Subject:
Title
8:50 p.m. - 9:30 p.m. Necessity of Public Infrastructure at 288 Windover Avenue NW
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BACKGROUND SUMMARY:
The applicants, property owners Michael and Mary Parks, in consultation with Patrick Ohlhorst of Cloud IX Homes, LLC, are proposing to demolish the existing single-family home and construct a new single-family home at 288 Windover Avenue NW. The property is within the Windover Heights Historic District.
For single-lot redevelopment projects, the Town requires that public infrastructure be designed and implemented. Specifically, the Town requires that owners construct sidewalks on portions of the property that have frontage on rights-of-way, and that the Town constructs the associated curbs and gutters.
Within the Windover Heights Historic District, however, the Town code requires that the Town Council review any proposed public infrastructure and determine whether such infrastructure is needed before it is constructed. This provision allows the Town Council to consider the pedestrian-safety goal of installing sidewalks, the flood-control goal of installing stormwater management facilities and the historic-area goal of preserving the character of the Windover Heights Historic District.
Attachment 1 is the applicant’s application for review of the potential infrastructure projects for this site. The applicant has not yet submitted an application for the new home, which will be managed administratively and reviewed by the Windover Heights Board of Review. Attachment 2 is the applicant’s cover letter. Attachment 3 is photos of the historic district provided by the applicant. Attachment 4 is a plan showing the existing lot conditions, dated October 2023, drawn by GeoEnv Engineers.
OVERVIEW:
The question before the Town Council is as follows: Will public right-of-way improvements (specifically curb, gutter, and/or sidewalk) be required as part of the proposed new single-family dwelling at 288 Windover Avenue NW, which is in the Windover Heights Historic District?
The February 26, 2024 discussion will be in the Conference Session format. As such, no decision will be made on that date. The meeting at which the Town Council may make its decision is tentatively scheduled for March 18th, at which, in accordance with the code, a public hearing shall be held in advance of the decision.
In accordance with the Town code, the Windover Heights Board of Review (WHBR) has considered this matter and produced a recommendation memorandum, which is discussed below. The code specifies that any recommendation of the Windover Heights Board of Review (WHBR) shall be entered into the Town Council’s public record for consideration. Attachment 5 is the Windover Heights Board of Review recommendation memorandum dated February 12, 2024.
Required Public Improvements
On any parcel in Town, a large-scale re-development of the sort proposed by the applicant is required to include the following public improvements:
• Dedication of land for right-of-way width. When required, additional land is deeded to the Town to meet the standard road width and contain sidewalks.
• Designing curbs, gutters, sidewalk, and storm drain in accordance with Town standards. The developer provides an engineered plan showing the design of all public improvements determined to be required by the Town of Vienna. The Town of Vienna approves this plan prior to development of the lot. The Town of Vienna will construct, at the cost of the Town, all curbs, gutters, and storm drain infrastructure.
• Construct sidewalks. The developer of the lot must construct sidewalks in accordance with the approved site plan on all site frontages.
Attachment 11 provides a discussion of the relevant processes involved, including code references. The sections of the code that require sidewalks and stormwater facilities do not provide an exemption for the Windover Heights Historic District, and no infrastructure plan has been developed for the area that deviates from the generally applied Town standards, which include sidewalks, curbs and gutters on both sides of all streets. The Town standard street profiles are based on the standards set forth by the Virginia Department of Transportation (VDOT) and the Americans with Disabilities Act (ADA).
However, as stated above, a different section of the code (Chapter 18) does specify that the Town Council shall review any proposed infrastructure to determine its necessity.
Property Description
The property at 288 Windover Avenue NW is bounded by four streets: Short Street to the north, Lovers Lane to the east, Pleasant Street to the south, and Windover Avenue to the west.
The lot is zoned RS-16 residential, which has a minimum required lot size of 16,000 square feet. The property is 1.1 acres, or approximately 47,916 square feet. The lot slopes from Windover Avenue NW down towards the intersection of Pleasant Street and Lovers Lane. The survey of existing conditions shows approximately 80 trees of various species and conditions.
The existing home was constructed in the early 1980s in the Queen Anne Victorian style. The existing single-family dwelling has an attached garage, a driveway with two entrances onto Short Street and Windover Avenue, and a swimming pool in the rear of the house. Historic aerial imagery from before 1980 shows a residential structure, accessed via Short Street, and evidence of agricultural activity on the land.
The applicant’s October 2023 existing conditions plan shows the estimated location of the edge of pavement of the Town road. The edge of the road pavement on Windover Avenue, at the corner of Pleasant Street, is on private property. A future survey will be required to identify the location of adjacent property lines, and the existing width of the rights-of-way.
Infrastructure Options
Based on the discussions of the WHBR, and input by members of the public during the WHBR process, Town staff has prepared the following infrastructure options for Town Council consideration. In addition, Town staff took into account the following criteria for the design options: preserving trees, emergency vehicle access, pedestrian circulation, American Disabilities Act, storm runoff mitigation, and compliance with the Town of Vienna Comprehensive Plan, Master Pedestrian Plan and Town Code. Of course, the Town Council is free to choose an option other than what is listed below.
• Option 1: The Town Council could require dedication of land by the applicants for right-of-way on all or some of the frontages. The purpose of the dedication would be to accommodate public infrastructure that the Town Council determines is very likely to be needed, but for which a design has not yet been developed. Under this approach, the Town Council could direct staff to work with the community to develop a long-term implementable Windover Heights infrastructure plan that would take into account the goals of preserving the neighborhood’s historic character, enhancing pedestrian safety and improving management of stormwater. Once that plan is in place, the Town could implement the plan at this site within the dedicated area. If the Town Council were, further, to require escrow payments in lieu of building a sidewalk, the Town would have funds to assist in implementing the sidewalk.
• Option 2: The Town Council could determine that the need is for curb and gutter on Pleasant Street and Windover Avenue, with parking and sidewalk on both sides, resulting in a 50’ right-of-way; and, on Lovers Lane and Short Streets, curb and gutter with parking on one side and sidewalk on one side, resulting in a 40’ right-of-way. (See Attachment 6)
• Option 3: The Town Council could determine that curb and gutter is required throughout in order to best manage stormwater, and select among the following options for parking and sidewalks:
o Parking and sidewalk on both sides, resulting in a 50’ right of way,
o Parking on one side and sidewalk on both sides, resulting in a 45’ right of way,
o Parking on both sides and sidewalk on one side, resulting in a 45’ right of way, and/or,
o Parking on one side and sidewalk on one side, resulting in a 40’ right of way.
(See Attachment 7 & Attachment 8)
• Option 4: The Town Council could determine that a shoulder-ditch approach to stormwater management would be best in this context, and select among the following options for parking and sidewalks:
o Parking and sidewalk on both sides, resulting in a 61’ right of way,
o Parking on one side and sidewalk on both sides, resulting in a 56’ right of way,
o Parking on both sides and sidewalk on one side, resulting in a 55’ right of way, and/or,
o Parking on one side and sidewalk on one side resulting in a 50’ right of way.
(See Attachment 9 & Attachment 10)
• Option 5: Public Improvements are not necessary, and no dedication of land is required for future considerations of public improvements.
There are advantages for each approach. A major advantage of shoulder-ditch sections is that they may be more compatible with the character of Windover Heights, in that the overall aesthetic of a shoulder-ditch section is more similar to Windover Heights Historic District than a curb and gutter road section.
Advantages of sections with curb and gutter include that, as compared to shoulder-ditch sections, they have less impact on property owners regarding grading and construction, require less dedication from private land, allow Town trees to be planted, and require less maintenance. It is not typical to use both types of sections (curb and gutter, and shoulder-ditch) within the same block or street grid, as this combination may pose an additional engineering challenge when designing and constructing the improvements.
Funding for many public improvements is directly sourced from VDOT. The use of these funds is reliant on the improvements being VDOT-compliant. Therefore, all options involving construction presented by the Department of Public Works are compliant with these standards. If the Town Council wishes to select an option that is not compliant with VDOT standards, the Town may need to fund the project with its own funds.
WHBR Discussion & Recommendation
The application has been reviewed by the Windover Heights Board of Review (WHBR) at the following meetings:
• Regular Meeting, December 5, 2023 - At their regular meeting on December 5, 2023, the WHBR met with the applicant team, Department of Public Works staff, and Department of Planning and Zoning staff. The WHBR reviewed the materials from the applicant, and discussed the policies that require sidewalk construction, engineering of curbs and gutters, and the potential dedication of land to the Town for the right-of-way. The WHBR determined that more information was needed before a recommendation could be drafted and asked that a work session be scheduled. (Minutes are Attachment 12)
• Work Session, January 23, 2024 - The WHBR met with staff from the Department of Public Works, the Department of Planning and Zoning, and the applicant to discuss the technical requirements for streets and the policies that require the implementation of public improvements. The Department of Public Works provided examples of minimum standards for streets which meet the requirements of the American Disabilities Act, Federal Highways, and VDOT. (Minutes are Attachment 13)
• Regular Meeting, February 6, 2024 - The WHBR met with the applicant team, Department of Public Works staff, and Department of Planning and Zoning staff to take additional public testimony and finalize a recommendation to Town Council. The WHBR received written testimony from 25 members of the public in advance of the meeting, and 22 people spoke at the meeting. The WHBR finalized a recommendation, which is attached to this memorandum. (Draft Minutes, including public input, are Attachment 15)
The WHBR recommended (Attachment 5) that the applicant be allowed to proceed without a requirement to construct sidewalk or to provide either dedication or escrow for sidewalk, for any of the four lot sides that front existing streets in the Windover Heights Historic District. In addition, the WHBR included several conditions to this recommendation within the memorandum for the Town Council to consider in making the final decision. The memorandum included a multiple-point approach to stormwater management that does not include construction of curb and gutter. It also included a recommendation to develop an area-specific approach to pedestrian safety.
Attachments
Attachment 1. Application for Review
Attachment 2. Application Cover Letter
Attachment 3. Applicant’s Photos - Historic District
Attachment 4. Existing Conditions Lot Conditions with Tree Inventory, 10/2023
Attachment 5. Recommendation Memo from WHBR 288 Windover, 2/12/2024
Attachment 6. Option 2 Curb & Gutter Street Section
Attachment 7. Option 3(A) Curb & Gutter Street Section
Attachment 8. Option 3(B) Curb & Gutter Street Section
Attachment 9. Option 4(A) Shoulder Ditch Street Section
Attachment 10. Option 4(B) Shoulder Ditch Street Section
Attachment 11. Public Improvements Review Process, including Code References, in Windover Heights, 12/5/2023
Attachment 12. WHBR 12/5/2023 Posted Minutes
Attachment 13. WHBR 1/23/2024 Posted Work Session Minutes
Attachment 14. Applicant Letter after 1/23/24 Work Session & VDOT Table
Attachment 15. WHBR February 6, 2024 DRAFT Minutes, including public input
SUMMARY/STAFF IMPRESSIONS:
The decision in front of the Town Council is very particular to the Windover Heights Historic District. The Town Council has set Townwide policy for street sections that require construction of sidewalks and of curb and gutter, with standard street widths. However, it is confronted with a vision related to the conservation of the historic character of Windover Heights. That vision does not have specific guidance within either the Code or the Comprehensive Plan for this question. Staff will suggest to both the Planning Commission and the Town Council, during the process to update the Comprehensive Plan, that guidance language would assist in future cases of this nature. In addition, an adopted overall plan for infrastructure in Windover Heights would assist in site-specific decisions.
RECOMMENDATION:
Recommended Action
Staff recommends that the Town Council take the opportunity of this Conference Session to learn about the case and the options available and ask questions to assist in understanding.
Next Steps:
The next step is for the Town Council to hold a public hearing on this matter and then reach a decision regarding the necessity of public infrastructure related to 288 Windover Avenue NW. This agenda item is currently scheduled for the March 18, 2024 meeting.