Windover Heights Board of Review

127 Center Street South Town of Vienna Vienna, Virginia 22180 p: 703.255.6341 TTY 7111 Meeting Minutes - Final Windover Heights Board of Review Tuesday, December 5, 2023 7:30 PM Vienna Town Hall, Town Council Chambers, 127 Center Street S The Windover Heights Board of Review met in regular session at 7:30 PM on Tuesday, December 5, 2023, in the Council Chambers, Town Hall, 127 Center Street, South, Vienna, Virginia. Chairwoman Theresa Bachmann, Michael Cheselka, Stephen Kenney, and Craig Burns were present. Also in attendance, and representing town staff, were the Town’s Zoning Administrator, Andrea West, Town Engineer, John Sergent, and Clerk to the Board, Jennifer Murphy. Julie Kyllo is absent. Roll Call Julie Kyllo is absent. Approval of the Minutes: There being no corrections the August 1, 2023, meeting minutes were accepted into the record. WHBR - August 1, 2023 Meeting Minutes Regular Business 23-4126 Request for a recommendation to Town Council for the necessity of Public Improvements adjacent to property located at 288 Windover Avenue NW, per Town Code Sec. 18-280.3, Docket No. PF-1150891-WHBR, in the RS-16, single-family detached residential zoning district; filed by Patrick Ohlhorst, of Cloud IX Homes, LLC, on behalf of the property owners, Michael & Mary Parks. Town Zoning Administrator, Andrea West provided staff’s report, stating that the subject property addressed as 288 Windover Avenue NW, is situated within the Windover Heights Historic District. The applicant is requesting recommendation from the board to Vienna Town Council from the necessity of public improvements adjacent to the subject property. Tonight’s discussion will be specific to public infrastructure. Review of the proposed house design will occur under a separate application review process. Ms. West stated that the 1.1-acre lot, zoned RS-16, is located within the Windover Heights Historic District and bounded by 4 streets: Short Street NW, Windover Avenue NW, Pleasant Street NW, and Lovers Lane NW. Presenting areal views Ms. West further explained that public improvements includes dedication of right-of-way widths along Windover Avenue and Pleasant Street NW, design of curb, gutter, and sidewalk with storm drainage along Windover Avenue, Pleasant Street, Lovers Lane, and Town of Vienna Page 1 Printed on 2/7/2024 Windover Heights Board of Review Meeting Minutes - Final December 5, 2023 Short Street NW. Ms. West introduced Town Engineer with the Department of Public Works, John Jay Sergent who will answer technical questions, specifically related to town public improvement requirements related to Town Code Section Sec. 17-67.1. Per code language, town improvements are subject to the same review by the board. The Windover Heights Board of Review (WHBR) reviews aspects of what the Town and/or applicant would be responsible for. Current conditions and approximate locations for proposed improvements have been provided in the board’s review materials. Provided code sections dictate review requirements for dedicating land along with requirements for completing sidewalk. She stated that construction of these elements requires curb, gutter, and ADA compliant features, which would be the responsibility of the Town. A provision under the WHBR section of the code includes language specifying a process with WHBR providing a recommendation to Town Council by memorandum on whether public improvements on the property are necessary. Town staff has provided a list of possible recommendations, which were included in the staff report. She stated that these are only recommendations. Board members can craft motions as appropriate. Chairwoman Bachmann thanked staff, stating that the review is currently in context with single-family development. She asked staff to further explain any conditions for their review. Ms. West explained that tonight’s application is not a complete site plan but an application, as laid out, under the Town Code’s process. The Board will hear a set of facts and make a determination based upon those facts. As the project moves forward, staff will ensure that the project is in substantial conformance with those facts. A subdivision would still require WHBR review per the same code section for public improvement design. Chairwoman Bachmann thanked Ms. West for the clarification. Mr. Burns asked if there is precedent for this type of review. Ms. West answered that this is the first time that the board is reviewing an application under this provision, which went into effect in 2021. Chairwoman Bachmann invited the applicant forward. Patrick Ohlhorst, of Cloud IX Homes, LLC, was present representing homeowners, Michael & Mary Parks, owners also present. Mr. Ohlhorst stated that there may have been one property that was required to construct curb, gutter, and sidewalk in the Windover Heights Historic District since 2021. Ms. West stated that she would verify and confirm the date. Mr. Ohlhorst stated that the subject property is unique as it is surrounded by four streets. The owners selected this property due it its charm provided by the historic district. He is familiar with the board’s general review process having constructed the Quenneville’s house at 303 Windover Avenue NW. Mr. Ohlhorst stated that he also cares how the property is developed; both for the owners and for the neighborhood. The owners are looking to retain the character of the property and current tree canopy coverage as it is. Since 2021, the Mayor and Town Council began officially enforcing construction of sidewalk, curb, and gutter for properties that do not already have curb and gutter. Although that is the verbiage within the code, he did not believe that to be the general intent. He hoped to see it revised by Town Council and that the Board would provide a strong recommendation rejecting and disallowing construction of any sidewalk and/or curb and gutter improvements along the property. He noted that currently, at least 32 trees, would need to be removed to meet the Town’s public improvements requirements for sidewalk and meeting potential road conditions around the property. Vienna Town Code Section: §17-67.2, adopted in 2021, states that, “…the developer of any lot that fronts an existing street shall dedicate land, construct a sidewalk, and connect such new sidewalks to the existing adjacent sidewalks. Any such sidewalk shall be constructed in the course with the standard set forth in the side code…” Town of Vienna Page 2 Printed on 2/7/2024 Windover Heights Board of Review Meeting Minutes - Final December 5, 2023 Mr. Ohlhorst stated that there is an Option B, which states that, “…upon application by the developer to the town, the Town Council designates the Director of Public Works to waive in exceptional circumstances…”. Additionally, there is another code section requiring review under WHBR to obtain their recommendation as well. That recommendation can be the will of the Board, neighborhood, and that of the community. He stated that this code is potentially in conflict with another part of the code that says sidewalk would be required, which also includes escrow. If something is in conflict, he asked if it says that one is more important than the other. He did not believe this to be something that any neighbor, directly affected and beyond, wants to happen, which is a unique situation. As the property is currently in substantial disrepair and a health hazard, the owners want to provide a new single-family development that will complement and tie in with the neighborhood. The Board further discussed the following: • Trees: without improvements, the applicant estimated approximately 0-4 trees needing to be removed for the new single-family construction process. • Dedication versus easement: current code regulation requires dedication of property when ROW is less than ultimate conditions. There are no town easements proposed for the subject property. Short Street and Lovers Lane would require approximately 35 ft of ROW. There may be no necessary dedication of ROW for Windover Avenue or Pleasant Street NW. The applicant is taking up the matter of necessary easement dedication along with designation of funds required if a waiver is required. Due to the land being taken the applicant did not feel it should require escrow. • Stormwater management and current effects on downstream properties. The Town attempts to control water that flows through town ROW. Chairwoman Bachmann invited members of the public to comment on the application. Chuck Anderson, residing at 125 Pleasant Street NW, stated that for this application he wears many hats. As a neighbor residing downhill from the subject location, a former member of WHBR serving over ten (10) years, a former Planning Commissioner for many years, and as a current member of Vienna Town Council. He stated that there are issues that this application brings forward that are not germane to the Board’s review but will be specific to the Town Council’s review. As a councilmember he could not see a scenario that would require WHBR waiving requirements from escrow, stating that is a legal discussion that should not require the Board to comment. As a neighbor, Mr. Anderson has experienced his own issues with storm water management from large developments occurring upstream from his property. These developments were prior to the 2014/2015 Town Code change. At that time developments were not required to meet the condition of no additional stormwater runoff for post construction, which required extensive amounts of money to correct. Mr. Anderson stated that he regularly walks his grand dog around this property every single day. As a pedestrian it is hard to argue that there is a real need for sidewalks. Both Lovers Lane and Short Street NW currently operate as sidewalks with little to no car traffic on either street. Improvements for Pleasant Street and Windover Avenue NW could be handled differently. There is the potential to re-engineer Pleasant Street NW, which is currently a stormwater management nightmare. If escrow were granted, he would want a strong caveat noting that they need to get the stormwater management right, so it does not affect downstream properties. He would support that, having accepted curb, gutter, and sidewalk in front of his own house on Pleasant Street NW. It is also good for the community. With Town of Vienna Page 3 Printed on 2/7/2024 Windover Heights Board of Review Meeting Minutes - Final December 5, 2023 respect to Windover Avenue NW, he stated that is different as it does not have curb, gutter, and sidewalk. Being a part of the historic district they need to be very creative with what is done along Windover Avenue NW. With respect to trees, although he loves the trees on this property, there are likely a number of mature trees, either dead or dying, that will need to be removed. As a sitting council member, he will be reviewing the Board’s recommendation. He stated that he respects the expertise of the board, which is to review the application from a historical perspective. Any requirements for sidewalks are a legal requirement under the Town’s statute, which incentivized to create sidewalks all over town. He recognizes that Windover Heights is a very different area that has its own exception requirement, but he sees no provision that allows them to waive escrow. That is part of the requirement when developing a property in the Town as it is laid out in the Town’s Code. He reiterated that the Board should focus on the historic district’s issues and set any consideration of escrow aside. Concluding his comments, Mr. Anderson was seated. Lee Curtis, residing at 277 Windover Avenue NW, located across the street from the subject property, stated that he has lived in his house for 25 years. He has always wanted sidewalks. He is aware of the general neighborhood opposition. For safety reasons he has wanted sidewalks. Currently, with the additional town homes, he has noticed more foot and vehicular traffic through the neighborhood. It comes down to safety, which he does not see how sidewalks undermine the historic district or take away from the neighborhood. He also likes the trees and does not want to see any cut down. He is interested in a compromise rather than clearing a path for a straight sidewalk, supporting a creative solution. He referenced the pathway installed along Church Street NE that meanders around the trees. Mr. Curtis reiterated that he supports sidewalks for safety with consideration for trees. Concluding his comments, Mr. Curtis was seated. There being no further comments, Chairwoman Bachmann stated that staff received written public comments from the following residents: Jim and Nancy Preston, Max Aronin, Judi and David Medwedeff, Al and Sally Quenneville, Fred Stapelton, Paul and Carol Layer, Young Ho and Sandy Chang, and Tom and Lindy Stevens all in support for not requiring sidewalks. Further discussion followed regarding the staff’s suggested options for recommendation and whether to hold a work session for further discussion. Paul Layer, owner of 317 Windover Avenue NW, stepped forward to speak. Mr. Layer stated having listened to tonight’s discussion that there is still confusion between dedication and easement. An easement, as he understands it, is an allocation of land but not a taking of land. Meaning that the town has the right to install utilities or whatever necessary in the easement. A dedication is a taking of land. He asked which is being proposed as that has not been clarified in the discussion. Chairwoman Bachmann answered that to some degree is beyond their purview. Mr. Layer stated that comments were made during discussion whether to consider future dedication is something to consider. He stated that a prior Comprehensive Plan had included language that the Town determined it to be too difficult to install curb, gutter, and sidewalk in the historic district. This was due to its narrow streets and homes being situated so close to the street. Mr. Layer was not familiar with any other part of town that had the same physical restraint. Draft language, at that time, also indicated that it would be the most expensive street in all of Town. At the time, residents asked the Town to clarify and remove that portion of language from the plan. He stated that this subject has been brought forward, periodically, over the past 20 years. As it is a complicated subject, he supports the Town of Vienna Page 4 Printed on 2/7/2024 Windover Heights Board of Review Meeting Minutes - Final December 5, 2023 board holding a work session to further discuss the matter. Concluding his comments, Mr. Layer was seated. Chairwoman Bachmann thanked Mr. Layer for his comments, stating that she agreed that a work session would be appropriate. The applicant was asked to provide real world examples to help with work session discussions. Members of the board asked staff to provide further clarification on easement versus dedication. Concluding discussion, Chairwoman Bachmann called for a motion. Mr. Burns motioned that the request for a recommendation to Town Council for the necessity of Public Improvements adjacent to property located at 288 Windover Avenue NW, per Town Code Sec. 18-280.3, Docket No. PF-1150891-WHBR, in the RS-16, single-family detached residential zoning district, be deferred to a future work session. Motion: Burns Second: Cheselka Carried: 4-0 Meeting Adjournment There being no further discussion the meeting was adjourned at 9:00 pm. Respectfully submitted, Jennifer Murphy Clerk to the Board 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 2/7/2024