Subject:
Title
10:00 p.m. - 11:00 p.m. Continued Discussion (Part 2) of Potential Zoning Amendments, as Follow-Up to Code Create
Body
DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE:
02/12/2024 - The Town Council held its first discussion of the follow-up items to Code Create.
EXPLANATION AND SUMMARY:
The Town’s Zoning and Subdivision regulations were updated and adopted as Chapter 18 on October 23, 2023, effective Jan. 1, 2024. The updated code can be found at <https://www.viennava.gov/home/showpublisheddocument/4738/638379086972230000>.
During the code update process, also known as Code Create Vienna, certain topics were identified as “pinned” items that, for various reasons, would need to be addressed after the updated Chapter 18 was adopted, and by the new Town Council. It was also discussed during the Code Create process that the zoning and subdivision ordinance is a dynamic document, subject to regular review and updates.
The Town Council began reviewing and discussing the “pinned” items at a Feb. 12, 2024 work session. Staff organized the items into three different categories, according to what would be needed to make a code change: “Minor edits,” “Research Needed,” and “Policy decision.” At that meeting, the Council provided guidance on some of the items.
The intention of the April 8 discussion is to review as many of the 36 remaining “pinned” items as possible and receive guidance from the Council on which to advance for additional zoning amendments.
Attachment 1 provides a table organized by the list of the “pinned” items that the Council did not discuss on Feb. 12 and that staff suggests Council review on April 8.
The Attachment 1 table also provides:
• A space for Council’s priority assessment
• Identification of the Article, Section, or Figure within the new Chapter 18 to which the comment is related
• The topic of the comment
• The suggested change
• The source of the suggestion (member of the public, Planning Commission, Councilmember, Staff, Board or Commission, zoning consultant)
• Staff comments
• Status
The Council’s priority assessment is organized into three options:
• High interest
• Low interest
• Not in favor
Attachment 2 includes a staff memorandum summarizing the guidance received at the Feb. 12, 2024, work session, as well as, for reference, a table of those items discussed.
Next Steps: Changes made as part of this review would follow the State- and Town-required process for amending zoning. That is:
- Staff will prepare draft zoning code amendments as directed by Council and return to the Council for its review and direction.
- If the Council is satisfied with the draft, the Council would then forward the draft amendments to the Planning Commission for its review and recommendation.
- After receiving the Planning Commission’s recommendation, the Town Council would hold a public hearing to receive oral and written testimony.
- The Council would then review the testimony and the Planning Commission recommendation, make any desired changes to the zoning amendments, and then adopt such changes as it may wish.
- For items where additional research or policy development is needed, staff would return to the Council for one or more work sessions, as appropriate, to receive Council’s guidance, after which the formal process to amend the zoning ordinance would start as applicable.
Expected Completion Time Frame: Amendments to zoning vary greatly in length of time. If the Council elects to move forward on the formal process for simpler items, final adoption of those amendments can be completed within 3-6 months after referral to the Planning Commission. For items needing research, policy development and work sessions, final completion could take a year or more, depending on the complexity of the item.
Departmental Recommendation: Staff recommends that the Council hold a discussion of the list of pinned items in Attachment 1, and any other topics the Council may wish to raise and provide guidance on the items on which it wishes to move forward. Staff recommends that the Council set priorities for the sequence of addressing items, especially those needing research and policy development, so that staff can focus appropriately on each item while still carrying out our other responsibilities.
Town Attorney Recommendation: The Town Council may provide proposed edits to Chapter 18 Zoning and Subdivision provisions and refer those proposed edits to the Planning Commission for its recommendations in its discretion.
Town Manager's Recommendation: I recommend the Town Council instruct staff to prepare staff the code amendments for review as discussed and begin researching topics identified by Council in order of identified priority, as presented.
Cost and Financing:
Account Number:
Prior Funding Approval: Annual General Budget (Year), Amendments, CIP Budget (Year), or ARPA.
Decision Needed by This date:
PROPOSED/SUGGESTED MOTION
Recommended Action
"I move to instruct staff to prepare the code amendments for review as discussed and begin researching topics identified by Council in order of identified priority."
Or
Other action deemed necessary by Council.