Subject:
Title
8:15 p.m. - 8:45 p.m. Proposed Updates to Chapter 18 - Zoning and Subdivision: Response to State Code Changes and Other Items
Body
DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE:
This is the first time the Vienna Town Council has considered this set of proposed changes to Chapter 18.
EXPLANATION AND SUMMARY:
On Jan. 1, 2024, a comprehensively updated Chapter 18 of the Town of Vienna Code went into effect. Chapter 18 covers regulations and procedures related to zoning and subdivision, the latter of which includes all lot modifications.
At the time of adoption, in October 2023, the Town Council acknowledged that additional changes would be needed. In the first half of 2024, the Town Council held a series of work sessions in there was detailed discussion of the follow-up items to be addressed, including which items were highest priority. In late 2024 and early 2025, the Council addressed the first set of approximately 50 items.
Also in 2024, the Town Council chose to discuss different approaches to enhancing housing diversity in Vienna and elected to focus on accessory living units (ALUs). In its last meeting of 2024, the Town Council adopted amendments to Chapter 18 that permitted ALUs on properties zoned for single-unit detached use, with regulations.
The context for this third set of items being brought to the Town Council on Sept. 29 is twofold:
1) In 2025, the Virginia General Assembly adopted a series of changes in certain processes that jurisdictions may deploy in reviewing site plans and proposed subdivisions or other lot modifications. More specifically, the new provisions require more processes to be reviewed administratively (by staff) rather than by either appointed boards or elected bodies.
2) Additional items have emerged during normal Town business identifying the need to clarify language.
The attachments provide details on the proposed change.
Attachment 1 is the staff report that can be used as a guide to the changes.
Attachments 2-7 provide excerpts from Chapter 18, with the changes identified.
Attachment 8 provides the relevant Virginia Code changes to which the Town needs to respond.
Board or Commission of Interest:
To make changes to zoning regulations, the Town Council is required under State law and the Town Code to refer the proposed changes to the Planning Commission for its consideration and recommendations.
Departmental Recommendation:
The Department of Planning and Zoning recommends that the Town Council refer proposed changes to the Planning Commission for its consideration and recommendations. Of particular importance is the set of changes that are proposed so that the Town will be in compliance with the new State code.
Town Attorney Recommendation: The Town Council may refer the proposed zoning and subdivision Code amendments to Chapter 18 of the Town Code to the Planning Commission, in the discretion of the Town Council.
Town Manager's Recommendation: I recommend the Town Council refer the proposed changes to Chapter 18 of the Town Code, as reflected in Attachments 2 through 7, to the Planning Commission, as presented.
PROPOSED/SUGGESTED MOTION
Recommended Action
"I move to refer the proposed changes to Chapter 18 of the Town Code, as reflected in Attachments 2 through 7, to the Planning Commission for its consideration and recommendation."
Or
Other action deemed necessary by Council.