Town Council Work Session

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Conference Session Wednesday, February 2, 2022 6:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Code Create 1. Regular Business Council: Council Member Ray Brill Jr; Council Member Steve Potter (via ZOOM); Council Member Ed Somers (via ZOOM); Council Member Howard Springsteen; Council Member Chuck Anderson and Mayor Linda Colbert. Absent: Council Member Nisha Patel. Staff: Mercury Peyton, Town Manager; Shelley Kozlowski, Deputy Town Clerk; Tony Mull, Mike D’Orazio, Acting Planning and Zoning Director, Kelly O’Brien, Acting Deputy Planning and Zoning Director, Andrea West, Zoning Administrator, Christine Horner, Deputy Director of Public Works. Mayor Colbert stated for the record that Council Members Potter and Somers joined the meeting from their via ZOOM, from their residences, due to health reasons. A. 22-2887 Conference Session on CODE CREATE Vienna - Single-Unit Detached Residential Standards and Uses Mayor Colbert called on Mike D’Orazio, Acting Director, Planning and Zoning, Kelly O’Brien, Acting Deputy Planning and Zoning Director, Andrea West, Zoning Administrator and Christine Horner, Deputy Director of Public Works to present the Item for discussion. Acting Deputy Director O’Brien noted that the goal for this conference session is to review and provide feedback of comments from meetings with staff related to single-unit detached residential standards and uses, comments from the Planning Commission, and any additional thoughts on the draft articles as they relate to single-unit detached residential. Council noted for the record that going forward, hard copies would be appreciated. The following summarizes Council comments related to single-unit residential standards and uses. ARTICLE 3 - Uses and Use Specific Standards • Section 18-50 KEEPING OF CHICKENS and • Section 18-51 KEEPING OF DOMESTIC ANIMALS • Section 18-52 KEEPING OF HONEYBEES • Roosters shall not be permitted; • Consider changing “chickens” to “foul”; • Emu/Ostrich shall not be permitted; • Follow County standard for appropriate number of permitted foul; • Current owners of foul will be grandfathered; • Enforcement is complaint driven; • Consider residents with allergies when setting standards; • Vienna is a designated Bee City; Town of Vienna Page 1 Printed on 7/18/2022 Town Council Conference Session Meeting Minutes February 2, 2022 Comments from Planning Commission were reviewed with discussion as follows: • May wish to wait on standards for data centers in residential zones; • Residential and nonresidential electric charging stations are different from each other; • Residential electric charging stations should be allowed for personal use only; • Wait on standards for number of Farmers Market allowed; Allow market to determine number; currently only tax for prepared meals; consider food trucks as an example. Mayor Colbert called for a break at 7:15 PM; session resumed at 7:25 PM. B. 22-2888 Town Council Conference Session on proposed zoning ordinance text amendments for Section 18-15 and 18-168, Related to Lot Coverage and Porch Projections into the Front Yard Mayor Colbert reminded Council of the request to consider Lot Coverage be as a separate issue from Code Create discussion; it is currently on the February 7, 2022 agenda for vote. Mayor Colbert introduced Delegate David Bulova, Project Manager/Senior Planner, AMEC Earth & Environmental Incorporated, to assist with the discussion. The following summarizes Council comments to the four questions presented for discussion: 1. What problem is to be solved? • Provide more outdoor space without impeding natural filtration of water or increasing untreated water flow into current storm water management infrastructure; • Keep Vienna low density for single family while allowing flexibility for outdoor living; • Allow for screened patios; • Bring homes without storm water management into compliance by allowing increased coverage; • Preserve open space; • Allow residents to maximize home investment. 2. What are the unintended consequences to avoid? • Storm water management; impact on adjoining neighbors; • Less permeability, more runoff; • Burdensome expense for storm water management; • Larger homes; • Increased land disturbance; • Reduction of trees; tree preservation; • Untreated storm water flow; • Excess structures on lots; • Home price increase; • Failure of Council to compromise when addressing homeowner issues; • Overbuilding; change in massing appearance of lot; • Altering look and feel of neighborhoods; 3. What is an acceptable maximum lot coverage; Town of Vienna Page 2 Printed on 7/18/2022 Town Council Conference Session Meeting Minutes February 2, 2022 • Accept current standard; • Twenty-five percent for structure and impermeable surfaces; maximum 5% for permeable surfaces; • Consider additional one or two percent increase provided that Town gets something in exchange i.e.: storm water mitigation, additional trees; • Twenty-five percent plus 7% for screened in patio or deck (allow a deck to accommodate both screened space and uncovered space); • Thirty percent. 4. Which, if any, of the six options presented is supported? • Amended 5b; allow smaller home and larger deck; • Amended 5b; under certain conditions allow one or two percent additional- must provide additional trees or storm water mitigation; • Option 5b; only minimal effect on permeability; • Amended 5b; must address potential for larger homes; • Option 1. Mayor Colbert recognized Delegate Bulova who provided an overview of considerations for storm water management of small spaces. A summary of his comments follows: • Two options for storm water management of small impervious surfaces exist; 1. Request DEQ approve a more stringent local storm water requirement. Creation under the Storm Water Management Act; 2. Technology based criteria which eliminates DEQ approval. Creation through Zoning Codes. • Technology approach most feasible; assistance available through Northern Virginia Soil and Water Conservation District (mandated to provide guidance to individual property owners); • Option to charge fee in lieu of homeowner mitigation would require DEQ approval and amendment of storm water management code and zoning code; this option can create potential runoff on neighboring property; Discussion regarding implementations of standards: • May take two or three months to tailor standards to Town and make applications available; possible to reduce this time frame through BMP use; removing engineering from process will require establishment of ratios for storm water management facility to impervious surface in sliding scale; • Should consider process that can be available to homeowners ASAP; • Caution against rushing decision; must give ample time to weigh storm water management options; • Adding screened patios to uncovered deck option (5% coverage) does not address issue of adding outdoor space, it merely changes how existing space can be used; • Should consider including additional outdoor space that may or may not be covered, with storm water management required; • Existing patios already counted in 25% coverage, so under current code, resident has option to cover; • Technical approach with homeowner responsible for storm water management system considered BMP; maintenance compliance difficult to manage; Town of Vienna Page 3 Printed on 7/18/2022 Town Council Conference Session Meeting Minutes February 2, 2022 • Removing patios from 25% will allow for larger homes and moves impermeable space into category that was permeable; • Recommend changing additional coverage from percent to square foot; General consensus: Option 5b + 400 square feet lot coverage; patios should remain as part of 25% coverage; Town Manager should direct Staff to begin work on Storm water best management practices. Mayor Colbert turned the discussion to front porches. Comments from the brief discussion included: • Disrupts consistency of front plane; • Creates increase of building envelope for new construction; • Setback could be used to take advantage of lot coverage to build larger home; • Create proportion issues. The front porch item will be added to the February 28, 2022 agenda. Council agreed to remove Lot Coverage from the February 7, 2022 agenda and to archive Lot Coverage Options three, four and five. ARTICLE 4 - Development Standards – Single-Unit Detached Residential Uses • Section 18-72 ACCESSORY STRUCTURES • Section 18-74 DRIVEWAYS AND OFF-STREET PARKING; • Section 18-75 EXTERIOR LIGHTING Discussion included the following: • New language proposed for driveway will create basic standard that must be maintained; applies to new construction only; • Concerned about 18-foot requirement for entire length of driveway; if long driveway, square footage is used up in driveway; limit 18-foot requirement to turn around; • Eighteen-foot requirement proposed so forestall future issues where homeowner applies for variance because of need for more parking space; • No current code for lighting; • No current code for patio setback; • Setback would aid with runoff issues; • Should be included in code rewrite. Town Manager Payton reviewed the next steps: • Update based on suggested changes; • Create video for website; • Community conversation event February 16, 2022. 2. Meeting Adjournment Adjournment Mayor Colbert concluded the Conference Session at 10:15 PM. 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 4 Printed on 7/18/2022