Subject:
Title
9:15 - 10:00 p.m. Third discussion of potential code amendments to Chapters 18 ad 27 - Preserving and Enhancing Tree Canopy
Body
BACKGROUND SUMMARY:
Since 2020, the Town Council, community members, the Conservation and Sustainability Commission (CSC) and staff have all been bringing increased attention to the challenge of the declining amount of trees in the town limits of Vienna. Research conducted has shown that there has been a 13% decline in the tree canopy in Vienna over the 10 years from 2011 to 2021.
On August 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:
1. 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 State, which is more focused on providing incentives for tree conservation (Virginia Code Section 15.2-961.1).
2. 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.
3. Adding a code requirement for regular reporting on tree management.
On August 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 September 27, 2023, the Planning Commission held a public hearing, which is required under State law for any proposed changes to zoning. On November 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 October 23, 2023, Town Council held its required public hearing and received written input through November 3, 2023.
On December 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 January 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 December 4, 2023 Conference Session.
On February 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 February 26, 2024 to allow Council one additional week to provide comments to Town Attorney on the draft text amendments.
On February 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.
OVERVIEW
Based on the January 8, 2024 council conference discussion, staff and the Town Attorney have worked together to bring an updated version of potential amendments to the Town Code, based on the Town Council guidance. Town Council has provided a list of comments on the potential code amendments to Chapters 18 and 27 for further discussion.
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 9 provides a list of Town Council comments
SUMMARY/STAFF IMPRESSIONS:
Staff suggests that, at the Work Session, the Town Council discuss and provide guidance to staff and the Town Attorney on the components that should be included in an ordinance that may be considered for adoption. After that guidance, staff suggests that the Town Council will have a clear pathway to carry out the following required steps to achieve adoption:
- Production of a consolidated draft ordinance that accurately reflects the wishes of the Town Council.
- Direct the Town Clerk to advertise the Notice of Intent to Adopt the finalized ordinance, leaving the Town Clerk sufficient time to advertise for two successive weeks in advance of adoption.
- Schedule a date for adoption after the advertising has been completed.
RECOMMENDATION:
Recommended Action
Town Council discuss updated potential code amendments and provide guidance to staff and the Town Attorney on the provisions that the Town Council wishes to be included in the amendments.
TOWN ATTORNEY COMMENTS:
The Town Attorney has attached a working draft of the proposed edits to Chapter submitted by Councilmember Anderson as well as incorporating margin comments from Councilmembers Brill and Springsteen. The Town Attorney concurs in the format suggestions made by CM Anderson with respect to the numbering/addition of Articles to Chapter 17. The Town Attorney has no legal objections to the descriptive “Purpose and Intent” provision suggested. All substantive provisions are required to be in the body of the Ordinance, but such a preliminary section is helpful to the general public and state the intended policy of the Town.
With respect to other suggested edits, the Town Attorney has included highlighted comments to the attached working draft of the ordinance for further discussion.
NEXT STEPS:
At the end of the conference session, the Town Council may indicate to staff and the Town Attorney whether the Council is satisfied and is prepared to vote to approve a Notice of Intent to Adopt at the next available session, providing the Town Attorney sufficient time to make any necessary changes to the proposed legislation. If the Town Council is prepared to adopt the legislation, the next step will be to return for a meeting agenda item for final review and directing the Clerk to advertise the Notice of Intent to Adopt.
Attachments:
1. Draft amendments to Chapter 18 - Zoning and Subdivision Ordinance and new proposed Chapter or Article for Tree Canopy/Preservation Ordinance provisions.
2. Draft amendments to Chapter 27 - Conservation and Sustainability Commission.
3. Relevant portions of the State code, which are Virginia Code Section 15.2-961 - Replacement of Trees During Development and Virginia Code Section 15.2-961.1 - Conservation of Trees During Land Development.
4. Staff memorandum, and associated presentation document, used at the December 4, 2023, Conference Session.
5. Written testimony to the Planning Commission for its public hearing.
6. All public comments made at the Town Council public hearing on October 23, 2023.
7. All written comments submitted to the Town Council by the deadline of November 3, 2023.
8. Planning Commission’s recommendation memorandum to the Town Council.
9 - 13. Town Council Comments
14. Consolidated proposed edits to Chapter 17 and Comments submitted by Councilmembers Anderson, Brill and Springsteen, including Town Attorney comments.