Planning Commission

PLANNING COMMISSION MINUTES February 11, 2023 10:00 AM Community Meeting MEMBERS CITY STAFF David Durham, Chairman Chuck Johnston, Director Adam Lynch, Vice-Chairman Mike Craig, Principal Planner Mary-Margaret Marshall, Secretary Taylor Owen, Administrative Assistant Susanna Finn Kenneth Gantt Chris Hornung (absent) Tom O’Toole 1. CALL TO ORDER Mr. Durham called the Community Meeting of the Planning Commission to order at 10:00 am at the Dorothy Hart Community Center. 2. DETERMINATION OF A QUORUM With five members present, there was a quorum. (Mr. Lynch joined the meeting at 10:20am) 3. APPROVAL OF AGENDA Ms. Marshall motioned to approve the agenda, and Mr. O’Toole seconded. The motion carried with 5-0. 4. PUBLIC HEARING – Continued Accessory Dwelling Units - The City of Fredericksburg proposes amendments to the Unified Development Ordinance §72-84, Definitions, §7241.1, Principal Use Standards, §72-42.5, Table of Common Accessory Uses, §72-42.6 Specific Standards for Certain Accessory Uses, to permit and establish regulations governing the use of Accessory Dwelling Units (ADUs) associated with single-family detached dwelling units. UDOTAFY23-01 Mr. Durham said this was a continuation of the public hearing on the proposed regulations to allow Accessory Dwelling Units in single family dwellings. He noted 14 people had signed the attendance form (attached). He also noted the attendance of Council members: Kerry Devine, Jon Gerlach, and Matt Kelly. He gave an overview of the ordinance review process and the meeting schedule, that was presented at the Commission’s February 8 meeting. Mr. Johnston provided a synopsis of the proposed amendments. Mr. Durham asked for public comments. Bea Paolucci, 1500 Caroline Street, 22401, asked: why the ADUs are being proposed by right instead of by Special Use Permit; will there be a public notice sign on the property before any permit is issued; will staff share complaints filed regarding existing ADUs; do HOA rules/covenants precluding ADUs take precedence over zoning regulations allowing ADUs?  2 Mr. Johnston confirmed that when more restrictive, HOA enforced covenants take precedence over zoning regulations. Mr. Gantt, who is also on the HOA board for the Idlewild subdivision confirmed this and said the Idlewild covenants are not clear on this topic. The Idlewild HOA is discussing covenant changes to be more clear, but it will take a 2/3 vote of the owners for any covenant amendments. Mr. Johnston said the ADUs are proposed by right as the number of unrelated people who can live in a dwelling is not being changed: occupancy levels are the same; the only actual change is to allow second kitchens in single family dwellings. He said complaints regarding current ADUs will be shared. Anne Little, 726 William Street, 22401, asked the definition of a kitchen and if the proposed maximum size was going to increased. She also noted that since passing its ADU ordinance amendments, Arlington has had 13 more ADU applications. Mr. Johnston said the key element of a kitchen is a full-scale cooking appliance (stove/oven) and changes to the ordinance will be part of the Commission’s consideration. Raymond Herlong, 1009 Prince Edward Street, 22401, asked of Homestay/Short Term Rentals would be allowed as an ADU and he noted there were differences between the documents with the City Council initiation and the documents before the Planning Commission. He asked the FAQs be updated and what was the status of a state mandate for ADUs. Mr. Durham said ADUs could not be Homestay units as short term rental are not allowed to have a kitchen. Mr. Johnston said any document discrepancies would be fixed and the FAQs would be updated. He said the Virginia General Assembly was considering bills to require provision for ADUs, but it was not clear at this point whether they would be adopted and the Governor would sign them. He noted that localities can do enact ordinances that are conform with state code (aka the Dillon Rule). Jackie Emery, 605 Fauquier Street., 22401, asked if Tiny Houses would be allowed as an ADU? Mr. Johnston said the type of Tiny Houses typically seen on TV shows are on chassis and such units are not permitted by the Virginia Building Code. He said site built units placed on permanent foundations, similar in size to Tiny Houses, would be allowed. Mary Ellen Wheeler, 1201 Princess Anne Street, 22401, asked if the Micah project to house the homeless would be Tiny House ADUs. She said there is significant problem of trespassing by Micah’s clients on downtown property. Mr. Johnston said that in the information he has seen for the Micah project, its housing units were not Tiny Houses. Holly Clark, 1504 Winchester Street, 22401, said that as a young mother, her mother-in-law often watches her children. She said if there was the option of ADUs, family and friends could help each other more readily; the cost of housing precludes many family and friends of City residents from living here. Jason Kunkler 905 William, 22401, said he has a 78-year-old father that he would like to accommodate in an ADU, approved by his neighbors, in a tasteful apartment in his backyard. Will Mackintosh, 814 Cornell Street, 22401, asked about the definition of a family and a kitchen. Mr. Johnston said a family is a group of people related by blood, adoption, or marriage plus not more the two unrelated people. He confirmed the definition of kitchen included a cooking top/oven appliance. Mr. Johnston did a quick summary of the comments.