Subject:
Title
Intent to Adopt Text Amendments Related to Outdoor Dining in Sections 18-72, 18-74, and 18-210
Body
EXPLANATION AND SUMMARY:
Emergency Ordinance for Outdoor Dining
Prior to the COVID-19 pandemic, the Town Code required a conditional use permit for outdoor dining, per Section 18-72, Section 18-74, and Section 18-210. Conditional use permits require a review by the Planning Commission and a decision by the Board of Zoning Appeals. Applicants must also pay a $1,500 fee for a conditional use permit. Additionally, per the current zoning ordinance, off-street parking spaces cannot be utilized for outdoor dining.
On June 1, 2020, the Vienna Town Council approved an emergency ordinance to permit temporary waivers of Town Code regulations for outdoor commercial activity, specifically to assist businesses that were adversely affected by the ongoing COVID-19 pandemic. The Town Council approved several extensions of the emergency ordinance, with the last one not to be extended beyond six months from the June 30, 2021 expiration of the Commonwealth of Virginia’s State of Emergency.
From June 1, 2020 to Dec. 31, 2021, 22 restaurants received approval for temporary outdoor dining. Of those 22 restaurants, 13 utilized off-street parking spaces for outdoor dining space. In October 2021, staff observed a total of 58 off-street parking spaces being utilized.
Zoning Ordinance Text Amendments
To address the ongoing need for outdoor dining and plan for the emergency ordinance expiration, the Town Council directed the Planning Commission to consider text amendments that would allow outdoor dining on a more permanent basis, without the need to receive a conditional use permit. The Planning Commission held a public hearing on Nov. 3, 2021 and voted 6-0 to recommend approval of the text amendments as presented to the Town Council.
On Nov. 15, 2021, the Vienna Town Council held a public hearing on proposed amendments to the zoning ordinance related to the allowance of outdoor dining. Several residents and business owners provided comments during the hearing. In addition, Council received 100+ emails on the matter. After hearing concerns regarding noise and discussing other potential issues with outdoor dining, the Council voted to close the public hearing and continue the discussion to the Dec. 6, 2021 regular meeting, after holding a conference session on Nov. 30, 2021.
At the Nov. 30, 2021 discussion, a majority of councilmembers supported the idea of allowing restaurants currently with temporary permits for outdoor dining to continue operating under those permits for another six months past the emergency ordinance expiration (June 30, 2022), with two additional conditions. The conditions were to 1) include limiting the number of seats within off-street parking spaces and 2) restricting the hours that outdoor dining can be occupied if the dining is within 60 feet of residential properties. The Town Council adopted those changes on Dec. 6, 2021 and acknowledged the need to revisit outdoor dining prior to June 30, 2022.
Additional Text Amendments
The Town Council proposes amending the zoning ordinance sections related to outdoor dining prior to the June 30, 2022 sunset date. Outdoor dining is regulated in Section 18-72, Section 18-74, and Section 18-210 of Chapter 18 of the Town Code.
Staff notes that two of the biggest concerns with outdoor dining remain noise and parking. At the public hearing on Nov. 15, 2021, some residents expressed concerns about existing outdoor dining for nearby restaurants, specifically along Church Street. There were also concerns from Councilmembers about potential future conflicts between other restaurants and nearby residential neighborhoods. Concerns were also expressed about the number of parking spaces potentially being taken up by outdoor dining and the potential increase in the demand for parking due to the additional seats related to outdoor dining.
The proposed amendments to Sections 18-72, 18-74, and 18-210 include allowing two basic types of outdoor dining for restaurants: 1) permanent outdoor seating outside a restaurant and 2) outdoor seasonal seating located within off-street parking spaces.
The proposed amendments also include conditions for these outdoor uses, including requiring a conditional use permit for permanent outdoor dining when more than 12 seats are proposed. Outdoor dining will also be prohibited within 60 feet of a property zoned for residential uses and limited within 75 feet of a property zoned for residential uses. Additionally, the seasonal dining within off-street parking spaces is to be limited from April 1 to Oct. 31. For the specific requirements proposed, please refer to the attached revised code as approved by the Town Council for intent to adopt.
There are no proposed revisions to Section 18-87.1, which requires site plan approval through the Town Council for any outdoor seating proposed for a property developed under the Church Street Vision.
Strategic Plan Initiative: Vienna as a complete community
Board or Commission of Interest: Planning Commission
Departmental Recommendation: The Town Council held a public hearing and voted to approve the text amendments, with minor revisions recommended by the Planning Commission. The Town Council may adopt the text amendments, and no such ordinance shall become effective until ten days after being published in a newspaper.
Finance Recommendation:
Purchasing Recommendation:
Town Attorney Recommendation: The Town Council has conducted a public hearing to obtain public input and received the recommendations from the Planning Commission on the proposed amendments to the Town’s Zoning Code related to residential lot coverage. The Town Council may adopt the proposed amendments in its discretion.
Town Manager's Recommendation: I recommend the Town Council adopt the outdoor dining text amendments to Sections 18-72, 18-74 and 18-210 as approved at the May 11, 2022 meeting.
Cost and Financing: N/A
Account Number: N/A
Decision Needed by This date: N/A
PROPOSED/SUGGESTED MOTION
Recommended Action
"I move to adopt the outdoor dining text amendments to Sections 18-72, 18-74, and 18-210 as approved at the May 11, 2022 meeting."
And
“I further move to direct the Town Clerk to advertise the Notice of Adoption of the ordinance.”
Or
Other action deemed necessary by Council.