Subject:
Title
Public Hearing - Zoning Amendments to Allow Accessory Living Units, With Regulations
Body
Public Hearing
On November 13, 2024, the Planning Commission will hold a public hearing on proposed amendments to Chapter 18 (Zoning and Subdivision) of the Town of Vienna code. Under State law and the Town Code, the Town Council must offer the opportunity to the Planning Commission to provide a recommendation regarding all proposed amendments to zoning regulations. On October 7, 2024, the Town Council voted to refer the proposal to the Planning Commission. The public hearing will provide community input to the Planning Commission as it develops its recommendation to the Town Council.
If adopted, the proposed amendments would allow Accessory Living Units (ALUs) to be established on lots in the Town of Vienna that are zoned for single-unit detached homes (RS-16, RS-12.5 and RS-10), 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 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.”
The Planning Commission would also welcome comments from the public on the Chair’s memorandum that is provided as Attachment 2. This memorandum reflects key discussion points that emerged from the October 29, 2024, work session that the Planning Commission held on ALUs. The memorandum identifies topics on which the Planning Commission is considering providing a recommendation, as part of its overall recommendation to the Town Council.
The Planning Commission invites any member of the public to provide in-person oral comments at the public hearing. Members of the public may also provide written comments by sending them to Jennifer Murphy at Jennifer.Murphy@viennava.gov <mailto:Jennifer.Murphy@viennava.gov> or by US mail to Planning Commission c/o Jennifer Murphy, Department of Planning and Zoning, 127 Center Street South, Vienna, Virginia, 22180. Any written comments must be received by no later than 3:00pm on Tuesday, November 12, 2024, for the Planning Commission to be able to review the submission. An excerpt of the Planning Commission’s Rules of Procedure for public hearings (on pages 7 and 8), last updated on May 10, 2023, are provided as Attachment 3.
Discussion of Recommendation
After the public hearing is closed, the Planning Commission intends to review the testimony and then determine what recommendation it would like to make to the Town Council. The Town Council will be holding its own public hearing on November 18, 2024, and the Planning Commission’s input will be valuable as the Town Council discusses the proposed amendments after its public hearing is closed.
Background and Context
On January 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 both September 9 and September 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 October 7th 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 November 18, 2024. Its goal is to adopt amendments this calendar year, which means that it must vote to adopt no later than December 9, 2024.
The Planning Commission held a brief discussion of the topic at its October 9th meeting and set its public hearing for November 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 October 29th.
The Commission has expressed its intention to be able to make all necessary decisions regarding its recommendation to the Town Council on November 13th, after the public hearing. The Chair will then complete a memorandum reflecting the Commission’s recommendation.
Context For This Proposal
At present, the Town of Vienna does not permit there to be accessory living units 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 there to be a second set of cooking facilities. 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. Survey results were that well over 50% of respondents were supportive of ALUs attached or part of the primary structure or connected to an attached garage. (Under 50% were supportive of detached ALUs.) These survey results were attached to the work session reports on September 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 October 29, 2024 work session.
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 January 1, 2024, would be allowed to stand. If such a provision is included in the new bill, perhaps updated to January 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 in for the 2024 session is provided as Attachment 4.
Process for the Meeting
Staff recommends that the Planning Commission follow the following sequence:
1. Hold a public hearing on the proposed amendments, then close the public hearing.
2. Discuss and make decisions regarding what the Planning Commission would like to include in its recommendation to the Town Council.
3. Authorize the Chair, working with staff after the meeting, to prepare a memorandum, reflecting the recommendation, which will then be forwarded to the Town Council.
PROPOSED/SUGGESTED MOTION
Recommended Action
Recommendation 1
"I move to close the public hearing"
Or
Other action deemed necessary by the Planning Commission.
Recommendation 2
After consideration of testimony from the public hearing, and subsequent discussion by the Planning Commission, staff recommends consideration of the following options:
“I move to recommend the following to the Town Council:
• Adopt the draft amendments to Chapter 18 of the Town Code, as proposed in Attachment 1.
Or
““I move to recommend the following to the Town Council:
• Adopt the draft amendments to Chapter 18 of the Town Code, as proposed in Attachment 1, with the following changes:
o {Change 1}
o {Change 2}
o Etc.
Or
“I move to recommend that the Town Council not adopt regulations that would permit Accessory Living Units in Vienna.”
Or
Other action deemed necessary by the Planning Commission.