Subject:
Title
9:45 - 10:15 PM Annex Interim Conditional Use Permit (CUP) - Hours of Operation for Proposed Uses
Body
DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE:
Jan. 22, 2024
June 3, 2024
EXPLANATION AND SUMMARY:
In 2024, as the Town Council was working through the process to determine the long-term use for the Town-owned property at 301 Center St., S, (known as the Annex), the Town Council decided that it would be best to establish rules for its use until such time as the long-term use is chosen and implemented. The property is zoned for residential use (RS-10). Therefore, any uses not permitted in this residential zone must receive a Special Event Permit from the Town Manager before they may take place. An alternative discussed was for the Town Council to authorize an application to be submitted to the Board of Zoning Appeals (BZA) for a Conditional Use Permit (CUP).
The process for approval of a CUP includes a review by the Planning Commission, which then produces a recommendation to the BZA. The BZA makes the final decision, after holding a public hearing on the topic. For this process, the Town Council is the owner applying for approval, just any other owner of a property. Department staff acts as the agent of the Town Council. This process was followed, and a CUP was approved, for the property to be used for the temporary site of the Vienna Police Department. The Police Department was the property manager then. In this case, the Department of Parks and Recreation is the property manager.
After holding a work session on the topic, the Town Council voted, on June 22, 2024, that the CUP application should move forward. In doing so, it approved a series of proposed uses on the site for this interim period. Staff then prepared an application and brought it forward.
Staff presented the CUP application for the Annex property to the Planning Commission on Oct. 8, 2025, including the approved list of proposed uses. As part of the CUP review process, staff must provide detailed information on hours of operation for each proposed use. Staff initially proposed general hours consistent with the Town’s noise ordinance. The Planning Commission, after hearing comments from the public and holding a discussion, requested that staff return with a more detailed table specifying the frequency, duration, and hours of operation for each proposed use, with the presumption that certain uses should not be held as late as the noise ordinance allows.
Staff from Parks and Recreation, Public Works, and Police collaborated to prepare the attached table. The initial plan was for staff to return to the Planning Commission, as requested. However, a Council Member requested that staff return first to the Town Council so that the Council could discuss the hours of operation, leading to this agenda item.
The staff is requesting direction from the Council, as property owner, on the proposed table before proceeding to the Planning Commission and Board of Zoning Appeals to continue the CUP review process for interim uses at the Annex property.
Attachment 1: Proposed Use Table with Hours and Examples of Proposed Uses
Attachment 2: June 3, 2024 Presentation to Town Council
Departmental Recommendation: Staff recommends that Council provide direction on the proposed hours of operation table for the Annex CUP application.
Town Attorney Recommendation: The Town Council may direct staff to submit the proposed Conditional Use Permit application to the Board of Zoning Appeals for review and consideration, it its discretion.
Town Manager's Recommendation: I recommend the Town Council direct staff to present the proposed uses and related hours of operation for the Conditional Use Permit application for the Annex property to the Planning Commission and Board of Zoning Appeals, as presented.
PROPOSED/SUGGESTED MOTION
Recommended Action
“I move to direct staff to present the proposed uses and related hours of operation for the Conditional Use Permit application for the Annex property to the Planning Commission and Board of Zoning Appeals as presented.”
Or
“I move to direct staff to present the proposed uses and related hours of operation for the Conditional Use Permit application for the Annex property to the Planning Commission and Board of Zoning Appeals, with the following changes: [Council lists desired changes].”
Or
Other action deemed necessary by Council.