Subject:
Title
Accessory Living Units Work Session 2
Body
BACKGROUND SUMMARY:
On January 29, 2024, the Town Council adopted Housing Diversity as one of four priorities for the calendar year 2024.
On May 6, 2024, staff provided a presentation to the Council on some of the types of housing diversity that exist, which was followed by a conversation on how the Council might define its goals with respect to housing diversity. That conversation continued during a work session on May 13, 2024.
As follow-up, the Mayor requested that a work session be held on the topic of residential accessory units, which are, in Fairfax County, referred to as “accessory living units,” or ALUs. (In many other jurisdictions, these residential units are called Accessory Dwelling Units, or ADUs; but Fairfax Council has a different meaning of ADU - Affordable Dwelling Unit).
The first Town Council work session on ALUs was held on September 9th, where the Town Council indicated interest in discussing an ordinance that would permit such units in the Town, with regulations. Staff offered to return quickly with a list of questions that the Council could answer and that would guide the drafting of an ordinance.
On September 23rd, the Town Council held that second work session, discussing a series of questions, and provided guidance to staff and the Town Attorney on the components of an ordinance that would amend the zoning code. The Town Council asked that staff return with draft amendments at its October 7th meeting. Staff did so, and the Town Council voted to forward that draft to the Planning Commission. The Town Council also voted to set November 18, 2024, as their public hearing for these amendments, with the intention to adopt amendments no later than its last meeting of 2024, which is December 9th. The draft amendments are provided as Attachment 1.
On October 9th, the Planning Commission held a preliminary discussion on the topic and decided to set its public hearing for its next meeting, on November 13, 2024. The Commission also determined that it would need more time to discuss its point of view on the draft amendments, if it were to produce a recommendation to the Council in time for the Council’s consideration of all testimony. The Commission asked that the Chair work with staff to set a special off-schedule work session.
Staff and the Chair identified October 29th as the date for the special work session.
Timeline and State Legislation
The Town Council has indicated that it would like to adopt these code amendments before the end of calendar year 2024. The main reason for this goal is that there is likely to be related State legislation re-introduced for the 2025 Virginia legislative session. In the 2024 session, legislation was introduced that would have required all jurisdictions to permit ALUs in residential zones by right, with the right to enforce certain components of zoning. The legislation included a “grandfather” clause that would have allowed jurisdictions with ALU regulations already in place by January 1, 2024, to keep their own regulations. The legislation passed in the Senate in 2024, but not in the House; but it is expected to return, perhaps amended, in 2025. The Town Council has indicated that it would like to have Vienna’s regulations in place in advance of January 1, 2025, so that Vienna’s regulations would be permitted as being “grandfathered.” The 2024 State legislation is provided as Attachment 2.
OVERVIEW:
This topic is being discussed throughout the country, in smaller and larger jurisdictions. Many approaches are being explored and implemented. To assist in this national discussion, the American Planning Association (APA) has developed some discussion points on the topic. Attachment 3 is an APA Quicknotes document that provides a definition and summary of the topic. Staff notes that the document’s position, reflecting that of APA, is in favor of zoning that allows these units to exist.
Comparison Jurisdictions
This report includes documents that show the approaches of some nearby Northern Virginia jurisdictions, though many others could have been selected.
Fairfax County allows ALUs in very specific circumstances and with clear rules. According to Fairfax County, “An accessory living unit is a secondary dwelling unit established in conjunction with and clearly subordinate to a single-family detached dwelling unit.” Such units have, at minimum, at least one bedroom, a separate bathroom and a separate kitchen.
Attachment 4 provides a summary of Fairfax County’s program, as of April 2021. Attachment 5 is a Frequently Asked Questions document, also produced by Fairfax County in 2021.
The City of Fairfax restricts ADUs (ALUs) to seniors and those with disabilities. Language from its Zoning Ordinance is included as Attachment 6. The City is considering removing that restriction, but no such decision has been made as of the date of this report.
Staff from the City of Falls Church prepared a presentation document in December 2022, to support a discussion of the potential for detached ALUs in Falls Church. That document is Attachment 7, and provides comparisons with other jurisdictions, including Arlington County. Falls Church does permit ADUs (ALUs) internal to the primary structure but is considering broadening its rules to allow more options.
The Town of Vienna
The Town has had some interest in this topic in the past. A 2021 Code Create survey conducted on residential standards included questions about the public’s level of interest in accommodating ALUs. The results are in Attachment 8 and show moderate support for ALUs in Vienna. Respondents were somewhat supportive of ALUs being allowed either in the interior of the existing home, attached to the main home, or as part of a garage (either in a converted garage or on top of the garage). There was less support for ALUs being in detached buildings, though 46% of respondents did indicate support for that approach, as well.
SUMMARY/STAFF IMPRESSIONS:
The purpose of this work session is for the Planning Commission to gain familiarity with, and begin to develop its point of view regarding, the zoning amendments that have been forwarded by the Town Council. The Planning Commission will then be fully prepared for the November 13th public hearing and, thereafter, be prepared to finalize its recommendation.
November 13th is the last Planning Commission meeting before the Town Council’s November 18th public hearing and the December 9th intent to adopt. As such, the Planning Commission’s recommendation would be highly valued by the Town Council if it were finalized after the November 13th public hearing.
The decision tool that the Town Council used to develop some of its positions, along with the guidance the Council discussed, is provided as Attachment 9.
RECOMMENDATION:
Recommend
Staff recommends that the Planning Commission review the draft amendments to the zoning code in Attachment 1 and begin to develop sufficient familiarity to be prepared to hear from the public at the November 13th public hearing and then develop recommendations.