File #: 21-2615    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 9/28/2021 In control: Town Council Meeting
On agenda: 10/11/2021 Final action:
Title: Request to set a public hearing for Nov. 15, 2021 for consideration of a zoning ordinance text amendment for Section 18-72 and Section 18-210, related to the allowance of outdoor dining, advertise for intent to adopt, and refer the matter to the Planning Commission
Attachments: 1. 1. ARTICLE 11. C-1 LOCAL COMMERCIAL ZONE REGULATIONS - STAFF DRAFT - 10-11-21, 2. 2. ARTICLE 21. CONDITIONAL USE PERMITS - STAFF DRAFT - 10-11-21, 3. 3. Regulatory Requirements to Set Public Hearing
Subject:
Title
Request to set a public hearing for Nov. 15, 2021 for consideration of a zoning ordinance text amendment for Section 18-72 and Section 18-210, related to the allowance of outdoor dining, advertise for intent to adopt, and refer the matter to the Planning Commission
Body
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.

Normally, the Town Code requires a conditional use permit for outdoor dining, per Section 18-72. 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.

In lieu of the conditional use permit process, and as a permanent replacement for a simplified and streamlined process to allow for outdoor dining, staff has proposed language modifying Section 18-72 and Section 18-210. The proposed text amendments allow for outdoor dining with administrative review and allow for dining within parking spaces, with several conditions. All permanent structures and exterior modifications would also be subject to review by the Board of Architectural Review.

Strategic Plan Initiative: Vienna as an influential and well-governed community

Board of Commission of Interest: Planning Commission

Departmental Recommendation: Staff recommends setting the public hearing for Nov. 15, 2021 and referring the matter to the Planning Commission for a public hearing at a special meeting on N...

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