Subject:
Title
9:00 p.m. - 9:30 p.m. Review Draft Accessory Living Unit Zoning Amendments, Make Edits, Refer Draft to Planning Commission, and Set a Public Hearing.
Body
DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE: Sept. 9, 2024, and Sept. 23, 2024
EXPLANATION AND SUMMARY:
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 in May, the Town Council requested that work sessions be held to focus on Accessory Living Units (ALUs). Those work sessions were held on Sept. 9 and Sept. 23.
On Sept. 23, the Town Council worked through a set of critical questions regarding a potential ordinance. The Council’s guidance from that session is provided as Attachment 1, with Council guidance shown in highlighted yellow. At the end of that work session, the Town Council emphasized its desire to be able to adopt an ALU ordinance during calendar year 2024. As such, staff members were asked to work with the Town Attorney to return as soon as possible with draft amendment language, for the Council’s consideration.
Attachment 2 provides draft amendments to zoning regulations within Chapter 18 of the Town Code. Taken together, these amendments would permit ALUs to be created and occupied in Vienna’s zoning districts that are restricted to single-unit detached residences, under very specific regulations.
The amendments to Chapter 18 are in:
Ø Article 2 - Zones, District, and Dimensional Standards (Sections 18-217, 18-218, and 18-219)
o These amendments make two simple 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 This article is the location of the majority of the code amendments that would regulate ALUs, 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 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 These amendments provide definitions for both “Accessory Living Unit - Attached” and “Accessory Living Unit - Detached.” The ALU Detached is provided for clarity even though it is not permitted in any zone or district. An option is to leave out that definition.
Please note that this proposed amendment language is identified clearly in red font, with comments along the columns. Staff comments are identified specifically in areas where the Town Council had decided to defer decision until receiving the draft ordinance, in such areas as whether there should be a maximum size of the ALUs or a maximum number of bedrooms. Staff has provided draft language for each of those undecided items but understands that the Town Council may wish to amend that draft language.
Schedule for Adoption
Staff understands the Town Council’s wish to adopt an ordinance for ALUs before the end of calendar year 2024. Staff provides a potential schedule for doing so:
• Oct. 7 - Council reviews and finalizes draft, refers draft to Planning Commission and sets public hearing. (If the Council is not yet ready, it could defer the referral until its Oct. 28 meeting, though the turnaround time for the Planning Commission to advertise its Nov. 13 public hearing would be extremely short.)
• Oct. 9 - Planning Commission sets public hearing for Nov. 13 and holds discussion to become familiar with the proposal.
• Nov. 13 - Planning Commission holds public hearing and develops recommendation to the Town Council.
• Nov. 18 - Town Council holds public hearing, reviews Planning Commission recommendation memorandum, and makes any adjustments it wishes to the draft amendments. The Council may wish to introduce the amendments as an ordinance, with planned adoption on Dec. 9.
• Dec. 9 - Town Council adopts the amended zoning regulations, to become effective at a future date (not yet determined).
Departmental Recommendation: Staff’s understanding of the primary goals of this discussion are for the Town Council, first, to review the draft amendments to zoning regulations and communicate any changes that it wishes made so that a final draft may be produced by staff and the Town Attorney. Once the Town Council is satisfied with the draft amendments, the following actions may be taken:
1. The draft amendments may be forwarded to the Planning Commission for its consideration and recommendation, as is required under State law for any proposed changes to zoning.
2. The Town Council may then set the date for its public hearing, which staff recommends be Nov. 18, 2024.
Town Attorney Recommendation: The Town Council may refer the proposed amendments to Chapter 18 related to Accessory Living Units to the Planning Commission for its review and recommendations, and also set a Public Hearing to receive public input and consider any recommendations of the Planning Commission for possible adoption of amendments, in the discretion of the Town Council.
Town Manager's Recommendation: I recommend the Town Council refer to the Planning Commission, for consideration and recommendation, the proposed amendments to Chapter 18 Zoning and Subdivision Ordinance and set a public hearing for November 18, 2024 on proposed amendments to Chapter 18 - Zoning and Subdivision Ordinance related to Accessory Living Units, as presented.
PROPOSED/SUGGESTED MOTION
Recommended Action
Recommendation 1
"I move to refer to the Planning Commission, for consideration and recommendation, the proposed amendments to Chapter 18 Zoning and Subdivision Ordinance as presented."
Or
"I move to refer to the Planning Commission, for consideration and recommendation, the proposed amendments to Chapter 18 Zoning and Subdivision Ordinance as amended during tonight’s meeting."
Or
Other action deemed necessary by Council.
AND
Recommendation 2
“I move to set a public hearing for Nov. 18, 2024, on proposed amendments to Chapter 18 - Zoning and Subdivision Ordinance related to Accessory Living Units."
Or
Other action deemed necessary by Council.