police station Request for approval of a conditional use permit from Section 18-31, and by reference Section 18-13, of the Vienna Town Code to permit temporary use of existing building for police department staff during construction of new police station at 301 Center Street South, in the RS-10, Single-Family Detached Residential zone. Mr. Simeck, Town of Vienna Zoning Administrator, was sworn in to speak. Mr. Simeck gave a brief presentation in reference to the conditional use permit request for temporary use of the existing building at 301 Center St S. for police department staff during the construction of the a new police station as follows: • Town purchased property in September 2020 from Faith Baptist Church • Comprehensive Plan amended to show it and describe it as a governmental land use • Zoned RS‐10 Single‐Family Detached Town of Vienna Page 1 Printed on 1/27/2021 Board of Zoning Appeals Meeting Minutes October 21, 2020 • Short‐term plan is to use it for offices for police staff during construction of new station • Future Land Use Plan – Parcel changed to “Governmental” from “Institutional” • Now it matches abutting Town‐owned property Mr. Creed asked when the use was changed, Mr. Simeck stated the land use was changed at the October 5th Town Council Meeting. The Town Comprehensive Plan text added for new 301 Center Street South sub-section on Page 98: 301 Center Street South In September 2020, the Town purchased 301 Center Street South, the site of the Faith Baptist Church at the time of purchase. In the short term, the Town intends to utilize a portion of the space for the temporary relocation of police department staff when the new police station is under construction. Other public entities may also be temporarily located at the building, pursuant to approval of a conditional use permit. The Town plans to conduct a feasibility study for long-term uses of the building and site. The proposed use is as follows: • Offices and rooms for Chief, Deputy Chief, Lieutenants, Administrative Staff, Patrol, and Traffic Division • Property and evidence section would also move to building • 15 employees at maximum shift • Open 24 hours a day, 7 days a week • 35 parking spaces in back parking lot to be utilized Mr. Simeck showed a diagram of the first and second floor plan as well as the parking plan. Chief Morris stated the second floor will be used for roll call, changing area for the officers, and supervisors offices. Mr. Dowler, asked if the churches current conditional use permit would be terminated at issuance of a new use permit. Mr. Simeck stated it would be valid unless not used in two years upon which time it would expire. Mr. Dowler asked for the source of the expiration of the use permit. Mr. Dowler then asked if the Board should terminate it upon approving a new use permit. Chief Morris stated it would not be worth terminating the use permit as part of the purchase agreement was that Faith Baptist Church would continue having services until January 31, 2021. Mr. Creed when the completion of the new police station would be as he felt it may be wise to put a date on the conditional use. Chief Morris stated their timeline was 18-24 months, starting in December, but as there typically seems to be setbacks in construction he would prefer and additional 6 months (30 months) if construction were to get delayed. Mr. Creed asked if any other Board members had questions or comments. Mr. Rak stated his understanding that not all activities at the current police station would transfer to the church building. Would there be another location that they would move those activities. Chief Morris stated there would be another location. Dispatch would be in the back-up dispatch center located in the basement of Town Hall with investigations. The remaining activities would be located at the church. Mr. Rak asked about detention facilities. Chief Morris stated there are no current detention facilities, due to state laws, Town of Vienna Page 2 Printed on 1/27/2021 Board of Zoning Appeals Meeting Minutes October 21, 2020 but they have hard interview rooms. The new facilities will have hard interview rooms as well. Mr. Nash asked if there was a fence at the back of the church currently and if not would it be wise to have a fence. Chief Morris stated there was a fence currently at that location, and although it did not offer the privacy needed for the police, it was the best location to get the police station up and build as soon as possible. They would also take measure needed to increase security. Mr. Dowler asked if there were currently lights in the parking lot or if there would be lights installed. Chief Morris stated they would not be installing lights, but they would be installing cameras. It was discovered there were no lights in the parking lot. Mr. Dowler stated if they choose to put in lights to only do so with the type that would not glare into the neighbor’s properties. Mr. Creed asked if anyone in the audience wished to speak for or against the application. No one requested to speak. Mr. Creed read Chairman Kenney’s Planning Commission recommendation into the record. Mr. Creed read the purview of the Board of Zoning Appeals to those attending the meeting. Mr. Creed asked for a motion to close the public hearing for the agenda item. Mr. Petersen made a motion, and Mr. Dowler seconded the motion. Motion: Petersen Second: Dowler Passed: 7-0 Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, and Mr. Dowler. 7 Ayes, 0 Nays Mr. Creed asked if there was a motion in reference to the application. Mr. Petersen made a motion to approve the request, as submitted, for a conditional use permit from Section 18-31, and by reference Section 18-13, of the Vienna Town Code to permit temporary use of existing building for police department staff during construction of new police station at 301 Center Street South with the CUP expiring October 31, 2023, 36 Months. Mr. Daly seconded the motion. Mr. Petersen stated the conditional use permit made good sense, and was an excellent use of the property with no down sides, and no one adversely effected. Mr. Dowler asked why there was a deadline on the conditional use permit as he felt they would be unnecessarily interjecting themselves in the construction of the property. Mr. Petersen stated it may not seem necessary, but it seemed logical for a CUP for the temporary use of a structure. Also, Chief Morris had indicated they would be comfortable with a 2 ½ year deadline; therefore making a 3 year deadline should cover all eventualities. Mr. Rak asked if Mr. Dowler would be more comfortable if the CUP expired upon the occupancy of the new police station. Mr. Dowler stated he would vote in favor regardless of a deadline, he didn’t understand the extra requirement. Mr. Petersen stated that since the CUP is for a temporary use, he felt I was logical to give it an end date. Motion: Petersen Second: Daly Passed 7-0 Town of Vienna Page 3 Printed on 1/27/2021 Board of Zoning Appeals Meeting Minutes October 21, 2020 Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, Mr. Dowler, 7 Ayes, 0 Nays. Approval of the Minutes Mr. Creed, for the approval of minutes, stated he made several changes with the clerk to clarify the last meetings minutes. Mr. Creed asked for a motion to approve the minutes. Mr. Daly made a motion to approve the minutes, Mr. Nash seconded the motion. Motion: Daly Second: Nash Passed 7-0 Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, Mr. Dowler, 7 ayes, 0 nays. Meeting Adjournment Mr. Creed asked for a motion to adjourn. Motion: Daly Second: Gadell Passed 7-0 Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, Mr. Dowler, 7 ayes, 0 nays. The meeting was adjourned at 7:31 PM. 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 4 Printed on 1/27/2021 Board of Zoning Appeals Meeting Minutes October 21, 2020 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 grant 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 5 Printed on 1/27/2021