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Conference session for proposed zoning ordinance text amendment for Section 18-72 and Section 18-210, related to the allowance of outdoor dining and adoption of text amendments
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EXPLANATION AND SUMMARY:
On June 1, 2020, the Vienna Town Council approved an emergency ordinance to permit temporary waivers for outdoor commercial activity, specifically to assist businesses that were adversely affected by the ongoing pandemic.
Since then, the Town Council has approved several extensions, including the most recent extension on June 7, 2021, which is set to expire on Dec. 7, 2021. The emergency ordinance cannot be extended past Dec. 30, 2021, six-months past when the Commonwealth of Virginia’s State of Emergency expired.
Twenty-two restaurants have received approval for temporary outdoor dining. Of those 22 restaurants, 13 are currently utilizing off-street parking spaces for outdoor dining space. Staff recently observed a total of 58 off-street parking spaces being utilized.
Normally, the Town Code requires a conditional use permit for outdoor dining, per Section 18-72 and Section 18-210. This requires a review by the Planning Commission and a decision by the Board of Zoning Appeals. A $1,500 fee is also associated with a conditional use permit. Per the current zoning ordinance, off-street parking spaces cannot be utilized for outdoor dining.
In lieu of the conditional use permit process, and as a permanent replacement for a simplified and more streamlined process to allow for outdoor dining, staff has proposed language modifying Section 18-72 and Section 18-210. The Planning Commission held a work session on Oct. 13, 2021 to discuss the proposed text amendments.
The proposed text amendments allow for outdoor dining with administrative review and allow for dining within parking spaces, with conditions. All structures, features, and furnishings for both permanent outdoor dining and off-street parking dining would also be subject to review by the Board of Architectural Review. Both the permanent outdoor dining and annual off-street parking dining also would require permits with the submission of a to-scale drawing showing any proposed seating and improvements.
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.
The Town Council held and closed a public hearing on November 15, 2021. During the meeting, Town Council members conveyed multiple concerns about the proposed text amendments, a majority of which were related to the proposed off-street parking provisions. The Town Council voted to extend the emergency ordinance allowing outdoor dining to December 31, 2021 and to hold a conference session to further discuss the proposed ordinance language. The Town Council will consider adoption of the text amendments at the December 6, 2021 regular meeting.
Staff has provided a memo addressing comments and concerns and revisions to the proposed ordinance. Staff has additionally prepared an online map showing a buffer of 50 feet and a buffer of 100 feet from residential properties within Town. The revised ordinance includes a provision limiting the hours of outdoor dining if the outdoor dining is located within 50 feet of a residentially zoned property utilized for residential uses. It can be accessed here or attachments 8 or 9 that are included with the agenda: <https://vienna-va.maps.arcgis.com/apps/instant/sidebar/index.html?appid=bc719494e7ac4ff497630dc2c584bd9a>.