BOARD OF SUPERVISORS BUSINESS MEETING ACTION ITEM

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1 BOARD OF SUPERVISORS BUSINESS MEETING ACTION ITEM Date of Meeting: October 20, 2016 # 13b SUBJECT: ELECTION DISTRICT: CRITICAL ACTION DATE: STAFF CONTACTS: TRANSPORTATION AND LAND USE COMMITTEE REPORT: SPEX , SPEX , SPEX ADAMS Center at Beaumeade Broad Run October 20, 2016 (timeline extension granted by applicant) Steve Barney, Project Manager, Planning & Zoning Ricky Barker, AICP, Director, Planning & Zoning PURPOSE: The All Dulles Area Muslim Society (ADAMS) of Sterling, Virginia has submitted applications for the following: 1. A Special Exception to permit a church, synagogue, and temple use, and accessory day care center in the PD-IP (Planned Development-Industrial Park) zoning district; 2. A Special Exception to permit a school, private, accessory to a church in the PD-IP zoning district; and 3. A Special Exception to permit a shared parking adjustment due to variable parking demands associated with the proposed uses, and an on-site parking reduction from 69 spaces to 31 spaces. RECOMMENDATIONS: Planning Commission: At its June 9, 2016 work session, the Planning Commission voted (Scheel opposed; Sisley, Douglas, absent; Blackburn, Barnes, abstained) to forward the applications to the Board of Supervisors (Board) with a recommendation of approval, subject to Conditions of Approval (Conditions). Transportation and Land Use Committee (TLUC): At its September 15, 2016 meeting, the TLUC voted (Higgins opposed; Volpe abstained) to forward the applications to the Board with a recommendation of approval, subject to Conditions dated August 31, 2016.

2 Item 13b, SPEX , SPEX , SPEX ADAMS Center at Beaumeade Board of Supervisors Business Meeting October 20, 2016 Page 2 Staff: Staff supports the Board s approval of the applications, subject to Conditions. Staff has recommended revisions to the Conditions as described in the Issues section below, and the revised Conditions dated September 22, 2016 are included as Attachment 1. The Conditions have been approved as to form by the County Attorney's Office and the Applicant has been provided the Conditions for review. While the Applicant has not yet indicated agreement with the Conditions, the Applicant did not identify objections to any specific Conditions discussed at the September 15, 2016 TLUC meeting. For Special Exception applications, it is not necessary that the Applicant agree with the Conditions, although the Applicant s consent is preferred. The applications are ready for action by the Board. BACKGROUND: Consideration of this item by the Board was deferred from the October 4, 2016 Board Business Meeting agenda in order to allow the Applicant additional time to work with the Cape Court Commercial Condominium Unit Owners Association (Association) regarding an onsite parking plan, as discussed in the Issues section below. The Board considered the applications at its July 13, 2016 Public Hearing. Twenty-one members of the public spoke in favor of the applications, and 10 members of the public spoke in opposition. Additionally, a representative for the Association addressed the Board but did not offer a position either in support of or in opposition to the approval of the applications. The Board discussed the Virginia Department of Transportation (VDOT) crosswalk warrant requirements; the status of the Applicant s agreement with the Conditions of Approval; Zoning Ordinance parking requirements for religious uses; the proposed daily schedule of activities at the ADAMS site; Staff observations during site visits and dates of site visits; and pedestrian access to the proposed day care and play area. The Board voted (Buffington absent) to forward the applications to the September 15, 2016 TLUC meeting for further discussion. The Board requested that the Applicant clarify the proposed schedule of daily activities and provide additional information about the proposed private school. The Board also requested additional information regarding the types of Conditions that have been previously applied in legislative applications for private schools and day care facilities within Loudoun County. The TLUC discussed the applications on September 15, Specific areas of discussion are included in the Issues section below. The TLUC voted (Higgins opposed; Volpe abstained) to recommend approval of the applications by the Board, subject to Conditions of Approval dated August 31, The Staff Report and associated attachments for the Board public hearing and Committee meeting preceding this action item can be viewed online on the Loudoun Online Land Applications system (LOLA) at search SPEX UPDATES: On October 4, 2016, staff received an from the Association s counsel (Attachment 3) stating that the Board of Directors of the Association had voted to approve a revised

3 Item 13b, SPEX , SPEX , SPEX ADAMS Center at Beaumeade Board of Supervisors Business Meeting October 20, 2016 Page 3 version of a parking agreement between ADAMS and the Association. However, ADAMS representatives have not yet confirmed approval of this Agreement. ISSUES: The Board discussed types of Conditions that the Board previously applied to private schools and day care facilities. Staff noted that these types of Conditions typically apply to schools and day care facilities classified as principal uses; however, the ADAMS school and day care are accessory uses. Staff recommended to TLUC that the Conditions of Approval for the ADAMS applications treat the accessory school and day care in a manner that is generally consistent with the approved Conditions for the Special Exception application for the Beth Chaverim Reform Congregation (located adjacent to the site of the proposed ADAMS use). The TLUC also discussed Condition of Approval #9, which would restrict the simultaneous conduct of ADAMS services in multiple units within the Cape Court condominium property. Staff clarified that this Condition would not prevent sub-groups of ADAMS attendees from worshipping or attending various activities in separate spaces within the proposed ADAMS unit (#120). During the TLUC meeting, Staff provided an update regarding a pedestrian warrant study for a potential crosswalk on Beaumeade Circle submitted by the Applicant to VDOT. On September 13, 2016, VDOT Staff notified the Department of Planning and Zoning via regarding the agency s determination on the proposed crosswalk; the agency found that the existing operation does not satisfy the VDOT criteria for installation of a crosswalk. The message from VDOT Staff is provided as Attachment 4. The ADAMS Center Request for Review of Crosswalk Determination submitted by Pennoni is available on the Loudoun County LOLA system, which can be accessed online as described above. Accordingly, following the TLUC meeting, Staff revised the Conditions to remove from Condition #8 the requirements related to a crosswalk. Staff has also recommended changes to Condition #9 to clarify the intent of this Condition by changing the term services to the SPEX Uses. Additionally, Staff has recommended new Condition #10, which requires that prayer services on Friday between the hours of 8:00 a.m. and 5:00 p.m. shall be scheduled such that there will be half an hour between the end of one service and the beginning of the next service to allow time for congregants to leave the building and clear the parking spaces for the use of the congregants attending the next service. The one remaining outstanding issue is the status of the On-site Parking Plan. As noted above, the Applicant is currently in discussion with the Association regarding the parking plan, as detailed in the letter from the Association (Attachment 5). Some TLUC members expressed a desire for the Association to approve the On-site Parking Plan prior to approval of the applications by the Board. However, Staff noted that, even if the Board were to approve the applications prior to the Association s approval of the On-site Parking Plan, the Applicant s initiation of the Special Exception uses would still be contingent on approval of the parking plan by the Zoning Administrator. The Conditions of Approval outline the criteria for the Zoning Administrator s review of the parking plan. Committee members also expressed the need for the parking plan to

4 Item 13b, SPEX , SPEX , SPEX ADAMS Center at Beaumeade Board of Supervisors Business Meeting October 20, 2016 Page 4 include elements of the current ADAMS parking management practices, such as signage directing ADAMS patrons away from some parking areas. The revised Conditions are included as Attachment 1. The Conditions have been reviewed by the County Attorney s Office. The applications are ready for action by the Board. FISCAL IMPACT: There is no discernible, immediate fiscal impact on County expenditures associated with the SPEX applications. ALTERNATIVES: The Board may approve, deny, or forward the applications to a future Board Business Meeting or the Transportation and Land Use Committee for further discussion and action. DRAFT MOTIONS: 1. I move that the Board of Supervisors approve SPEX , SPEX , SPEX , ADAMS Center at Beaumeade, subject to the Conditions of Approval dated September 22, 2016 (Attachment 1 of the October 20, 2016 Action Item), and based on the Findings for Approval (Attachment 1 of the October 20, 2016 Action Item). OR 2. I move that the Board of Supervisors forward SPEX , SPEX , SPEX , ADAMS Center at Beaumeade to the Transportation and Land Use Committee for further discussion. (A timeline extension would need to be approved by the applicant.) OR 3. I move an alternate motion. ATTACHMENTS: 1. Conditions of Approval dated September 22, Findings for Approval 3. from Noah Klein dated October 4, from Clyde Wallace, VDOT dated September 13, 2016 regarding VDOT determination on a proposed crosswalk on Beaumeade Circle 5. Letter from Cape Court Commercial Condominium Unit Owners Association dated September 13, Vicinity Map

5 CONDITIONS OF APPROVAL, SPEX , SPEX , SPEX , ADAMS Center at Beaumeade (September 22, 2016) 1. Substantial Conformance. - The development of the Special Exception Uses described in Condition 2 below shall be in substantial conformance with Sheets 1 through 4 of the plat entitled ADAMS Center, Beaumeade Circle, dated June 2, 2014, and revised through March 18, 2016, prepared by Sanie Consulting Group, LLC (the SPEX Plat ) incorporated herein by reference, and the 1993 Loudoun County Zoning Ordinance (the Zoning Ordinance ). Approval of this application for the parcel identified as Tax Map Number /80/31P2/120/ (PIN: ) as delineated and labeled as Unit 120 on Sheet 2 of the SPEX Plat (the Property ), shall not relieve the Applicant or the owners of the Property, their successors, or parties developing, establishing, or operating the approved SPEX Use, from the obligation to comply with and conform to any other Zoning Ordinance, Codified Ordinance, or regulatory requirement. The approval of these special exceptions does not require that every use identified be implemented or maintained. 2. Use Permitted. - These Special Exceptions grant approval of the following special exception uses (the SPEX Uses ): (i) a mosque, together with permitted accessory uses, including accessory child care/day care, as a use similar to Church, synagogue, and temple which is permitted by-right under Section and Section of the Zoning Ordinance, but requires a new Special Exception, pursuant to Zoning Ordinance Section , to modify the conditions of approval of SPEX , Beaumeade Corporate Park; (ii) a private school, accessory to a church, under Section 4-504; and (iii) a parking reduction and a shared parking adjustment, under Section (F). The maximum use and occupancy of Condominium Unit #120 (PIN ) shall also be limited to the maximum occupancy permitted by building and fire codes. 3. Accessory Child Care Center. The total area of the accessory child care/daycare use shall be limited to 1,350 square feet (SF) as shown on the SPEX Plat, and the total number of children accommodated by this use at any one time shall not exceed Private School Classroom Space. Classroom space for the private school, accessory to church use shall be limited to 2,439 SF as shown on the SPEX Plat. 5. On-site Parking. On-Site parking for the SPEX Uses shall be limited on the common areas of PINs and Off-site Parking. Consistent with a previous, similar special exception approved for the subject property, PIN , Applicant shall make and maintain arrangements in the form of an agreement, letter of permission, or other appropriate documentation, to provide additional parking off-site to accommodate any combination of functions or uses at the ADAMS Center for which there would not be enough on-site parking available. Such arrangements shall provide for the availability of off-site parking to accommodate functions attended by more than 200 people attending between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. This condition is currently satisfied by the correspondence dated February 22, 2016 from the Christian Fellowship Church located on PIN Prior to first site plan approval for the mosque use, documentation Attachment 1

6 will be provided by the Applicant verifying that the foregoing arrangements, or other acceptable arrangements, are in effect. 7. On-site Parking Plan. Prior to issuance of any zoning permit or approval of any site plan for any of the SPEX Uses, the Applicant shall submit to the Department of Planning and Zoning a plan for the management of on-site parking (the On-site Parking Plan ) during religious services. This On-site Parking Plan shall be reviewed and approved by the Zoning Administrator as being consistent with the Zoning Ordinance and not inconsistent with the applicable condominium covenants. Such approval by the Zoning Administrator shall satisfy this condition for the purposes of issuance of a zoning permit or approval of a site plan. The On-site Parking Plan shall, at minimum, include the following: (a.) Designated locations of on-site parking spaces where ADAMS Center patrons may park, and a description of what procedures will be followed in order to limit on-site parking for ADAMS Center patrons to the parking spaces in such designated locations; (b.) Procedures to promote the safety of pedestrians within the parking lot; and (c.) Procedures to allow for safe vehicular ingress to and egress from the on-site parking area. 8. Off-site Parking Access Plan. Prior to site plan approval for any of the SPEX Uses, the Applicant shall submit to the Department of Planning and Zoning a plan to demonstrate that safe access by means of vehicular transportation (e.g., a shuttle service) will be provided to and from the Christian Fellowship Church parking lot and the ADAMS Center (the Off-site Parking Access Plan ). Approval of the Off-site Parking Access Plan by the Zoning Administrator shall satisfy this condition for the purposes of approval of a site plan; provided, however, that Applicant shall implement and continue to execute the Off-site Parking Access Plan on an ongoing basis. 9. Multiple Units. Applicant shall not conduct or permit the SPEX Uses to be conducted simultaneously in multiple condominium units within the Cape Court Commercial Condominium property. While this condition does not prohibit the Applicant from conducting the SPEX Uses in either Unit 100 or Unit 120, this condition does preclude the Applicant from conducting the SPEX Uses at the same time in each Unit. 10. Hours. Prayer services on Friday between the hours of 8:00 a.m. and 5:00 p.m. shall be scheduled such that there will be half an hour between the end of one service and the beginning of the next service to allow time for congregants to leave the building and clear the parking spaces for the use of the congregants attending the next service. Note: The Applicant has agreed to provide a one-time $0.10 per square foot of building area contribution for volunteer fire and rescue services prior to zoning permit approval. The contribution shall be adjusted annually from the base year of 1988 and change effective each January 1 st thereafter, in accordance with changes to the Consumer Price index for all urban consumers (CPI-U), =100 (not seasonally adjusted) as reported by the United States Department of Labor, Bureau of Statistics for the Washington- Baltimore, MD-VA-DC-WV Metropolitan Area.

7 FINDINGS FOR APPROVAL 1. The proposed special exception for a worship center, private school for religious instruction, accessory to a church, and accessory daycare use is consistent with the land use policies of the Revised General Plan. 2. Not for-profit civic uses that are dedicated to social, recreation, religious, educational, or charitable services are envisioned in the Route 28 Business area, as outlined in the Revised General Plan. 3. Civic uses currently exist in the Beaumeade Corporate Park, including Beth Chaverim Reform Congregation and Loudoun Bible Church. However, there is no limit on the amount of public and civic uses recommended in the Route 28 Business area as defined in the Plan. 4. The proposed uses will not adversely affect the roadway network in the vicinity of the site as consistent with the 2010 Countywide Transportation Plan. 5. The Applicant has provided a letter of permission to have use of off-site parking at the adjacent Christian Fellowship Church to mitigate potential parking conflicts with other corporate park tenants. Further, parking spaces are not assigned at Beaumeade Corporate Park or Cape Court Condominium and as such are available on a first-come, first-serve basis to all tenants equally. 6. The application conforms to the requirements and performance standards outlined in the 1993 Zoning Ordinance. 7. The Conditions of Approval do not impose a substantial burden on the religious exercise of the Applicant, are in furtherance of compelling governmental interests, are the least restrictive means of furthering those compelling governmental interests, do not treat the Applicant s proposed religious assembly use on less than equal terms with a nonreligious assembly use, and do not discriminate against the Applicant s proposed religious assembly use on the basis of religion or religious denomination. Attachment 2

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12 Vicinity Map Attachment 6