Subject:
Title
Public Hearing - Zoning Amendments to Allow Accessory Living Units, With Regulations
Body
DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE:
On Jan. 29, 2024, the Vienna Town Council established housing diversity as one of its four priorities for calendar year 2024. After holding two work sessions on this topic in May, the Town Council requested that a work session be held to focus on Accessory Living Units (ALUs). Work sessions were held on Sept. 9 and Sept. 23, during which the Town Council provided guidance on the components of draft amendments to Chapter 18 (Zoning and Subdivision) of the Town Code. Staff and the Town Attorney then worked together to produce a draft that was reviewed by the Council for its Oct. 7 meeting. At that meeting, the Town Council discussed the draft, voted to forward the draft to the Planning Commission for its review and recommendation, and set its public hearing for Nov. 18, 2024.
EXPLANATION AND SUMMARY:
Public Hearing
On Nov. 18, 2024, the Town Council will hold a public hearing on proposed amendments to Chapter 18 of the Town of Vienna code. The amendments would allow Accessory Living Units (ALUs) to be established on lots that are zoned for single-unit, detached homes, subject to specified regulations.
Attachment 1 shows the proposed amendments to Chapter 18, which are in:
Ø Article 2 - Zones, District, and Dimensional Standards (Sections 18-217, 18-218, and 18-219)
o These amendments make two simple language changes in each of the three RS zones (RS-16, RS-12.5 and RS-10), and reference Article 3 for the majority of the regulations.
Ø Article 3 - Uses and Use Standards (Sections 18-305 and 18-306.5)
o The majority of the code amendments that would regulate ALUs are in this Article, including adding “Accessory Living Units - Attached” to the Accessory Uses Table and providing the list of Use Standards.
Ø Article 4A - Development Standards - Single-Unit Detached Residential Uses (Sections 18-403 and 18-417)
o These amendments do the following: 1) clarify that ALUs are not included in the category of Accessory Structures, and 2) provide parking requirements for ALUs.
Ø Article 9 - Definitions (Section 18-902)
o This amendment provides a definition for “Accessory Living Unit - Attached.”
Planning Commission
On Oct. 7, the Town Council referred the draft code amendments to the Planning Commission for its review and recommendation, as required under State law for any proposed changes to zoning. The Commission held a brief discussion of the topic at its Oct. 9 meeting and set its public hearing for Nov. 13, 2024. It also determined that it needed a longer work session that could not be accommodated during its normal schedule. The Commission therefore held a special work session on Oct. 29.
The Commission’s intention is to be able to make all necessary decisions regarding its recommendation to the Town Council on Nov. 13, after the public hearing. The Chair will then complete a memorandum reflecting the Commission’s recommendation. That memorandum will not be completed before the Town Clerk needs to forward the Nov. 18 Agenda to the Town Council. As soon as the memorandum is completed, it will be forwarded to the Council and the online report will be updated both to reflect this addition and for transparency to the public.
Context For This Proposal
At present, the Town of Vienna does not permit accessory living units to be in any zone. Specifically, the Town does not allow more than one residential living unit on any lot that is zoned for single-unit, detached housing. The Town enforces this provision by not allowing a second set of cooking facilities in houses. This proposal would allow there to be ALUs on properties with the zoning of RS-10, RS-12.5 and RS-16.
The context for this proposal includes the following:
1) The current Comprehensive Plan, which was adopted in 2016, included as Objective 2 in the Economic Development Chapter “Incorporate diversified housing strategies.” One of the listed implementation strategies under that objective is “Review and update zoning codes to create a variety of sizes and price points for housing.”
2) During an early phase of the Code Create process, a survey of residents was conducted. More than 50% of survey respondents were supportive of ALUs attached or part of the primary structure or connected to an attached garage. (Fewer than 50% were supportive of detached ALUs.) These survey results were attached to the work session reports on Sept. 9 and 23.
3) During the Code Create public hearings, one of the topics most raised in public testimony was the importance of Vienna considering additional types and costs of housing.
4) The Community Survey revealed that one of the topics of concern by Vienna residents was housing affordability.
5) Many northern Virginia jurisdictions allow ALUs, under their own regulatory approaches. Such jurisdictions include Fairfax County, Fairfax City, Falls Church, Arlington and Alexandria. Information about the approaches of some of these was attached to the work session reports on Sept. 9 and Sept. 23.
State Legislation
An additional important context is potential State legislation. In the 2024 legislative session, a bill was introduced that would require all jurisdictions to allow ALUs by right, with regulations. The bill passed in the Senate but did not pass in the House. It is anticipated that a version of this bill will be re-introduced in 2025. The 2024 bill included a “grandfathering” provision, in which local (town, city, county, etc.) ALU legislation approved before Jan. 1, 2024, would be allowed to stand. If such a provision is included in the new bill, perhaps updated to Jan. 1, 2025, it may be advantageous for the Town to have adopted its own ALU legislation that would best reflect the Town’s desired approach. The State legislation that was introduced was included as attachments in the staff reports for the Sept. 9 and Sept. 23 work sessions.
Departmental Recommendation:
The Department of Planning and Zoning recommends that the Town Council proceed in the following manner:
1. Hold a public hearing on the proposed amendments to Chapter 18.
2. Discuss the public testimony and the recommendation memorandum from the Planning Commission.
3. Direct any changes the Council may wish to make to the proposed amendments.
4. Direct staff to return on Dec. 9 with an updated set of draft amendments on which the Town Council may take action (e.g., Intent to Adopt).
Town Attorney Recommendation: The Town Council may conduct a public hearing and consider the recommendations of the Planning Commission to consider possible amendments to Chapter 18 of the Town Code related to Accessory Living Units.
Town Manager's Recommendation: I recommend the Town Council conduct a public hearing and consider the recommendations of the Planning Commission to consider possible amendments to Chapter 18 of the Town Code related to Accessory Living Units.
PROPOSED/SUGGESTED MOTION
Recommended Action
Recommendation 1
"I move to open the public hearing."
And
"I move to close the public hearing."
Or
Other action deemed necessary by Council.
Recommendation 2
After consideration of the recommendations of the Planning Commission, the public hearing, and subsequent discussion by the Town Council, staff recommends consideration of the following options:
“I move to adopt the draft amendments to Chapter 18 of the Town Code, as indicated in Attachment 1, and direct the Town Clerk to advertise the Intent to Adopt.”
Or
“I move to direct staff to make changes to the proposed amendments to Chapter 18 of the Town Code as directed during this meeting and return with an updated draft on December 9 for a Town Council vote.”
Or
Other action deemed necessary by Council.