Subject:
Title
Public Hearing on Proposed Amendments to Town Code Chapters 17, 18 and 27, related to Enhancing Vienna's Tree Canopy
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.
EXPLANATION AND SUMMARY:
On October 23, 2023, the Town Council will hold a public hearing to hear from the public on two proposed options (Attachments 1 and 2) for preserving and enhancing the tree canopy in the Town of Vienna. The Oct. 2, 2023, motion that was approved was as follows:
I move to renew the motion to set the public hearing for Oct. 23, 2023, on the Option 2 approach to amending Chapters 17, 18 and 27 of the Town Code with respect to enhancing Vienna’s tree canopy, with the Option 1 approach also to be presented to the public for possible consideration of its form, content and structure for possible inclusion into a new tree ordinance. I further direct the Town Clerk and staff to advertise this public hearing as required.
Option 1 is provided as Attachment 1 to this report.
Option 2 is Attachment 2.
Background
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.
A more-detailed background discussion can be found online in the report for the Aug. 28, 2023, Town Council meeting, at <https://viennava.legistar.com/LegislationDetail.aspx?ID=6322956&GUID=56F6BCEE-0208-4924-B01E-9973EF40F027&Options=&Search=>.
A discussion and relevant documents can also be found on the Department of Planning and Zoning’s website, under Zoning and Subdivision Code Updates, and Tree Ordinance Updates, at www.viennava.gov/your-government/town-departments-at-your-service/planning-and-zoning/zoning-code-update-code-create-vienna <http://www.viennava.gov/your-government/town-departments-at-your-service/planning-and-zoning/zoning-code-update-code-create-vienna>.
Proposed Code Amendments
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 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 Aug. 28, the Town Council considered two legislative options to accomplishing these amendments, one submitted by Brian Land, who had participated in studying the problem since 2020; and one submitted by the Town Attorney. Features are the two options are as follows:
Option 1. (Attachment 1) Brian Land has proposed a set of code amendments that would place all tree canopy and preservation components into a single new chapter of the Town Code, to include requirements regarding tree conservation/planting on development lots, the Tree Board, and a new requirement for regular reporting on tree management. To adopt this new chapter would require 1) deleting the existing tree canopy standards from within the existing Town Code Chapters 17 (Subdivision) and 18 (Zoning), and replacing them in the new chapter with the new tree canopy requirements and incentives; and 2) deleting the existing definition and description of the Tree Board from Town Code Chapter 27 (Conservation and Sustainability Commission (CSC)), and replacing it within the new chapter with a Tree Commission and an updated definition. This proposal also includes instituting a tree bond and 12-month inspection provision, and placing responsibility for implementation of the entire chapter with the Department of Parks and Recreation, including the development standards.
Option 2. (Attachment 2) The Town Attorney’s proposes to achieve the same overall goals in the Town Code, but proposes to do so in the following manner: 1) amend Chapters 17 and 18, to update the standards and leave them in the locations where developers and the Town’s regulatory staff will most easily find them; and 2) amend Chapter 27, to update the description of the Tree Board to include the reporting responsibility, in conjunction with staff, within the amended Tree Board description. Currently the Department of Planning and Zoning, in consultation with the Department of Parks and Recreation and Department of Public Works enforces the Town’s existing development standards with respect to trees. The Town Attorney recommends that this approach remain in place (under either State-allowed approach to tree requirements during development), because the Department of Planning and Zoning (the Zoning Administrator) has final decision authority for all development standards, as well as enforcement. However, the Zoning Administrator would, as is done now, rely on the other two departments for technical expertise. Virginia Code Section 15.2-961.1, the Tree Replacement approach, states that violations of provisions adopted pursuant to that section are enforced the same as zoning violations.
On Aug. 28, the Town Council voted to forward both approaches to the Planning Commission for review and recommendation to the Town Council.
The Planning Commission held its required public hearing on Sept. 27, 2023, and is now working diligently to develop and forward its recommendations to the Town Council. Staff encourages the Town Council to be flexible as to when the Planning Commission sends its recommendations, as the task is complex.
The next required step for the Town Council is to hold a public hearing and to receive written input from the public. The public hearing will be held on Oct. 23, 2023. The Town Council also welcomes written input, which can be submitted through the Town Clerk (Melanie Clark), be sending comments to mclark@viennava.gov <mailto:mclark@viennava.gov>, or to Vienna Town Hall, 127 Center Street S, Vienna, Virginia 22180.
Strategic Plan Initiative: Vienna as an environmentally sustainable community
Board or Commission of Interest: Conservation & Sustainability Commission, Planning Commission.
Departmental Recommendation: The Parks & Recreation Department and the Department of Planning and Zoning recommend a public hearing to allow the Town Council an opportunity to receive public input on the Option 2 approach to amending Chapters 17, 18 and 27 of the Town Code with respect to enhancing Vienna’s tree canopy, with the Option 1 approach also to be presented to the public for possible consideration of its form, content and structure for possible inclusion into a new tree ordinance.
Town Attorney Recommendation: At the time of the preparation of this Agenda Item, the Planning Commission had not completed its required review and recommendation of any proposed amendments to Chapter 17, 18, and 27. The consideration of the Planning Commission’s recommendation on any proposed amendments to Chapters 17 and 18 is statutorily required before any action can be taken to adopt amendments.
The Town Attorney has reviewed the relevant state and Town Code sections related to public hearings and the Planning Commission’s recommendations on amendments and determined that while the Town Council may conduct a public hearing on proposed amendments to Chapter 17 and 18, the Town Council should not consider adopting any amendments or direct the Town Clerk to advertise an Intent to Adopt until the Town Council has received and considered the Planning Commission’s Recommendations.
Town Manager's Recommendation: I recommend the Town Council close the public hearing and take actions that are consistent with the Virginia Code.
PROPOSED/SUGGESTED MOTION
Recommended Action
"I move to close the public hearing."
And/Or
“I move to leave the public record open for written testimony until {a specific date and time}”
And/Or
Other action deemed necessary by Council.