File #: 21-2756    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 11/17/2021 In control: Town Council Meeting
On agenda: 12/6/2021 Final action:
Title: Consideration of a zoning ordinance text amendment for Section 18-72 and Section 18-210, related to the allowance of outdoor dining and adoption of text amendments
Attachments: 1. 1. ARTICLE 11. C-1 LOCAL COMMERCIAL ZONE REGULATIONS - 11-3-21, 2. 2. ARTICLE 21. CONDITIONAL USE PERMITS - 10-11-21, 3. 3. Regulatory Requirements to Set Public Hearing, 4. 4. Spreadsheet - Restaurants with Temporary Permits, 5. 5. Photos - Restaurants with Temporary Permits, 6. 6. Outdoor Dining Presentation, 7. 7. Resident emails #1 - Outdoor dining 11-15-2021, 8. 8. PC-Chair Memo-OutdoorDining_11-03-21, 9. 9. Resident emails #2, 10. 10. Resident emails #3, 11. 11. Redlined Version - Revised Draft per 11-30-21 Conference Session - ARTICLE_11.___C_1_LOCAL_COMMERCIAL_ZONE_REGULATIONS, 12. 12. Clean Version - Revised Draft per 11-30-21 Conference Session - ARTICLE_11.___C_1_LOCAL_COMMERCIAL_ZONE_REGULATIONS
Subject:
Title
Consideration of a zoning ordinance text amendment for Section 18-72 and Section 18-210, related to the allowance of outdoor dining and adoption of text amendments
Body
EXPLANATION AND SUMMARY:
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. The Council voted to close the public hearing and continue the discussion to the Dec. 6, 2021 regular meeting. The Council also voted to extend the emergency ordinance to Dec. 30, 2021.

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. The emergency ordinance cannot be extended beyond six-months from the June 30, 2021 expiration of the Commonwealth of Virginia's State of Emergency.

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. T...

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