Subject:
Title
8:40 p.m. - 8:55 p.m. - Intent to Adopt - 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 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.
The Town Council held its public hearing on Nov. 18, reviewed the Planning Commission Chair’s recommendation memorandum; directed staff to make changes to the draft amendments; and voted in favor of the amendments, with the changes; and directed the Town Clerk to advertise the Intent to Adopt.
EXPLANATION AND SUMMARY:
Adoption of ALU Amendments to Chapter 18 - Zoning and Subdivision
On Dec. 9, 2024, the Town Council will have the opportunity to vote on whether to adopt amendments to Chapter 18 of the Town Code, for the purpose of allowing Accessory Living Units (ALUs) to be established on lots that are zoned for single-unit, detached homes, subject to specified regulations. The background for this initiative is provided in the staff report for the Nov. 18 meeting, and even more details, including information about comparison jurisdictions, are provided in the staff reports and associated attachments for the work sessions of Sept. 9 and 23.
Attachment 1 shows the proposed amendments to Chapter 18, in a redline version that shows clearly the proposed amendments in red letters. Additional amendments that were directed on Nov. 18 are shown highlighted in yellow.
Attachment 2 shows those same proposed amendments in a clean version, without the proposed amendments identified.
The proposed changes 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 definitions for “Accessory Living Unit - Attached” and for “Sleeping Quarters.”
Update since Nov. 18 - Definition of “Sleeping Quarters”
Staff suggests that there be an additional change to the Chapter 18 amendments, which is to add a definition of “sleeping quarters” to Article 9. This addition was recommended by the Planning Commission in its memorandum (Attachment 3) because the term is used in Article 4A when describing parking requirements for ALUs. Staff agrees with the Planning Commission. Unfortunately, the potential addition was not discussed on Nov. 18. As such, it was not included in the motion that the Town Council adopted.
The Town Attorney indicated that, as long as this change is included in the version that is advertised for the Intent to Adopt, the Town Council would have the option of including that addition to the amendments. Therefore, staff has added this definition to Article 9 for Town Council review and potential approval/adoption.
Effective Date
Staff understands the desire that the amendments become effective before the end of 2024. Staff requests that the effective date be delayed beyond the normal 10 days after adoption, to provide additional time for staff to be prepared to administer the program. Staff requests that the effective date be Monday, Dec. 30, 2024.
Departmental Recommendation:
Based on previous direction from the Town Council, the Department of Planning and Zoning recommends that the Town Council adopt the amendments to Chapter 18 of the Town Code that are shown in Attachments 1, with an effective date of Dec. 30, 2024.
If the Town Council wishes to remove any proposed changes to the code, it may do so without the requirement of an additional public hearing.
If the Town Council wishes to add supplemental amendments to the code, and such supplemental amendments were not advertised in the Intent to Adopt, an additional public hearing would be required.
Town Attorney Recommendation: The Town Council referred the proposed amendments to Chapter 18 of the Town Code (Subdivision and Zoning Sections) to the Planning Commission for its review and recommendations. The Town Council received a report, with recommendations, from the Planning Commission. On Nov. 18, 2024, the Town Council conducted a public hearing to receive public input on the proposed amendments. Following consideration of the recommendations of the Planning Commission and the input from the public, the Town Council may adopt the proposed amendments to Chapter 18 in its discretion.
Town Manager's Recommendation: I recommend the Town Council adopt the proposed amendments to Chapter 18 of the Town Code that are indicated in Attachment 1, to allow Accessory Living Units to be established in Vienna with regulations, as presented.
PROPOSED/SUGGESTED MOTION
Recommended Action
“I move to adopt the draft amendments to Chapter 18 of the Town Code that are indicated in Attachment 1, to allow Accessory Living Units to be established in Vienna with regulations, with an effective date of Dec. 30, 2024, and direct the Town Clerk to advertise the Notice of Adoption.”
Or
Other action deemed necessary by Council.