Subject:
Title
Referral to the Planning Commission of Proposed Code Amendments: Tree Canopy, Windover Heights Board of Review, Outdoor Dining, and Specialized Instruction
Body
DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE:
On October 19, 2026, the Town Council held a work session to discuss proposed amendments to Chapters 17 and 18 of the Town Code, including the four amendments presented with this report.
EXPLANATION AND SUMMARY:
This agenda item gives the Town Council the opportunity to refer four proposed code amendments to the Planning Commission. Staff had originally planned to bring the tree canopy amendment forward on October 26 and the other three on November 9. Following the work session, all four are presented together.
If the Town Council supports these changes, the action for the Council is to vote to refer the proposed amendments to the Planning Commission. The Commission would then review the proposals, hold its required public hearing, and prepare its recommendation memorandum to the Town Council. The Town Council would then hold its required public hearing and make its final decision.
1. Tree Canopy (Chapter 17)
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 a 13 percent decline in Vienna’s tree canopy from 2011 to 2021. After many work sessions, meeting agenda items, and public hearings, the Town Council adopted updates to the Town Code within Chapters 17, 27, and 28 on April 29, 2024.
In parallel with this initiative, the Town Council has advocated to the Virginia General Assembly for many years for a change to Virginia law. The change would allow the Town to require that canopy coverage limits be reached within 10 years of a development or redevelopment project, rather than 20 years. Fairfax County has had this authority for years. During the 2026 legislative session, HB 549 was adopted, giving Vienna this authority. Attachment 01 provides the adopted legislation.
Attachment 02 shows the proposed amendments to Chapter 17. The changes are very simple: they change the number “20” to the number “10” in all the relevant portions of the Town Code. As part of adoption, staff will recommend an effective date that provides time to update the administrative manuals that implement the Town’s tree canopy requirements.
2. Windover Heights Board of Review (Chapter 18)
The proposed amendments are supported by the Windover Heights Board of Review (WHBR) and are shown in Attachment 03. They would:
• Landscape review. Allow the WHBR to review landscaping that is part of a project already before the Board, and standalone landscape projects that disturb 2,500 square feet or more.
• Membership. Replace the CSC member with a resident of the Windover Heights neighborhood. Allow the Board of Architectural Review and the Planning Commission to appoint their own members to the WHBR directly.
• Meeting procedures. Codify the option to cancel meetings when no application is pending, and allow applicants to request optional work sessions.
• Appeals. Consolidate the appeal provisions in one section. On appeal, the Council would review the WHBR’s minutes and decision.
3. Outdoor Dining (Chapter 18)
The proposed change would allow up to eight (8) outdoor dining seats without requiring additional parking. Seats beyond eight would continue to require one space per four seats. The Town Business Liaison Committee has identified outdoor seating as a priority for restaurants, and parking requirements are often the most significant obstacle. The proposed amendments to §§ 18-335, 18-531, and 18-903 are shown in Attachment 04.
4. Specialized Instruction (Chapter 18)
Specialized Instruction would become a permitted use instead of a conditional use in the zones where it is allowed. Since 2024, every new or expanded instruction business has required a conditional use permit, with review by the Planning Commission and a public hearing before the Board of Zoning Appeals. All have been approved with few changes beyond what staff requested during administrative review.
The existing use standards in § 18-345 would continue to apply. New parking standards in § 18-531 would base required parking on instructors and participants at maximum capacity. They would also allow the Zoning Administrator to require a drop-off plan where a facility mainly serves minors. The proposed amendments to §§ 18-304, 18-305, 18-531, and 18-903 are shown in Attachment 05.
Departmental Recommendation: The Department of Planning and Zoning recommends that the Town Council review the proposed draft code amendments and refer them to the Planning Commission for its review. The Department of Parks and Recreation joins in this recommendation for the tree canopy amendment.
Town Attorney Recommendation:
The Town Attorney recommends that the Town Council can refer the proposed zoning amendments to the Planning Commission at its own discretion.
Town Manager's Recommendation:
PROPOSED/SUGGESTED MOTION
Recommended Action
“I move to refer the proposed amendments to the Town Code as reflected in Attachments 02 through 05 to the Planning Commission for its review and recommendation.”
Or
Other action deemed necessary by Council.
ATTACHMENTS
01. HB 549 (2026), as adopted
02. Proposed Revisions to Chapter 17 - Tree Conservation Ordinance
03. Proposed Revisions Related to the Windover Heights Board of Review
04. Proposed Revisions Related to Outdoor Dining
05. Proposed Revisions Related to Specialized Instruction