Town Council Meeting

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Wednesday, July 12, 2023 7:30 PM Vienna Town Hall, Town Council Chambers, 127 Center Street S Joint Public Hearing with Planning Commission on Code Create Invocation: Mercury Payton, Town Manager Mayor Linda Colbert called on Mercury Payton, Town Manager, to provide the evening’s invocation. Pledge of Allegiance to the Flag of the United States of America 1. Roll Call Council Member Chuck Anderson; Council Member Ray Brill; Council Member Steve Potter; Council Member Ed Somers; Council Member Howard Springsteen and Mayor Linda Colbert. Absent: Council Member Nisha Patel Present: 6- Council Member Chuck Anderson, Council Member Ray Brill Jr., Council Member Steve Potter, Council Member Ed Somers, Council Member Howard J. Springsteen and Mayor Linda Colbert Absent: 1- Council Member Nisha Patel 2. Public Hearings A. 23-3899 Code Create Vienna: Joint Public Hearing (day 2) on Draft Chapter 18 - Zoning and Subdivision Ordinance. Mayor Colbert called the Joint Public Hearing to order at 7:35 PM with all Council present. Also present were the following members of the Planning Commission: Mathew Glassman; Stephen Kenney; Jessica Plowgian; Jessica Ramakis Absent: Keith Aimone; Deepa Chakrapani; David Miller Mayor Colbert opened the public hearing by once again thanking the Planning Commission, the Town Council and Town Staff for the work put forth to bring the draft forward at this time. She reminded all that it is a draft and that Council and the Planning Commission are here to listen to all comments. Public written comments will remain open until July 26, 2023. Council will refrain from commenting tonight, but they are listening and all comments are recorded. The next step will involve organizing all comments and returning those comments to Council (with Code reference where required). A meeting will be set for late August to review the draft again in light of public comments and to determine any changes. Christina Tyler Wenks, Great Falls Ms. Wenks noted that she is a resident of Great Falls and a board member of the Town of Vienna Page 1 Printed on 8/29/2023 Town Council Meeting Meeting Minutes July 12, 2023 Analemma Society (nonprofit partnered with Fairfax County Park Authority) tasked with providing science education through astronomy at Observatory Park in Great Falls, VA. “We serve all of you. We thank you for your International Dark Skies proclamation and now for addressing the ordinances that will impact the quality of our lives for decades to come. Vienna has an opportunity here to lead Northern Virginia by mandating responsible outdoor lighting at night that prioritizes the health of residents and wildlife while still maintaining the historic small town character of this growing community. Research shared this month in the Washington Post and several science magazines illuminates the impact of artificial light at night on all living things. By May of this year Observatory Park exceeded last years’ 4000 visitors. Popularity is growing but with the artificial light at night doubling every ten years our local treasure is threatened. Fifteen years ago the Milky Way was visible. Light trespass violates the rights of others and their health. Vienna’s lighting ordinance should require fully shielded light fixtures like those required by Middleburg, VA, which simplified its lighting ordinance to eliminate confusion and ambiguity for residents and law makers and for code enforcement. Vienna’s ordinance must include guidelines for aesthetic landscaping as well. Success requires everyone – np property should be grandfathered in, no waivers for developers. Tuscan, AR did it and they cut their costs! To those who say that lighting is essential to safety, cheap LEDs are brighter and they’re often used incorrectly causing glare and safety issues. We can use infrared cameras. Simple steps to reduce light pollution include: 1) Pointing light downward, 2) Using dimmers, timers and motion sensors, 3) Replacing blue and white lights with warm lights, and 4) Turning off lights when not needed. Light pollution is a human caused climate change that we can change. It is reversible. We hope that you lead the way”. Roy Baldwin, 121 Moore Ave., SE “Thank you for your service and all you have done in this monumental effort. I represent the Board of Architectural Review (BAR) as Chairman. We do not have our report/recommendations ready yet. But when it is submitted it will be the product of hours of study and discussion. Tonight I’d like to recognize contributions of fellow BAR members, Michael Cheselka, Patty Hanley, Paul Layeer and Linda VanDoorn and Town Staff who have been so helpful and responsive, especially Sharmaine Abaied and Kelly O’Brien, just to mention a few. Special commendation goes to Intern Brent Miller who provided very useful visual displays on short notice. It is because of the dedication of these people that I am confident the document you will receive will be useful and easy to read”. Mike Mittel, 1007 Westwood Dr., NE “Thank you for all who worked on this document. My comments tonight will focus on the Avenue Districts. One of the things that we should seriously consider is how much we want to include upper level residential along the busiest part of Vienna. I realize there is a push for high density mixed use but we Haven’t had much success with that. We have Vienna Market with residents in place but, so far, no commercial. Mixed use I’ve observed in locations such as Falls Church appear to have a lot of vacancies. Our focus for Central Vienna should be on commercial needs and services. Additionally, I still prefer 35 ft. height restrictions. The proposed 42 ft. for Avenue Center may become abit of an urban canyon. It also will conflict with the architecture of Church Street. Lastly, if we are going with residential along the corridor we need to see what can be done to make it affordable. Vienna needs a mix of housing”. Town of Vienna Page 2 Printed on 8/29/2023 Town Council Meeting Meeting Minutes July 12, 2023 Lea Giovanniello, 317 Broadleaf Dr., NE “I would like to read something submitted by the Conservation and Sustainability Commission along with Kirkland & Ellis Law firm. This is an excerpt from the October 2022 document entitled Trees in Vienna; A Review of Programs to Help Vienna Manage Its Tree Canopy. Vienna’s code does not contain a requirement to undertake efforts to meet the tree canopy requirements through the preservation of existing trees. In Vienna, a developer or property owner is free to choose which, if any, trees to preserve, and which to cut down. By contrast, Fairfax County’s tree ordinance requires, where feasible, that preservation of trees be the first option. Fairfax County’s ordinance contains the following provision: ‘When existing trees meet standards of health, condition, and suitability, and when it is feasible to preserve those trees within the framework of permissible uses, densities, design standards, and construction practices, all efforts shall first be made to meet the tree canopy requirement through the preservation of trees before tree planting is allowed to meet any portion of the tree canopy requirement.’ (Fairfax County Code of Ordinances, Section 122-2-2. Sam Ressin, 309 Ayito Rd., SE “I’m looking for a place to live on my own in my home town, but today I cannot afford that. Today, I speak in support of more housing options in Vienna so that I, and others, can afford to stay in town. Will someone help me find something that I can afford? Vienna is where I grew up. It is where I went to elementary, middle and high school. I’d like to stay, if the town will have me. Yet I fear that won’t be possible. I looked at the proposed zoning map in hopes of seeing a diverse and abundant amount of housing options like townhouses, duplexes, apartment buildings and small starter single family homes. My heart sank when I saw that the overwhelming majority if residential space is reserved for large single family housing, which requires an income that I don’t have and most likely will not have for many years. Town Council, can you please save some housing options for people like me who are just starting out in our careers and lives? Can you let me stay in the town I grew up in? I picture myself living in an apartment along Maple Avenue, living without a car so not to contribute to traffic because I can walk or bike to stores around town. That won’t be possible if residential multi-unit and upper residential housing can only be built as permitted use in tiny squares of the zoning map and under height limits that are too restrictive while leaving huge areas that are off limits to a healthy stock of housing diversity. Please don’t restrict my freedom to live where I choose. Allowing for diversity of housing options along core transportation arteries is good for the environment, good for the town and good for young people like me. Don’t worry if you think that someone might not want to live above the grocery store or other commercial space. Just allow housing to be an option and let people decide to live there is they want. As my Mom always says ‘There’s a lid for every pot’. I smile when I think of my Vienna memories. It’s where I earned the Eagle Scout rank with Council Member Springsteen’s son Timmy. It’s also where I proudly sang in Madison’s choir with Mayor Colbert’s daughters. I’ve gone on a lot of adventures since graduating from high school in 2016, but Vienna has remained my rock in times of change. I want the joys of a Vienna life to be available to all people. There’s no good reason to limit diverse housing options to amount so small as to not make a difference. Town Council, Vienna is my home town. I’d like to stay if you’ll have me”. Linda Belk, 401 Holloway Ct., NE “I’ve been a member of this community for over fifty years. I’ve personally served on the board of a local civic association, North East Vienna Civic Association, NEVCA, for twenty years. None of you were on Town Council when I was awarded the Town of Vienna Page 3 Printed on 8/29/2023 Town Council Meeting Meeting Minutes July 12, 2023 volunteer of the year. As a matter of fact, our neighbor, Jim Martinelli, was our Mayor when I began to play with neighborhood children in the parks around Vienna. I’m up here tonight, not to praise your work, but to find out what your intentions are with what remains of our original ‘gift for public use forever’ of 16.07 acres known as Beulah Rd Park. I respectfully request this answer in writing as soon as possible. To the point of tonight’s public hearing, I object to the proposed zoning changes when it comes to the current zoning of the remaining eight acres of Beulah Rd Park, as residential RS12.5. While this was the only zoning code available at the time when the zoning code came into being, it begs the question, why was the proper zoning code of Public Reserve (PR) not applied when that code became available? Again, your complete explanation in writing as soon as possible is requested. I am presenting tonight photographs from our published Town Comprehensive Plan. The 1997 plan, adopted by Town Council, clearly shows Beulah Rd Park as Parks and Recreation. The 1993 map clearly shows Beulah Rd Park as Parks and Recreation use. And the same goes for the 2000 map. This is not our first rodeo. NEVCA provided a resolution to Town Council in 2003, twenty years ago, to stop using Beulah Rd Park as a Public Works dumping ground and to restore it to it natural wooded character. The public hearing before the BZA in 2004 had testimony from citizens regarding Beulah Rd Park and their support for applying the proper zoning code. Again, the citizens surrounding the park signed petitions and I personally presented all 210 of them to you last year requesting that the park be properly zoned and restoration processes initiated. What actions have you taken to work with the citizens to achieve that goal? In conclusion I request the Town of Vienna add what is left of Beulah Rd Park under the Park Zoning code. I suggest also allowing citizens to provide input as to Public Reserve (PR) for Parks and Recreation or Parks Conservation (PC) Zoning code”. Sandy Shinn, 511 Kibler Circle, SW “I’ve lived in Vienna since 1995. I’m stunned by the loss of tree canopy and I fear we’ve actually lost more than was reported in the 2021 study due to the continued development throughout town. I’m not sure if there is a place in the code for this kind of thing, but there is a section on lot coverage where builders are only allowed to cover a certain percentage of the lot. The remaining percentage is what should be holding the trees. There should be some mention for builders to preserve, where possible, existing trees. I know there was an ordinance proposed at a previous meeting and I just don’t want to see that proposal go fallow”. Mayor Colbert called for additional speakers. She reminded residents that speakers are limited to one opportunity per any given public hearing. Additional comments from those residents who have already spoken should be submitted in writing. With no further comment, Mayor Colbert called for a motion to close the public hearing. A motion was made to close the joint public hearing of the Town Council and the Planning Commission, on the proposed draft Chapter 18 - Zoning and Subdivision Ordinance. Council Member Anderson; second, Council Member Springsteen. Motion carried unanimously. A motion was made by Council Member Anderson, seconded by Council Member Somers, that the Action Item be Failed. The motion carried by the following vote: Town of Vienna Page 4 Printed on 8/29/2023 Town Council Meeting Meeting Minutes July 12, 2023 Aye: 6- Council Member Anderson, Council Member Brill, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert Absent: 1- Council Member Patel 3. Meeting Adjournment Mayor Colbert called for a motion to adjourn at 8:00 PM. Motion, Council Member Springsteen; second, Council Member Potter. A motion was made by Council Member Howard J. Springsteen, seconded by Council Member Steve Potter, that the meeting be adjourned. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert Absent: 1- Council Member Patel 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) 255-6304, OR 711 VIRGINIA RELAY SERVICE FOR THE HEARING IMPAIRED. Town of Vienna Page 5 Printed on 8/29/2023