Subject:
Title
8:30 p.m. - 10:30 p.m. - Public Hearing on the Necessity for Public Improvements Within the Windover Heights Historic District Adjacent to and/or on the property 288 Windover Avenue NW
Body
A detailed discussion of this case is provided in Attachment 1, with a summary below.
DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE:
February 26, 2024 - Work Session
EXPLANATION AND SUMMARY:
On March 18, 2024, the Town Council will hold a public hearing on the necessity for public improvements adjacent to and/or on the property whose address is 288 Windover Ave., NW, in accordance with requirements of the Town Code. The property is within the Windover Heights Historic District and in the RS-16, single-unit detached residential zoning district.
After holding the public hearing, the Town Council will have the opportunity to make a determination regarding the necessity of such public infrastructure, taking into account public testimony that will include the recommendation of the Windover Heights Board of Review.
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 at 288 Windover Avenue NW and construct a new single-family home. The property is within the Windover Heights Historic District.
The formal application for demolition and development has not yet been submitted. The applicants have applied, first, for a determination regarding required public infrastructure, which is the question before the Town Council. The Town Council does not review individual home development projects.
For single-lot redevelopment projects throughout Vienna, the Town code requires that public infrastructure be designed and implemented. Specifically, the Town requires that owners construct sidewalks where there is frontage on rights-of-way and that they dedicate the associated right-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, at the same time, the pedestrian-safety goal of installing sidewalks, the flood-control goal of installing storm drain infrastructure, and the historic-area goal of preserving the character of the Windover Heights Historic District.
The requirements for both the installation of public improvements and that there be an assessment by Town Council before any such installation within the Windover Heights Historic District is summarized within Attachment 2 - Public Improvements within the Windover Heights Historic District.
The question before the Town Council on March 18 is as follows: Will public right of way improvements (specifically curb, gutter, and/or sidewalk) be required as part of the new single-family dwelling at 288 Windover Ave., NW?
Potential Town Costs:
Sidewalks: If the Town requires that the applicant constructs sidewalks as part of the redevelopment project, there will be no cost to the Town. If applicant provides escrow for future sidewalk construction and the costs, when construction occurs, are higher than the escrow amount, there would be some as-yet undefined Town cost.
Storm Drain: If the Town were to install either approach to storm drains (curb and gutter or shoulder ditch), there would be as-yet undefined Town cost.
Road improvements: depending on the decisions of the Town Council, there may be Town costs for improvements to the driving surface.
Departmental Recommendation: The Department of Planning and Zoning and the Department of Public Works recommend that the Town Council:
1) Hold a public hearing;
2) Consider all oral and written testimony, including the recommendation of the Windover Heights Board of Review; and
3) Reach a determination regarding the necessity of public infrastructure related to the proposed redevelopment of 288 Windover Ave., NW. Staff further recommends that, in making its determination, the Town Council consider short- and long-term strategies for enhancing pedestrian safety, management of stormwater, and preserving the historic character of the Windover Heights community.
Town Attorney Recommendation: In accordance with the Town Code, the Town Attorney recommends setting a public hearing to receive public input on the necessity of possible public improvements related to the proposed redevelopment of 288 Windover Avenue, N.W.
Town Manager's Recommendation: I recommend the Town Council select one of the options in this agenda item, as presented.
PROPOSED/SUGGESTED MOTION
Recommended Action
Attachment 1 provides a series of options for the Town Council to consider. Depending on the desired direction of the Town Council, the following are potential motions that could be made:
Option 1: "I move those standard public improvements as applied town wide are needed at 288 Windover Ave., NW, as part of redevelopment"
Or
Option 2: “I move those public improvements are needed at 288 Windover Ave., NW, as part of redevelopment but are not able to be implemented until a holistic infrastructure plan for Windover Heights is developed. Therefore, the Town requires dedication of right-of-way for future implementation.”
Or
Option 3: “I move that public Improvements are not needed at 288 Windover Ave., NW, as part of redevelopment, as long as the applicant meets the following conditions as part of the redevelopment project:
a. The applicant will dedicate six feet [or other width of Town Council’s choice] on Windover Avenue, NW.
b. The applicant must provide and plant, in consultation with the Town’s arborist, a species of cedar tree along Windover Avenue, NW, and additional street frontages where appropriate, to provide infill plantings of the historic cedar trees lining the corridors.
c. The applicant will, in collaboration with Department of Public Works, construct a swale/ditch along Lovers Lane, NW, and Pleasant, NW, to ensure site water along the south of the property does not cross Lovers Lane, NW, toward other private properties.
d. The applicant will reduce stormwater runoff quantity and water quality by 20% onsite, which is twice the reduction required by the Town of Vienna for single-lot development and Virginia Department of Environmental Quality (DEQ) standards, with a design approved by the Department of Public Works.
e. {Any other condition(s) as determined by Town Council.}
Or
Option 4: “I move those public improvements are not needed at 288 Windover Ave., NW, as part of redevelopment.”
Or
Any other option developed by Town Council.