Subject:
Title
Public hearing on recommendation to Town Council for request for a zoning ordinance text amendment for Section 18-72 and Section 18-210, related to the allowance of outdoor dining
Body
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 also 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 October 13, 2021 to discuss the proposed text amendments.
The proposed text amendments, which have been revised since the work session, 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 proposed text amendments are consistent with the Town’s Comprehensive Plan, specifically the Land Use goal of encouraging a vibrant Central Business District (page 19) and the Economic Development goals of creating an attractive, walkable community and improving government regulations and processes (page 49).
Town Council will hold their public hearing on November 15, 2021. Town Council will also consider amending Section 1-12 of the Town Code to amend the Planning and Zoning Schedule of Fees and add $100.00 fees for both types of outdoor dining permits.
Recommended Motion:
“I move to close the public hearing”
And
“I move to recommend to Town Council the adoption of the proposed text amendments to Sections 18-72 and 18-210 as related to outdoor dining, as presented.”
Or
Other action deemed necessary by the Planning Commission.