Planning Commission

PLANNING COMMISSION MINUTES February 22, 2023 6:30 PM IN PERSON MEETING You may view and listen to the meeting in its entirety by going to the Planning Commission page on the City’s website: https://amsva.wistia.com/medias/a5u3tuavtd The Agenda, Staff Report, Applications and Supporting Documents are also available on the Planning Commission page: https://www.fredericksburgva.gov/241/Planning-Commission MEMBERS CITY STAFF David Durham, Chairman Chuck Johnston, Director Adam Lynch, Vice-Chairman Mike Craig, Principal Planner Mary-Margaret Marshall, Secretary Bailey Thompson, Community Development Planner Tom O’Toole Taylor Owen, Administrative Assistant Susanna Finn Kenneth Gantt Chris Hornung _____________________________________________________________________________________________ 1. CALL TO ORDER [00:00:01] Chairman Durham called the meeting to order at 6:30 p.m. in Council Chambers and explained meeting procedures for the public. Members of the public were invited to attend or access this meeting by public access television Cox Channel 84, Verizon Channel 42, online at https://www.regionalwebtv.com/fredpc, or Facebook live at www.facebook.com/FXBGgov. 2. PLEDGE OF ALLEGIANCE 3. DETERMINATION OF A QUORUM [00:03:19] There were seven members in attendance of the meeting at the call to order. 4. APPROVAL OF AGENDA [00:03:24] Mr. Gantt moved to approve the agenda, Mr. Lynch seconded. Motion passed 7-0. 5. DISCUSSION OF POTENTIAL POLICIES, ORDINANCES, OR APPLICATIONS None. 6. DECLARATION OF CONFLICT OF INTEREST AND DISCLOSURES OF CONTACT None 7. PUBLIC HEARING [00:04:38] A. UDOTAFY23-01 Accessory Dwelling Units - The City of Fredericksburg (Attachment 1) Mr. Durham noted that City Council directed the Planning Commission to consider 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 Establish Regulations Governing the Use of Accessory Dwelling Units associated with single-family detached dwelling units and directed the Planning Commission to develop a robust public information process on this topic. He said, per City Code, the Commission must make a recommendation to Council, or request additional review time, within 100 days of February 8, the first Commission public hearing on the matter. Therefore, he said, the Commission is to take action (or request additional time) no later than the Commission’s May 10 scheduled public meeting.  2 Further, Mr. Durham said that at its January 25 meeting, the Commission voted to establish a public information process, listed below, that included the following elements: 1. The proposed UDO text amendments will be the subject of a public hearing at each of the scheduled public meetings between February 8 and May 10: this is a minimum of four and a maximum of seven public hearings depending on the conduct of optional supplementary fourth Wednesday of the month public meetings in February, March, and April. Tonight’s meeting is the second of these public hearings. 2. The Planning Commission and Community Planning and Building Department staff will conduct four Public Information Sessions during this period, two on Wednesday evenings and two on Saturday mornings, at community locations, to engage the public in a less formal setting and elicit feedback on the proposed UDO text amendments. The first information session was held on February 11 at the Dorothy Hart Community Center. 3. Planning staff will make itself available to meet with any City Neighborhood Association or other community organization that wishes to engage on this issue. Two such meetings occurred: on February 5 in the College Heights Neighborhood and February 16 with the Rising Sun Neighborhood. 4. Planning staff will make information about the topic available to the public on its website and via its social media channels. Meeting Schedule Wednesday, February 8 6:30 pm Council Chambers* Plng Commission Public Hearing 715 Princess Anne Street Saturday, February 11 10:00-11:30 am Dorothy Hart Community Cntr PC Community Session 408 Canal Street – Room 1 Wednesday, February 22 6:30 pm Council Chambers PC Supplementary Meeting Wednesday, March 8 6:30 pm Council Chambers* PC Public Hearing 715 Princess Anne Street Wednesday, March 15 7:00 pm Lafayette Upper Elem School PC Community Session Saturday, April 1 10:00-11:30 am School Board Meeting Room PC Community Session 210 Ferdinand Street Wednesday, April 12 6:30 pm Council Chambers* PC Public Hearing 715 Princess Anne Street Wednesday, April 19 7:00 pm Police HQ Training Room PC Community Session Wednesday, May 10 7:30 pm Council Chambers* PC Public Hearing 715 Princess Anne Street He said that the following three meetings are sponsored by civic associations/private organizations, with public access controlled by that entity. Sunday, February 5 2:00 pm Christ Lutheran Church College Heights Civic Association Wednesday, February 16 6:30 pm Central Library Rising Sun Civic Association Thursday, February 23 6:00 pm 718 Venue Fred 15 / Fossil Free FXBG / disAbility Resource Center Community Meeting Mr. Johnston briefly reviewed the proposed amendments; said that written comments were submitted for tonight’s public hearing session. He said that a third privately organized session is planned jointly by Fred 15, Fossil Free FXBG, and the disAbility Resource Center at 6:30, tomorrow night, at 718 Venue on Caroline Street. He said concerns (with responses) and observations heard this far are: - What are the impacts of additional ADUs on City services: police, fire, water, sewer? o Verbal responses from the Fire and Police Chiefs did not identify any emergency service issues nor any water/sewer issues based on comments from Public Works staff. He said written comments would be make. Additional sewer connection fees would be discussed with PW staff.  3 - Is additional parking needed? o To be determined by the Planning Commission. Most jurisdictions allowing ADUs do not require additional parking. Additional curb cuts would remove on-street parking. - Will there be sufficient enforcement of occupant and size limits? o Yes. - Can HOA covenants preclude ADUs; would they take precedence over zoning regulations? o Yes. - Can ADUs be used for Short Tem Stay units (bed & breakfast or homestay operations)? o Short Term Stay units are not allowed to have kitchens; converting an ADU to a short-term stay bedroom would require removal of kitchen. - Should the ‘resident manager’ be the property owner? o There are legal issues to make a distinction between owner vs non-owner managers; issue to be determined by Planning Commission. - Should adjacent property owners be notified of a proposed ADU? o To be determined by the Planning Commission. - Can an ADU be a ‘Tiny House’ on a trailer? o No. - Allows residents to be able to age in place; - Provides an opportunity for family care in lieu of institutional care; - Good for Community walkability, multi-modal transportation networks, and efficiency of public services. Mr. Lynch noted the Alexandria requirement for owner occupancy is only at the establishment of an ADU, but not subsequently. He asked for more background about why the various communities had modest new ADU numbers. Mr. Durham asked for public comments. Bea Paolucci, 1500 Caroline Street, 22401, said all the ADU information on the City web site is not easily accessible. All agendas and memos should be directly linked in for this topic. She also noted that notes and minutes for previous Commission meetings have not been posted. Mr. Durham asked if there were written comments submitted. Mr. Johnston read the comments from (Attachment 2): Ginnie and Jim Branscome, 1400 Washington Avenue, 22401, said that the they have heard two presentations on the proposed amendments to permit and establish ADUs in the City and the they are opposed to this. Elizabeth Safley Griffey, 1231 Hanover Street, 22401, said she was in full support of implementing Accessary Dwelling Units (ADU) into the Fredericksburg ordinance for Brompton Heights/College Heights neighborhood; ADUs will give property owners the option to build a unit for aging relatives or caretakers to live close to family members; ADUs will provide affordable housing for the local work force who would like to reside in the community where they work; ADUs would provide property owners who would like to remain in their home to “Age in Place” added income to sustain their lifestyle and offset the cost of living in the City; ADU’s will add to the housing supply and benefit residents, property owners, and the City of Fredericksburg. Patricia Holland, Executive Director of Healthy Generations Area Agency on Aging, 460 Lendall Lane, 22405, said its Board of Directors supports the proposed amendment of the Unified Development Ordinance governing the use of Accessory Dwelling Units (ADU) in the City. The February 9, 2019, League of Women Voters of Fredericksburg Area  4 report, titled Affordable Housing for Low-Income Seniors in the Fredericksburg Area, stated that the problem of insufficient affordable housing in our local area is well known and documented. Approval of ADU in the City will allow for cost effective housing for older adults wanting to stay in their community as well as other advantages stated below: - Extended family is near, but privacy is maintained with separate living areas, - Provides a size of living space suited for seniors, - Gives homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place as they require more care, - Allows for downsizing of living area, while retaining homeownership, - Allows for caregivers or relatives needing care. Healthy Generations Area Agency on Aging fully supports the City of Fredericksburg’s proposed amendment of the UDO to govern the use of ADU. Although a seemingly small housing addition, such a dignified option allows residents to keep their connections to the community. Thank you for allowing us the chance to review this proposal and for the honor of representing older adults in the City of Fredericksburg. Mr. Durham asked Mr. Johnston to respond to Ms. Paolucci’ s comments. Mr. Johnston said the City’s ADU web site will be modified so all information is more accessible. Mr. Durham continued the public hearing for this item to the next Commission meeting on March 8. 8. PUBLIC HEARING – New [00:34:00] A. The City of Fredericksburg proposes to amend the Unified Development Ordinance to repeal the Floodplain Overlay District and adopt the Virginia Department of Conservation and Recreation Model Floodplain Management Ordinance as the City of Fredericksburg Floodplain Overlay District. (Attachment 3) M. Johnston explained that the Federal Emergency Management Agency is publishing new maps revising the location of floodplain limits the City, effective April 5. He said the Virginia Department of Conservation and Recreation (DCR) is now requiring the City to update its floodplain regulations before these new floodplain maps go into effect. He said the new regulations follow the State’s model ordinance. He outlined the specific changes: • Repeal and replace Section 72-34.2, Floodplain Overlay District with the DCR model ordinance. The new text would be technically up to date and would adopt by reference the April 5, 2023 Federal Emergency Management Agency Floodplain Maps of the Rappahannock River, Hazel Run, and their tributaries; • Update cross references in Sections 72-62.1, Nonconforming Use, Generally and 72-63.6, Nonconforming Structures, Floodplain Overlay District; • Delete the term ‘New Construction’ in Section 72-84.0, Definitions, as this term and its definition is updated and listed in the model ordinance. Mr. Johnston reviewed the change to the floodplain maps, which lowered flood levels along the Rappahannock River, but raised flood levels along tributaries to the River, that are within the City. Mr. Hornung asked if individual property owners were contacted about these ordinance changes. Mr. Johnston said: no, as the ordinance changes are applicable is City-wide. He said FEMA sent notices to individual property owners regarding the map changes. One mapping challenge was submitted from representatives of the new Highlander Townhouse project on the south side of Lafayette Boulevard and north side of Hazel Run, just to the north and east of Rt 3. As a result of the mapping, the elevations of the townhouses were raised between one and two feet, depending on location, before construction. Mr. Durham asked if the proposed changes had any significant impact on property owners in the City. Accessory Dwelling Units Planning Commission Continued Public Hearing 2023 February 22  Process • Tonight --- Overview of ADU topic / Continue public hearing • Future --- Continue to gather public comments and questions and respond with appropriate analysis. • Next sessions: • February 23; 6:00; 718 Caroline Venue Event Space • Community event sponsored by Fred 15 / Fossil Free Fredericksburg / the disAbilty Resource Center • March 8; 6:30; Council Chambers • Continued Planning Commission public hearing  Accessory Dwelling Unit Community Meeting Schedule • This is the schedule of meetings to discuss the proposals for Accessory Dwelling Units. • The meetings are either as: Public Hearings, which are more formal sessions, with speakers limited to five minutes OR Community Sessions, which are more informal opportunities for conversations among all parties. At these sessions, there will be no time limit on speaking beyond the scheduled meeting parameters. • Wednesday, February 8 6:30 pm Council Chambers* 715 Princess Anne St PC Public Hearing • Saturday, February 11 10:00 am Dorothy Hart Cmty Cntr 408 Canal St – Rm 1 PC Community Session • Thursday, February 23 6:00 pm 718 Venue 718 Caroline Street Fred15/Fossil Free Fxbg • Wednesday, March 8 6:30 pm Council Chambers*; 715 Princess Anne Street PC Public Hearing • Wednesday, March 15 7:00 pm Lafayette Upper Elementary 3 Learning Lane PC Community Session • Wednesday, April 12 6:30 pm Council Chambers* 715 Princess Anne Street PC Public Hearing • Saturday, April 1 10:00am School Board Meeting Room 210 Ferdinand Street PC Community Session • Wednesday, April 19 7:00 pm Police Dept – Training Room 2200 Cowan Blvd PC Community Session • Wednesday, May 10 7:30 pm Council Chambers* 715 Princess Anne Street PC Public Hearing *All the Planning Commission public hearings will start at 6:30. They will occur in the Council Chambers in City Hall - 714 Princess Anne Street. Council Chambers access is on the Hanover Street side of the building.  Overview of Comments/Questions at Meetings to Date • Impacts on City services: police, fire, water, sewer • Parking • Sufficient enforcement of occupant and size limits • HOA covenants can preclude ADUs; would take precedence over zoning regulations • Short term stay uses (bed & breakfast operations) are not allowed to have kitchens • converting an ADU to a short-term stay bedroom would require removal of kitchen • Should the ‘resident manager’ be the property owner • Should adjacent property owners be notified of a proposed ADU • An ADU can not be a ‘Tiny House’ on a trailer • Allows residents to be able to age in place • Provides an opportunity for family care in lieu of institutional care • Good for Community walkability, multi-modal transportation networks, and efficiency of public services Next Step Further Discussion • Historically, most residential areas in the City had a diverse mixture of housing types to allow different segments of society to share a neighborhood. This diverse mixture included: accessory dwelling units, duplexes, triplexes, quadplexes, single family courts, townhomes, and small apartment buildings. These housing types are called now called ‘missing middle housing’. • Permitting accessory dwelling units would: • Make legally conforming a common residential feature of the City • tax records show at least 90 ADUs currently in area of the City east of Rt 1. • Allow a family to provide independent living space for family members needing some assistance. • Allow additional rental income (to not more than two unrelated people) for resident property owners. • New standards would permit accessory dwelling units by right in: R2, R4, R8, CT, CD, PD-R, PD-MU, PD-MC zoning districts, located either within principal single-family dwellings or in accessory structures. • New standards would not change the number of people allowed on a property: a family and not more the two unrelated persons (unrelated to the family). Accessory Dwelling Unit Standards • One ADU per lot • One ‘kitchen’ in an ADU (in addition to one in principal dwelling) • ADU not counted when calculating density • Occupants in both the principal dwelling and ADU must be related family members and not more than two additional unrelated people (current rule) • If in principal dwelling: limited to 40% of dwelling’s gross floor area • If in accessory structure: limited to 400 sq ft (defined by Building Code as a ‘Tiny House’) • Any exterior entrance for an ADU in a dwelling would on the side or rear. • There must be a resident manager Associated Changes • Residential Kitchens • A core element of a dwelling is food preparation, with only one ‘Kitchen’ allowed per dwelling. This amendment would allow a second full kitchen for the ADU and add a definition of Residential Kitchen. Any room in a dwelling principally used, intended, or designed to be used for cooking or the preparation of food or drink, which contains or is constructed to contain a range, oven, and/or stovetop, with sink and refrigerator, any one of which are greater than 24 inches in width. Comprehensive Plan – Goals and Policies Chapter 7, Residential Neighborhoods and Housing Policy 8: Increase homeownership opportunities while also ensuring the City achieves an appropriate mix of housing choices (single-family homes, townhouses, loft apartments, accessory apartments, etc. Chapter 8, Historic Preservation Goal 6: Use smart preservation strategies to address the affordability of housing. Policy 4. Encourage a mix of uses and housing types that reflect traditional neighborhood patterns, including accessory dwelling units, bungalow courts, attached housing, carriage houses, and other missing middle housing types. asdf Comprehensive Plan – Area Plans • Area 7, Downtown Opportunities: Promote residential and mixed-use development in corridors and the downtown core. Protect the existing variety of “missing middle” housing types within neighborhoods. Evaluate an Accessory Dwelling Unit ordinance that permits existing neighborhoods to evolve to meet the changing housing needs. T-3 Transect: Allowing accessory dwelling units is one option to continue this pattern of appropriate incremental growth. The building mix in the T-3 Zone are compatible in form and scale to single family homes with some ground floor commercial use in some areas Implementation Regulations: Evaluate existing ordinances to ensure they adequately protect the City’s existing stock of non-conforming missing middle housing and evaluate an Accessory Dwelling Units ordinance to ensure City neighborhoods can continue to evolve to meet modern housing needs. From: Elizabeth Safley To: Taylor H. Owen Subject: [EXTERNAL] Planning Commission February 22nd Comment Date: Tuesday, February 21, 2023 9:58:54 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Taylor, Please submit the comment below for Wednesdays Planning Commission Meeting regarding ADU’s Thank you for your assistance, Elizabeth Dear Planning Commission of Fredericksburg, My name is Elizabeth Safley Griffey. I reside at 1231 Hanover Street. I am in full support of the Planning Commission and City Council Members implementing Accessary Dwelling Units (ADU) into the Fredericksburg ordinance for Brompton Heights/College Heights neighborhood.   ADUs will give property owners the option to build an accessory dwelling unit for aging relatives or caretakers to live close to family members. ADUs will provide affordable housing for the local work force who would like to reside in the community where they work. ADUs would provide property owners who would like to remain in their home to “Age in Place” added income to sustain their lifestyle and offset the cost of living in the City.    In summary, ADU’s will add to the housing supply and benefit residents, property owners, and the City of Fredericksburg. Thank you for your consideration, Elizabeth Safley Griffey    From: Virginia Branscome To: Planning Commission Members Subject: [EXTERNAL] ADU Date: Saturday, February 11, 2023 2:24:54 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Committee members of the Planning Commission: We have heard 2 presentations on proposed amendments to permit and establish Accessory Dwelling Units (ADU’s) in the city lately, We are opposed to this! Thank you , Ginnie and Jim Branscome 1400 Washington Ave Fredericksburg, Virginia 22401  To enhance the quality of life for all older citizens. February 8, 2023 City of Fredericksburg, VA Planning Commission 601 Caroline Street Fredericksburg, VA 22401 planning@fredericksburgva.gov Members of the City of Fredericksburg Planning Commission: Healthy Generations Area Agency on Aging exists to enhance the quality of life for all older citizens. It is in this spirit that we write in support of the proposed amendment of the Unified Development Ordinance (UDO) governing the use of Accessory Dwelling Units (ADU) in the City. As written in the February 9, 2019, League of Women Voters of Fredericksburg Area report titled Affordable Housing For Low-Income Seniors In the Fredericksburg Area, the problem of insufficient affordable housing in our local area is well known and documented. Approval of ADU in the City will allow for cost effective housing for older adults wanting to stay in their community as well as other advantages below: • Extended family is near, but privacy is maintained with separate living areas. • Provides a size of living space suited for seniors • Gives homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place as they require more care. • Allows for downsizing of living area, while retaining homeownership. • Allows for caregivers or relatives needing care. Healthy Generations Area Agency on Aging fully supports the City of Fredericksburg’s proposed amendment of the UDO to govern the use of ADU. Although a seemingly small housing addition, such a dignified option allows residents to keep their connections to the community. Thank you for allowing us the chance to review this proposal and for the honor of representing older adults in the City of Fredericksburg. Sincerely, Patricia Holland Executive Director on behalf of the Board of Directors 460 Lendall Lane Fredericksburg, VA 22405 Phone: (540) 371-3375 Fax: (540) 371-3384 Mobility Options: (540) 656-2985 www.healthygenerations.org HGAAA Service Area: City of Fredericksburg, counties of Caroline, King, George, Stafford and Spotsylvania  UDO Amendment FY23-02 Floodplain Management Ordinance for the Floodplain Overlay District 2023 February 22 Overview • The City received finalized flood hazard maps on October 5, 2022 that will go into effect on April 5, 2023. • The City must adopt an updated floodplain management ordinance by March 15, 2023. • If the current ordinance is not replaced by March 15th, the City will automatically be suspended from the National Flood Insurance Program (NFIP). • Current Floodplain Overlay District ordinance was first adopted in 1979 and last updated in 2007. Timeline • February 14: Council passes initiation resolution. • February 22: Planning Commission holds public hearing and makes its recommendation. • February 28: Council holds public hearing and takes action on two reads. • By March 15: Approved Floodplain Ordinance sent to FEMA and DCR for their final review. How will the updated ordinance affect the City? • The DCR model ordinance does not substantially change the way the City currently implements the NFIP or floodplain management requirements. • The updated ordinance will allow the City to remain a part of the NFIP, which provides important support for city residents. • Federally backed mortgages, direct loans, disaster relief funds. • Suspension from the NFIP results in foreclosure of existing loans and mortgages. • Protect residents from potential loss of life and property. Updates • References the updated Flood Hazard Maps • Updated definitions. • Clarified information on administrative framework. • Technical updates. • Construction specifications for new development and redevelopment of residential and commercial sites. Regulatory Floodway 1% Annual Chance Floodplain 0.2% Annual Chance Floodplain Interim DCR review • The draft floodplain management ordinance was sent to DCR for interim review. • DCR identified two changes that have been completed for Commission action. • Approved ordinance submitted for final review by DCR to deem the ordinance compliant. Recommendation • Adoption of the DCR Model Floodplain Ordinance in order to implement required minimum standards to remain in the NFIP. Questions?