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HomeMy WebLinkAboutPSD-006-18Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: January 8, 2018 Report Number: File Number: Report Subject: PSD -006-18 PLN 37.0.1 Resolution: #PD -011-18 By-law Number: 2018 Seasonal Sidewalk Patios Program; Application, Guidelines and Approval Procedures Recommendations: 1. Report PSD -006-18 be received; 2. That the 2018 Application for Seasonal Sidewalk Patios on municipal property (Attachment 1) be approved; 3. That subject to the provisions outlined in the application and Boulevard By-law 2013- 066 the Director of Engineering Services and Director of Planning Services will review, circulate for comment and approve the site plans for seasonal sidewalk patios; 4. That exceptions to the Traffic and Parking Bylaw 2014-059, Section 20(1) Retail Sales be granted for the sidewalk patio locations; 5. That Council authorize staff to take all necessary actions to assist with the implementation for the summer 2018 season; 6. That Staff report on any issues encountered with the 2018 patio season and recommend any necessary amendments for future years; and 7. That all interested parties and any delegations be advised of Council's decision. Municipality of Clarington Resort PSD -006-18 Report Overview Paae 2 Council approved a pilot project to permit restaurants in downtown Bowmanville and Newcastle to use on -street parking as the sidewalk and/or patio for patrons to eat and drink outdoors. Staff were requested to develop guidelines and approval procedures. This report sets out the application, guidelines and approval process for 2018. 1. Background 1.1. Seasonal Sidewalk patios are uses within the municipal road allowance for pedestrian - oriented amenities that improve liveability, enhance the pedestrian experience, activate the street and support local business. 1.2. In May, 2017, Council adopted Report PSD -033-17 which provided for: a) A process for a pilot project in 2017 should any restauranteurs wish to implement a sidewalk patio or streatery; b) Council set aside $15,000 from the 2017 and prior years Community Improvement Plan grants allocation for both Newcastle and Bowmanville to be used as incentive to assist a restaurant with implementation; and c) Planning Services were to develop Guidelines and Approval Procedures for privately - initiated seasonal sidewalk patios on municipal road allowances for the 2018 summer season. 1.3 When the restaurants on King Street in the Bowmanville BIA area and King Avenue in the Newcastle BIA area were contacted there was positive feedback and response. In May, Council adopted the recommendations of Report PSD -033-17, the restauranteurs where contacted again so that we could work with potential locations. 1.4 Fourteen restaurants in Bowmanville's downtown core and five restaurants in Newcastle's downtown core were approached with respect to their potential interest in developing a seasonal sidewalk patio. As reported in May 2017 as part of PSD -051-17, two restaurants in Bowmanville were interested in pursuing such a development. In Newcastle there was general support from the restauranteurs, with one restaurant being interested. Staff met with these potential proponents to outline the pilot project and engage in further discussion. 1.5 For the restauranteurs the main criteria in wishing to participate in a sidewalk patio initiative was contingent on being able to serve liquor and assurance that the investment they were making would be for more than a single season. Based on this criteria we have a single restaurant in each downtown area that are willing to invest in the additional site furniture required for a seasonal sidewalk patio. Both preferred to delay until 2018 to have a full season of operation. Municipality of Clarington Resort PSD -006-18 Paae 3 2. Guidelines and Approval Procedure 2.1 Municipal staff have now developed an Application Form for prospective seasonal sidewalk patios for 2018 which is Attachment 1. 2.2 Staff have met with the restaurant owners that are interested in pursuing a sidewalk patio, own or have a long-term lease of their location and have capacity to include the patio area in their liquor license. 2.3 At this time only one location in Bowmanville and one in Newcastle have come forward with interest in a patio on the sidewalk with the rerouting of the sidewalk via the parking spaces. The locations are 36 King Street East in Bowmanville and 28 King Avenue East in Newcastle. Implementation is contingent on the restauranteurs working with the Municipality for the implementation of their sidewalk patio on the municipal sidewalk and obtaining an amendment to their liquor licenses. 2.4 To ensure the rerouting of the sidewalk is carried out in a manner that considers and manages the risk posed to pedestrians it is recommended that the Municipality be responsible for the construction and off-season storage of the sidewalk extension. This work (see Figure 1 and 2) would be carried out by a contractor with the funding allocated by Council Resolution #C-143-17. The restaurant owners would be responsible for the sidewalk patio area on the existing sidewalk; including railing separation, planters, tables, chairs, heaters, lighting, umbrellas/awnings, etc. (Figure 3 and 4). Figure 1: Construction of Sidewalk in parking space Figure 2: Sidewalk separated from traffic with a railing Municipality of Clarington Resort PSD -006-18 Paae 4 The fee that the restauranteurs would pay a flat rate for the sidewalk area to cover the costs of the parking revenue loss and pay for the ongoing operating costs for the removal, maintenance and storage of the sidewalk. Figure 3: Unimpeded sidewalk flow Figure 4: Railings, furniture and planters by restaurant 2.5 The restaurants would be required to provide drawings and follow a review process similar to site plan. In addition, there are fees relating to inspections by Building Division and Fire Services that are applicable. 2.6 There are coffee shops and cafes that do not have liquor licences who have placed tables and chairs adjacent to their storefronts. Provided this street furniture is maintained by the cafe owner and does not narrow the sidewalk below 1.8 metres they have historically been allowed. However should the furniture impede pedestrian access, municipal law enforcement has the right to remove the impediment as outlined in the Boulevard By-law 2013-066. 3. Community Support 3.1 Council Council identified seasonal sidewalk patios as an element that would help to enliven historic downtowns. Council approved $15,000 from the CIP funds in Bowmanville and Newcastle to help incent restaurant owners to develop sidewalk patios. It is recommended this funding be used for the construction of the sidewalk extensions necessary to permit the two potential locations to proceed. The sidewalk construction would be contracted out. The construction and storage of the sidewalk extensions would be the municipal contribution to the sidewalk patios. Municipality of Clarington Resort PSD -006-18 3.2 Bowmanville BIA Paae 5 The BIA executive understand sidewalk patios can be a people generator and would enliven the street but had concerns when staff met with them in May. The concerns pertain to the width of the sidewalks not being conducive to this type of activity without the loss of parking spaces. In addition, there was concern for the safety of patrons and their comfort given the speed and frequency of traffic on King Street. The side streets (Division, Temperance and Silver) were recommended as better locations for sidewalk patios. There was also concern regarding design, they would like the heritage theme provided for by the streetscape to be continued. Staff again met with the Bowmanville BIA in November to review the proposed recommendations for the single location in downtown Bowmanville. The BIA executive agreed that a pilot location for the 2018 season would assist in addressing the concerns previously identified. 3.3 Newcastle BIA The attendees at the May meeting were supportive of enlivening the street with additional activity, they feel it would increase business within the BIA as people may be encouraged to linger. There is concern regarding the number of parking spaces that may be taken up; to address this issue additional wayfaring signage directing people to public parking areas and limiting the number of spaces removed from King Avenue was suggested. The general feeling was that implementation for a restaurant may be challenging given the cost, storage, operational issues and maintenance. It was noted, that while each restaurant will have to make their own decision, having the option is appreciated. 3.4 Office of Economic Development The Clarington Board of Trade undertook a Business Retention and Expansion study of the retail sector in 2016. The study did not have any questions specific to sidewalk patios and no comments were received. The study did include questions on parking adequacy. Expansion of parking opportunities was a recurring response in Bowmanville, less so in Newcastle where it was considered to be adequate. 3.5 Tourism Opportunities Tourism operators in other local municipalities have received feedback from visitors that sidewalk dining opportunities would be appreciated. In other municipalities where seasonal sidewalk patios have allowed an increase in visitor numbers and activity has been noted. A spin-off benefit has been visitation to other downtown businesses. The restaurants and adjoining businesses experienced increased sales. Municipality of Clarington Report PSD -006-18 Page 6 3.6 Accessibility Staff have reviewed the application form and requirements with the Accessibility Co- ordinator and met with the Accessibility Advisory Committee. All patios must maintain the requirements of the Accessibility for Ontarians with Disabilities Act. In addition, the location and dimension of the patio entrances, exits, and access to washrooms, are to be in accordance with the Integrated Accessibility Standards for the Design of Public Spaces. 4. Concurrence This report has been prepared in consultation with the Director of Engineering Services, the Director of Operations, Fire Chief, Director of Finance and the Clerk, whom all concur. 5. Strategic Plan Not applicable. 6. Conclusions Staff are recommending that we continue to work with the two restauranteurs, Kitchen 36 in Bowmanville and The Snug in Newcastle using the application from and process outlined in this report. The restaurants would be responsible for providing drawings of the patio area they intend to occupy on municipal property. The drawings will be reviewed by Municipal staff from the affected departments in a similar manner to a site plan. The restaurant would be responsible for installation of the railing, planters, site furniture as per their approved drawings. The restaurant will be responsible for obtaining the necessary insurance as outlined in the application and entering into a licence agreement for the sidewalk area to address the municipal right-of-way occupancy. In addition, the restaurant will be responsible for applying for and obtaining the liquor license amendment to cover the sidewalk patio area. A follow-up report in the fall of 2018 will be brought forward outlining any issues encountered for the 2018 seasonal sidewalk patios and making recommendations for future seasonal sidewalk patios. This will include any necessary amendments to the application form. Municipality of Clarington Resort PSD -006-18 Submitted by: David Crome, MCIP, RPP, Director of Planning Services Reviewed by: Paae 7 Andrew C. Allison, B.Comm, LL.B CAO Staff Contact: Faye Langmaid, Manager, Special Projects, 905-623-3379 x2407 or flangmaid@clarington.net DC/FL/tg/ah Attachment 1 — 2018 Application for Seasonal Sidewalk Patios on Municipal Property List of interested parties: Bowmanville BIA, c/o Edgar Lucas Brad Mcllroy, Kitchen 36 John Walsh, The Snug Newcastle BIA, c/o Valentine Lovekin Attachment 1 to Report PSD -006-18 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. 2018 Application for Seasonal Sidewalk Patios on Municipal Property Please ensure all information is included in the application. Incomplete applications will not be accepted. Please return this application by 4:00 PM on March 2nd, 2018. Business Information Owner Name: Phone Number: Registered Name of Business: Operating Name of Business: Street Address of business: Postal Code: E -Mail: After Hours Contact 1 Name: Phone number: After Hour Contact 2 Name: Phone Number: Checklist Requirement Y/N Copy of complete outdoor serving area application Copy of business name registration Site plan including temporary sidewalk and dimensions (see appendix A) Copy of current liability insurance (see appendix B) Copy of AGCO liquor license for principal establishment and patio Outdoor serving area license fee payment cheque Patio sidewalk lease payment cheque Municipal Information Form for the Alcohol and Gaming Commission of Ontario AGCO and associated fee Fees Municipal Information Form for the AGCO No charge Fire Review and Inspection Building Review and Inspection $247.59 $153.47 Patio sidewalk license A flat rate of $1500 will be charged to cover lost parking revenue and annual operation costs $1500 flat rate Attachment 1 to Report PSD -006-18 Applicants are encouraged to also review the following guidelines and requirements to ensure their application and operations are in compliance with Municipal expectations. Appendix A— Site Plan and Design Requirements Appendix B — Liability Insurance Requirements Appendix C — General Conditions Appendix D — Post -submission evaluation l=e hereby make application to the Corporation of the Municipality of Clarington ("heretofore and hereafter "Clarington") to occupy the right of way for the purpose described and agree to abide by the conditions of this permit and other applicable Municipal bylaws. I/We agree to assume all liability and/or cost as a result of road occupancy to maintain the work area and to indemnify and save harmless Clarington until final completion and approval. I understand this is a competitive process and that application for a patio does not guarantee that I will be selected. I understand that the project is not guaranteed to continue in future years. Agreement I, the undersigned have read and understood the information provided and agree to abide by all conditions and provisions listed on this permit application, and permit if issued. Authorized Representative Signature: Date: DDMMYY Attachment 1 to Report PSD -006-18 Appendix A— Site Plan and Design Requirements Your patio design must conform to the following requirements. Site Plan Requirements: a. Location and dimension of the patio entrances, exits, and access to washrooms, in accordance with the Integrated Accessibility Standards for the Design of Public Spaces. b. Location and use of the adjacent buildings and their entrances and exits. c. The location and dimensions of the patio and its entrances and exits. d. Area of the patio in square metres e. Width of sidewalk occupied in metres f. Length of sidewalk occupied in metres g. Number of parking spaces occupied h. Width of sidewalk that will remain unobstructed i. The location and dimension of any enclosures, umbrellas, tents, awnings, etc. j. The location, height, and construction material to be used for the boundary fence, gate location, and width of gate k. Location of fire extinguishers I. Location of tables, chairs, other furniture or installations, etc. and the distance between them to demonstrate how your patio will be accessible to patrons with limited mobility m. Location of all municipal services and/or assets within or adjacent to the patio (e.g. location of curbs, municipal parking spaces, sidewalks, hydrants, storm sewer grates, manholes, trees, hydro poles, streetlights, benches, garbage cans, sign poles, etc). Identify whether any of these elements would need to be removed or relocated to accommodate the design. Additional fees may apply for removal or relocation ($200 for the removal and replacement of a feature such as a bench or garbage can, if permitted) n. The access to municipal improvements such as trees o. The location of Durham Region or GO Transit stops close to the patio p. The location of curb cuts close to the patio q. The address of your business r. The width of the sidewalk at each point of your frontage where it varies s. The width of the sidewalk as it will be with your proposed patio t. The length of the sidewalk impacted by your patio u. The number of parking spaces required to be occupied v. The number of seats on your patio w. The maximum occupant load of your business and patio according to the Ontario Building Code Attachment 1 to Report PSD -006-18 Design Requirements a. All patios must maintain the requirements of the Accessibility for Ontarians with Disabilities Act. These guidelines set out basic requirements of the AODA. It is the responsibility of each business to ensure their own compliance with the Act. b. A minimum passable sidewalk width of 1.5m must be maintained at all times to ensure accessibility for pedestrians. 1.8m minimum width is preferred. c. Patios are not permitted to reduce the width of the traffic lanes of the public street. A minimum street width of 6m must be maintained at all times to ensure adequate width for emergency vehicles d. Patios are not permitted to occupy more than 2 parking spaces. e. Entrances to the patio, aisles within the patio, and all public areas must be maintained in a manner that ensures the accessibility of patrons of all levels of ability (preferably 860mm). Design materials must be in keeping with the heritage character of downtowns. Plastic and polyvinyl is not permitted. Composites are permitted provided their appearance mimics the above-described materials. For input on potential design concepts, contact the Planning Services Department. g. Awnings, umbrellas and other fixtures must be maintained. h. Barriers between the sidewalk extension and the patio should feature planting boxes and be maintained by the restaurant. i. No objects are permitted to overhang the sidewalk. j. The Applicant may only occupy and use the outdoor patio after any installed structures have been approved in writing by Clarington. Clarington responsibilities: k. Temporary sidewalk design, location and dimensions, grade, construction material, safety and load bearing will be Clarington's responsibility. Construction will be by a contractor. I. Exterior barriers onto on -street parking spaces must be affixed with high - visibility reflective markers for nighttime visibility. m. Wooden sidewalk extensions will include safety traction tape to reduce the chances of pedestrians slipping. Attachment 1 to Report PSD -006-18 Appendix B — Liability Insurance Requirements Please provide proof that you are compliant with the following liability insurance requirement You must hold and provide General Liability Insurance from an insurer licensed in the province of Ontario for $2 million per occurrence with an aggregate limit of no less than $5 million to the Corporation of the Municipality of Clarington against any liability for property damage or personal injury, negligence including death which may arise from the applicants operations under this agreement. The Corporation of the Municipality of Clarington must be included as an "Additional Named Insured". In addition the Commercial General Liability shall contain Cross Liability and Severability Clauses and Products & Completed Operations coverage including a standard contractual liability endorsement. Appendix C — General Conditions Your operation of an outdoor patio must conform to the following requirements. General conditions a. Any person or persons intending to occupy a portion of the municipal right of way for any purpose, including a portion of the sidewalk, boulevard, or on -street parking must first receive permission from Clarington. b. Patios will not be installed before April 10 and will be removed no later than October 30. c. Permission to install a patio for the 2018 season does not entitle a business to any right or expectation to be able to install a patio in subsequent seasons. d. Any required sidewalk extensions must be completed before obstruction of a sidewalk for construction or operation of a patio. e. The applicant assumes all maintenance and liability for the patio and may be required to undertake alterations or repairs as are required by Clarington to maintain safety and accessibility. f. Clarington retains the right to access the patio and/or sidewalk extension if needed for maintenance or emergency access to municipal property. g. Permission to occupy the municipal right of way becomes null and void if the applicant should fail to meet the requirements set out in this application and other applicable documents, in which case, Clarington shall be at liberty to take any action it deems necessary to repair the patio or to reinstate the site to its original condition for public protection at the expense of the applicant. In all cases the decision of Municipal staff is final. h. The applicant shall maintain access to all public and private properties for the duration of the work. Attachment 1 to Report PSD -006-18 i. All municipal property, including the sidewalk, lighting, or other features will be returned to their initial condition or repaired of any damages. Damages not repaired by the applicant will be repaired or replaced by Clarington at the applicant's cost. j. No business shall be eligible to operate an outdoor patio unless the business is in compliance with all Clarington's requirements. k. The Applicant shall be deemed to be the "constructor" and the "owner" for all purposes under the Occupation Health and Safety Act for the railings and restaurant features on the sidewalk. The Applicant shall further be deemed to be the "occupier" for all purposes under the Occupiers Liability Act. I. The Applicant agrees to indemnify and save Clarington harmless from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties, interest and/or legal fees on a substantial indemnity basis arising in connection with any matter that may arise from the issuance of a permit hereunder or the activities that occur on a patio. m. Clarington retains the right to access any planters, baskets, light posts, or other infrastructure for watering, maintenance, or other matters. Clarington may elect not to install planters at the location of the patios. n. Any costs, expenses or liabilities incurred by Clarington as set out above may be collected by Clarington by means of invoicing for the costs. o. The Applicant agrees to provide Clarington with a letter from a qualified person, after patio construction/installation and before beginning operations, confirming that construction completed is in general conformance with the approved design. Operating Requirements a. Restaurants operating an outdoor patio must be open at a minimum during the following hours: Tuesday to Saturday: 11:30 AM to 9:00 PM b. The operations of the business and patio must be in compliance with Clarington's Noise By -Law (2007-071) as amended. c. The owner shall ensure that the area around the patio is kept clear of litter, waste, cigarette butts, and refuse. d. No person shall operate an outdoor patio on any municipal property other than that for which permission has been granted. e. No person shall permit the consumption of alcoholic beverages within any outdoor patio area unless such area is licensed under the provisions of the Liquor License Act to permit the consumption of alcoholic beverages and unless such outdoor patio extension is operated in conjunction with a business holding a valid Liquor License. f. Where such premise is licensed to permit the consumption of alcoholic beverages, no person shall serve or allow the consumption of alcoholic beverages contrary to any law. g. Outdoor patio operations are only permitted during hours authorized by Clarington. At Attachment 1 to Report PSD -006-18 h. the time of application for the 2018 season, operations of the patio must cease between the hours of 10:00 PM and 7:00 AM. On Fridays and Saturdays in the months of July and August, patios are permitted to remain open until 11:00 PM. No person is permitted to be in or remain in the outdoor patio during these hours. Clarington reserves the right to change these hours. Appendix D — Post -submission evaluation Submission of a complete application is not a guarantee of permission being granted for an outdoor patio. Applications will be evaluated by staff to determine which will be selected. Applications will be circulated to appropriate departments and partner organizations for their comments. Criteria Criteria Explanation Location Sites that are located in ways that are complementary to the existing street design and require less extensive change to existing use and management patterns will be preferred. Design Material choice — Appropriate heritage materials and design. Streetscape — Attractive design elements for both patrons and pedestrians. Safety Sites that pose fewer challenges to traffic and pedestrian movement and sightlines will be preferred. Accessibility Sites that more fully ensure the accessibility of the sidewalk and patio for all patrons, in part through greater sidewalk width, will be preferred. Sites should not reduce accessibility by proposing the displacement of parking designated for persons with disabilities. Potential Preference will be given to patios that offer greater potential to demonstrate the economic benefit of the program.