Town Council Meeting

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Monday, June 13, 2022 7:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Special Meeting - Lot coverage 1. Roll Call Present: 7- Council Member Chuck Anderson, Council Member Ray Brill Jr., Council Member Nisha Patel, Council Member Steve Potter, Council Member Ed Somers, Council Member Howard J. Springsteen and Mayor Linda Colbert 2. Regular Business A. 22-3179 Consideration of Approval and Intent to Adopt Zoning Ordinance Text Amendments for Section 18-15 and Section 18-169, Related to Lot Coverage Mayor Linda Colbert called the Special Town Council Meeting to order at 7:00 PM. Kelly O’Brien, Principal Planner, Planning Commission was present to present Item 22-3179 Consideration of Approval and Intent to Adopt Zoning Ordinance Text Amendments for Section 18-15 and Section 18-169, Related to Lot Coverage. Following a brief review, she set forth the Options for consideration as follows: • Option A - No change to the current code; remain at an upper limit of 25% lot coverage and up to 5% extra for an uncovered deck • Option B - The upper limits of 25% lot coverage and 5% deck coverage remain the same, but up to 400 square feet of that deck may be covered and not count towards lot coverage, with the following conditions: o Covered decks must be single-story and cannot be converted into conditioned, interior living space; o Covered decks cannot be located in the front yard**; and • Covered decks must provide for storm water BMPs in accordance with the Storm water Manual for Outdoor Living Areas and meet all criteria included in said manual. • Option C - An upper limit of 25% lot coverage, and up to 7% deck coverage, and up to 400 square feet of the deck may be covered and not count toward lot coverage, with the same conditions stated in Option B. • Option D has been included, per request of Councilwoman Patel, as it more accurately reflects her proposal - Same as Option C with elimination of the phrase “Decks, as regulated in section 18-169, may not cover more than five percent of the total area of a lot.” o Adding the following language: “G. Outdoor living coverage. Not more than an additional 6 percent of a lot shall be used for outdoor living coverage. Up to 400 square feet of this space may be a covered deck. The remaining portion of the additional 6 percent, or the entire 6 percent, may be constructed with an uncovered deck or a patio constructed with permeable material. These provisions are subject to the following conditions: a. Covered decks or patios must be single-story and cannot be converted into conditioned, interior living space; Town of Vienna Page 1 Printed on 7/14/2022 Town Council Meeting Meeting Minutes June 13, 2022 b. Covered decks or patios cannot be located in the front yard; and c. Covered decks or patios must provide for stormwater BMPs in accordance with the Stormwater Manual for Outdoor Living Areas and meet all criteria included in said manual. The Town Code, Chapter 18- Zoning, Article 18, Supplemental Regulations, Section 18-169.3. • Option E has been included per request of Mayor Colbert – F. Lot coverage. Not more than 25 percent of a lot shall be used for a combination of building coverage, covered by automobile parking spaces and access, stoops, porches, covered decks, sport courts, patios and terraces. Within the 25 percent calculation, not more than 22 percent of the lot may be used for building coverage (defined as houses and accessory structures). G. Not more than an additional 5 percent of a lot shall be covered by decks. H. Outdoor living coverage. Of the 5 percent deck coverage defined in Section 18-15.G, up to 400 square feet may be used for outdoor living coverage and not counted towards lot coverage defined in Section 18-15.F. Outdoor living coverage is subject to the following conditions: a. Patios, covered or uncovered, shall not exceed 100 square feet of outdoor living coverage. b. Covered decks or patios must be single-story and shall not be converted into conditioned, interior living space; c. Covered decks or patios shall not be located in the front yard; and d. Covered decks or patios must provide for storm water BMPs in accordance with the Storm water Manual for Outdoor Living Areas and meet all criteria included in said manual. The Town Code, Chapter 18- Zoning, Article 18, Supplemental Regulations, Section 18-169. **Staff notes that the text, as originally presented at the May 9, 2022 conference session, included language stating that a covered deck may only be located in the rear yard. Staff believes that there is sometimes confusion regarding which portion of a yard is the rear yard as opposed to a side yard. Therefore, staff suggests replacement language specifying that covered decks may not be located in the front yard. Mayor Colbert opened the floor for questions from Council: • Nonconformity under Option E – no change; • Extra 100 sq. ft. under Option E – permeable or nonpermeable; • Uncovered deck 400 sq. ft. under Option B – allowed in either back or side of house; • Anything with a roof falls into setback requirement. With no further questions, Mayor Colbert invited comments from Council. The following provides a summary of the comments: • Option B recommended by Planning Commission; • Option B allows owner to use entire 400 sq. ft. for both covered and uncovered; • Town character intimately associated with low lot coverage and sense of spaciousness – 25/5 supports this; • Additional lot coverage may create future snowball effect; • Must balance desires of long term residents with those of newer residents; • Concerned about defacto allowance for larger residences; • Option E provides protection against larger residences and allows for creativity in use of outdoor space; Town of Vienna Page 2 Printed on 7/14/2022 Town Council Meeting Meeting Minutes June 13, 2022 • Option B supports BMP; addresses stormwater issues; • Concerned about allowing uncovered deck on side yard; • Option E proposed to address all concerns voiced by residents – screened in porches, additional patio space; storm water abatement, and house size restriction; • Option A would strongly support the continued desire for sense of spaciousness; once outdoor space covered, lose sense of openness. With no further comments, Mayor Colbert called for a motion. A motion was made to approve and adopt Option C as presented after finding the amendments further good zoning practices. It was further moved to direct the Town Clerk to advertise the adoption of Option C. Motion, Council Member Patel; second, none. Motion failed. A motion was made to approve and adopt Option E as presented after finding the amendments further good zoning practices. It was further moved to direct the Town Clerk to advertise the adoption of Option E. Motion, Council Member Patel; second, Council Member Somers. Motion failed in a 2-5 vote. A motion was made to approve and adopt Option D as presented after finding the amendments further good zoning practices. It was further moved to direct the Town Clerk to advertise the adoption of Option D. Motion, Council Member Patel; second, Council Member Anderson. Motion failed in a 1-6 vote. A motion was made to approve and adopt Option B as presented after finding the amendments further good zoning practices. It was further moved to direct the Town Clerk to advertise the adoption of Option B. Motion, Council Member Potter; second, Council Member Springsteen. Motion passed in a 7-1 vote. A motion was made by Council Member Potter, seconded by Council Member Springsteen, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert 3. Meeting Adjournment With no further business, Mayor Colbert called for adjournment at 7:40 PM. Motion, Council Member Springsteen. THE TOWN OF VIENNA IS COMMITTED TO FULL COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT STANDARDS. 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