August 14, 2026 FSM PRC Meeting: ADU Agreements & Gated Community Standards

The Facility Standards Manual Public Review Committee (FSM PRC) met virtually on August 14, 2026, to discuss a model ADU written agreement and proposed amendments for gated community standards. The committee also approved previous meeting minutes, received an update on the plan clearance technical memo, and bid farewell to county staff member Zeb Fults. Note: The agenda and transcript indicate the meeting date as July 16, 2026, but the provided date is August 14, 2026; this summary uses the provided date.

Consent Calendar

• The committee unanimously approved the minutes from the June 18, 2026 meeting.

Plan Clearance Tech Memo Update

• County staff reported that work with the county attorney on a written analysis of an alternative interpretation is ongoing. The system is currently functional and has been used successfully on at least one project. Staff indicated they are available to assist applicants interested in exploring the plan clearance option.

Discussion: ADU Written Agreement

• Laura and Adrian (County Attorney’s Office) presented a model agreement required under Zoning Ordinance Section 9.01A2 for applications yielding less than 24 dwelling units that could potentially trigger ADU requirements on adjacent land under common ownership or control. The model agreement records a covenant binding future owners to comply with ADU program requirements if the collective dwelling unit count reaches 24 or more. Key points included:
  • The agreement is recorded as a covenant running with the land to put all owners and future buyers on notice.
  • The model uses a 24-unit threshold (reduced from 50) to reflect smaller infill developments; the specific calculus for 24 is not documented but aligns with town of Leesburg practice.
  • The agreement does not impose current ADU obligations; it only triggers if later applications increase the total to 24 or more.
  • Discussion centered on the timing of recordation (prior to administrative approvals such as subdivision plats or site plans, but not before legislative approvals), the need for a release mechanism if the threshold changes in the future, and the definition of “common ownership or control” (1% equity or trust/beneficiary interest).
  • Teresa Miller will issue an advisory opinion with the template. Committee members were asked to submit comments directly to Laura by early August (first Monday in August) for consideration before the template is finalized.

Discussion: Gated Community Standards

• Laura presented draft language developed by the gated community work group, which met four times. The standards address vehicle stacking, queuing, emergency access, and signage for gated entrances on private roads serving residential communities.
  • Minimum storage length: 50 feet from the edge of right-of-way or pedestrian crosswalk to the process location (the point where the vehicle stops for transaction). This accommodates one vehicle at the gate and one behind it (two 25-foot spaces), based on a conservative 20-second transaction rate and 60 inbound peak-hour trips. (Actual RFID systems average 8 seconds.) The 60 peak-hour trips correspond to approximately 93 single-family detached, 186 single-family attached, or 232 multifamily units.
  • Queue analysis required: If inbound peak-hour trips exceed 60, a queuing analysis using the Highway Capacity Manual (or alternative approved by the director) must be submitted. The analysis may allow reduction of the 50-foot minimum.
  • Other requirements: The analysis must describe operations (number of access points, lane distribution, resident/visitor/service vehicle access, visitor rejection, etc.). Signage and pavement markings must direct users. Gate failure provision: electrically operated gates must be capable of manual operation (broadened from just power failure to any failure). Emergency access: gates must have an emergency access system approved by the Fire Marshal (placeholders for future specificity on click-to-enter systems).
  • Discussion included clarifying the measurement point (edge of right-of-way vs. process location) and noting that the 50-foot minimum is conservative; typical sedan vehicles could fit three cars in 50 feet. The threshold of 60 inbound trips was questioned as low for 238 condos, but the work group defended it based on ITE trip generation and the fact that multiple entrances distribute traffic.
  • No formal vote was taken. The committee indicated the draft is close to final and will proceed to agency referral. Next steps include attorney review and a resolution of intent to amend.

Key Outcomes

• Minutes approved: The June 18, 2026 minutes were approved unanimously.
• ADU written agreement: Committee members must submit comments on the model agreement to Laura by early August. The advisory opinion and final template will follow.
• Gated community standards: The draft text will be sent for agency referral; the committee expects to discuss comments at the September 10 meeting. No formal vote today.
• Next meetings: Thursday, September 10, 2026 (Dulles Room) and Thursday, September 24, 2026 (Dulles Room). The August meetings are cancelled.
• Zeb Fults’ departure: Zeb Fults, county staff liaison, attended his last PRC meeting; his last day is August 5, 2026. The committee thanked him for his contributions.