File #: 19-1526    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 12/4/2019 In control: Town Council Meeting
On agenda: 12/9/2019 Final action:
Title: Proposal for Transparency and Accountability in Management of Town Right Of Way
Attachments: 1. May 9 2016 Chick-fil-A (December 9, 2019 TC Meeting Majdi), 2. BAR April 18 2019 Wawa (December 9, 2019 TC Meeting Majdi), 3. ALLEY Vacation and Abandoment Proceedure 8-7-2012_201402111402058873 (December 9, 2019 TC Meeting Majdi), 4. Agenda cover sheet 6-17-19
Related files: 20-1581

Subject:

Title

Proposal for Transparency and Accountability in Management of Town Right Of Way

Body

EXPLANATION AND SUMMARY

 

1.                     Amend and expand Town policy regarding alley vacation to include alterations and management of right of way. The expanded review process includes:

a.                     Town right of way between commercial and residential zones

b.                     public streets,

c.                     public sidewalks, and

d.                     property acquisition by Town or via proffers

 

2.                     Request within 90 days policy recommendations for tree conservation from Conservation and Sustainability Commission.

 

3.                     Request within 90 days written recommendations for improving approval process from Board of Architectural Review.

 

"Potential Town Council recommendations for CSC and BAR consideration

 

Town Council recommends the Conservation and Sustainability Commission consider five policies:

 

1.                     Conservation standards for trees and wildlife in Town right of way

2.                     Updated tree bond policy (see Arlington County)

3.                     Tree cutting, repair, and management carryover fund so that annual budget

            considerations do not affect tree preservation decisions

4.                     Lighting and noise spillover policies

5.                     Aesthetic and neighborhood compatibility standard

 

Town Council recommends the Board of Architectural Review (BAR) consider six ordinances or policies when writing recommendations for improving its approval process:

1.                     Require applicants to resubmit for second BAR review all modifications to site

            plan after initial BAR approval, either on subject property or Town right of way

2.                     Expand review process to include more retrofits of commercial and industrial 

            buildings

3.                     Require coordination with Town Arborist during application approval process

4.                     Require staff to consult BAR minutes for site plan modifications

5.                     Require lighting and noise spillover standards

6.                     Require aesthetic and neighborhood compatibility standards

Recommendations from both bodies should be published and presented for comment through a public hearing. The Town Business Liaison Committee should be consulted for comment.

 

Upon receiving recommendations, Town Council should consult with the Department of Public Works, Department of Planning and Zoning, and Department of Parks and Recreation on how to implement the recommendations and improve collaboration among departments on management of Town right of way."

 

Departmental Recommendation:  N/A

 

Finance Recommendation:  N/A

 

Purchasing Recommendation:  N/A

 

Town Attorney Recommendation:  The Town Council may establish policies and regulations related to the management of Town property and rights of ways in its discretion.

 

Town Manager's Recommendation:  N/A

 

Cost and Financing:  N/A

Account Number:  N/A

Decision Needed by This date:  N/A

 

PROPOSED/SUGGESTED MOTION

Recommended Action

"I move to request from the Conservation and Sustainability Commission, within 90 days,  a formal policy for recommendations for tree conservation in the Town right of way where such conservation is consistent with the purpose of the Town property and /or right of way.”

And

“I further move to request from the Board of Architectural Review, within 90 days, written recommendations for improving its approval process related to the preservation of trees on Town Property and ROWs.”

And

“I further move to include in correspondence with the Board of Architectural Review and the Conservation and Sustainability Commission the lists of recommended ordinances or policies for their consideration included in Agenda Item 19-1526.”

 

Or

 

Other action deemed necessary by Council.