Legislation Details

File #: 26-5772    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 10/6/2026 In control: Town Council Meeting
On agenda: 10/26/2026 Final action:
Title: Referral to the Planning Commission of Proposed Code Amendments: Tree Canopy, Windover Heights Board of Review, Outdoor Dining, and Specialized Instruction
Attachments: 1. 01 - HB 549 Tree Conservation 10 percent 15.2-961.1, 2. 02 - Chapter 17 - Vienna Tree Conservation Ordinance - Proposed Revisions Redline, 3. 03 - Prop Revisions to Ch 18 Related to Windover Heights Boards of Review, 4. 04 - Prop. Revisions to Ch 18 Related to Outdoor Dining, 5. 05 - Prop. Revisions to Ch 18 Related to Specialized Instruction, 6. 06 - Regulatory Requirements for Agenda Item
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. Du...

Click here for full text