Subject:
Title
Adopt Text Amendments Related to Preserving and Enhancing Tree Canopy in Chapters 18 and 27, and Adopt a new Chapter 17 - Tree Preservation and Canopy Requirements During Development
Body
DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE:
Sept. 14, 2020 - Request approval of pro bono tree project by Kirkland & Ellis and Ramboll US Corporation
Oct. 11, 2021 - Approve Urban Tree Canopy Assessment funding agreement
Oct. 17, 2022 - Presentation of Urban Tree Canopy Assessment Report
Jan. 9, 2023 - Motion to Adopt Top Four Council Priorities
March 6, 2023 - Presentation of Trees in Vienna: A Review of Programs to Help Vienna Preserve and Manage its Tree Canopy.
May 8, 2023 - Urban Tree Management Discussion
June 5, 2023 - Request formal approval to increase FY2023 spending with PlanIT Geo for tree inventory.
June 12, 2023 - Urban Tree Management Discussion
June 20, 2023 - Presentation - Tree Inventory Report
Aug. 28, 2023 - Discussion of Proposed Code Amendments to Enhance Tree Canopy, Tree Preservation and Amendments to Tree Board and/or Creation of an Independent Tree Commission; and referral of drafts to the Planning Commission for its review.
Sept. 25, 2023 - Set a Public Hearing on Proposed Amendments to Town Code Chapters 17, 18 and 27, related to Enhancing Vienna's Tree Canopy - Motion failed by Town Council vote of 3-3.
Oct. 2, 2023 - Renew the motion to set a Public Hearing on Proposed Amendments to Town Code Chapters 17, 18 and 27, related to Enhancing Vienna's Tree Canopy - Motion approved by Town Council 10/2/23.
Oct. 23, 2023 - Public Hearing on Proposed Amendments to Town Code Chapters 17, 18 and 27, related to Enhancing Vienna's Tree Canopy
Nov. 13, 2023 - Preserving and Enhancing Tree Canopy - Consideration of Intent to Adopt new Town code amendments to Chapters 17, 18 and 27
Dec. 4, 2023 - Discussion of potential code amendments to Chapters 17, 18 and 27 - Preserving and Enhancing Tree Canopy
Jan. 8, 2024 - Second discussion of potential code amendments to Chapters 18 and 27 - Preserving and Enhancing Tree Canopy
Feb. 5, 2024 - Request to Direct the Town Clerk to advertise a Notice of Intent to Adopt Text Amendments Related to Preserving and Enhancing Tree Canopy in Chapters 17, 18 and 27. Town Council deferred agenda item to Feb. 26, 2024
Feb. 26, 2024 - Request to Direct the Town Clerk to advertise a Notice of Intent to Adopt Text Amendments Related to Preserving and Enhancing Tree Canopy in Chapters 17, 18 and 27. Town Council deferred the agenda item and, instead, asked that a March 4, 2024 work session be held.
March 4, 2024 - Third discussion of potential code amendments to Chapters 18 and 27 - Preserving and Enhancing Tree Canopy
March 18, 2024 - Request to Direct the Town Clerk to advertise a Notice of Intent to Adopt Text Amendments Related to Preserving and Enhancing Tree Canopy in Chapters 17, 18 and 27. Town Council deferred the agenda item to April 8, 2024.
April 8, 2024 - Request to Direct the Town Clerk to advertise a Notice of Intent to Adopt Text Amendments Related to Preserving and Enhancing Tree Canopy in Chapters 17, 18 and 27.
EXPLANATION AND SUMMARY:
Since 2020, the Town Council, community members, the Conservation and Sustainability Commission (CSC) and staff have been bringing increased attention to the challenge of the declining number of trees in the Vienna town limits. Research showed that there was a 13% decline in the tree canopy in Vienna from 2011 to 2021.
On Aug. 28, 2023, the Vienna Town Council indicated its desire to adopt amendments to the Town code with the purpose of preserving and enhancing the Town’s overall tree canopy.
Three categories of potential code amendments were discussed:
• Changing the regulatory approach regarding tree canopy during development from the Town’s current approach, which operates under the State’s tree replacement provision (Virginia Code Section 15.2-961), to the other approach permitted by the Commonweath, which is more focused on providing incentives for tree conservation (Virginia Code Section 15.2-961.1).
• Changing the Town’s approach to the Tree Board, which is currently in Section 27-5 of the Code of Vienna and subservient to the CSC. A new Tree Advocacy Committee is proposed.
• Adding a code requirement for regular reporting on tree management.
On Aug. 28, 2023, the Town Council considered two legislative options for accomplishing these amendments and referred them both to the Planning Commission for review and recommendation.
On Sept. 27, 2023, the Planning Commission held a public hearing, which is required under State law for any proposed changes to zoning. On Nov. 8, after four discussions, the Planning Commission completed its recommendation and forwarded a memorandum to the Town Council. The Planning Commission took particular care to ask the Department of Parks and Recreation about its views and the challenges of implementation.
On Oct. 23, 2023, Town Council held its required public hearing and received written input through Nov. 3, 2023.
On Dec. 4, 2023, the Town Council held a Conference Session to review the public testimony and the Planning Commission recommendations memorandum. The Council then discussed a series of decision points related to the potential code amendments.
On Jan. 8, 2024, the Town Council held a Conference Session to review the updated version of potential amendments to the Town Code based on Town Council guidance from the Dec. 4, 2023 Conference Session.
On Feb. 5, 2024, the Town Council deferred the agenda item “Request to Direct the Town Clerk to advertise a Notice of Intent to Adopt Text Amendments Related to Preserving and Enhancing Tree Canopy in Chapters 17, 18 and 27” to Feb. 26, 2024, to allow Council one additional week to provide comments to staff on the draft text amendments.
On Feb. 26, 2024, the Town Council deferred the agenda item “Request to Direct the Town Clerk to advertise a Notice of Intent to Adopt Text Amendments Related to Preserving and Enhancing Tree Canopy in Chapters 17, 18 and 27” to March 4, 2024, to give Council an opportunity, through a work session, to provide additional guidance on the final form of the legislation.
March 4, 2024 - the Town Council held a Work Session to review the updated version of potential amendments to the Town Code based on Town Council guidance from the Jan. 8, 2023 Conference Session.
On March 18, 2024, the Town Council deferred the agenda item “Request to Direct the Town Clerk to advertise a Notice of Intent to Adopt Text Amendments Related to Preserving and Enhancing Tree Canopy in Chapters 17, 18 and 27” to April 8, 2024.
On April 8, 2024, the Town Council approved a motion to direct the Town Clerk to advertise a Notice of Intent to adopt the proposed text amendments, as amended during the April 8th meeting, related to the creation of a Tree Commission as well as the preserving and enhancing of tree canopy during development in Chapters 18, 27, and the adoption of a new Chapter 17, TREE PRESERVATION AND CANOPY REQUIREMENTS DURING DEVELOPMENT for April 29, 2024, with an effective date of July 29, 2024
Attachment 1 provides the updated changes to the newly adopted (under Code Create) Chapter 18 - Zoning and Subdivision Ordinance and to Chapter 17, where the regulations related to trees would be housed if the code amendments are adopted. It reflects the potential shift of Vienna from regulating tree canopy during development from the State provision 15.2-961 - Replacement of Trees During Development to the alternate permitted approach 15.2-961.1 - Conservation of Trees During Land Development. It also reflects the Town Council’s guidance on specific points within 15.2-961.1.
Attachment 2 provides the updated changes to Chapter 27 - Conservation and Sustainability Commission, where the Tree Board is currently defined. Changes to Section 27-5 reflect the Town Council’s guidance.
Attachment 3 provides the relevant State Code under which the Town Council would be taking action.
Additional attachments provide a staff memorandum, public comments to the Planning Commission and the Town Council, the Planning Commission’s recommendation memorandum, the Regulatory Requirements form, and comments provided by Council members.
NEXT STEPS: The adopted text amendments to Chapters 18 and 27, and the adoption of a new Chapter 17 - TREE PRESERVATION AND CANOPY REQUIREMENTS DURING DEVELOPMENT will become effective on Monday, July 29, 2024.
Strategic Plan Initiative: Vienna as an environmentally sustainable community.
Departmental Recommendation: Town Council may adopt the text amendments, and the ordinance if approved shall become effective on Monday, July 29, 2024.
Purchasing Recommendation:
Town Attorney Recommendation: The Town Council has received input from the public, held Conference/Work Sessions, conducted a public hearing, and received recommendations from the Planning Commission regarding proposed amendments to the Town’s Tree Canopy and Tree Board ordinance provisions. The proposed amendments to Chapter 18, creation of a new Chapter 17, and amendments to Chapter 27 to create a new Tree Advocacy Committee are now before the Town Council for its final review and decision as to whether to advertise adoption.
The Town Council may direct the Town Clerk to advertise an intent to adopt the proposed amendments to Chapters 18 and 27, and the adoption of a new Chapter 17 - TREE PRESERVATION AND CANOPY REQUIREMENTS DURING DEVELOPMENT in its discretion.
UPDATE: The Town Council considered additional amendments at its April 8, 2024 meeting. After further discussion on April 8th and some additional editorial comments, the proposed Amendments to Chapter 18, creation of a new Chapter 17 and amendments to Chapter 27 have been advertised for consideration of adoption. The Town Council may adopt the proposed amendments and new provisions to Chapter 18, Chapter 17 and Chapter 27 in its discretion.
Town Manager's Recommendation: I recommend that the Town Council adopt the proposed amendments to Chapters 18 and 27, and the new Chapter 17 - TREE PRESERVATION AND CANOPY REQUIREMENTS DURING DEVELOPMENT.
Cost and Financing: N/A
Account Number: N/A
Prior Funding Approval: Annual General Budget (Year), Amendments, CIP Budget (Year), or ARPA. N/A
Decision Needed by This date: April 8, 2024
PROPOSED/SUGGESTED MOTION
Recommended Action
"I move to adopt the proposed text amendments related to the creation of a Tree Advocacy Committee as well as the preserving and enhancing of tree canopy during development in Chapters 18, 27, and the adoption of a new Chapter 17, TREE PRESERVATION AND CANOPY REQUIREMENTS DURING DEVELOPMENT with an effective date of July 29, 2024."
Or
Other action deemed necessary by Council.