Loading...
HomeMy WebLinkAboutPSD-002-19Clarftwn 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: Joint General Government and Planning and Development Committees Date of Meeting: January 7, 2019 Report Number: File Number: PSD -002-19 PLN 37.0.1 Resolution: JC -012-19 By-law Number: Report Subject: 2018 Results and Seasonal Sidewalk Patios Program Application, Guidelines and Approval Procedures Recommendations: 1. Report PSD -002-19 be received; 2. That the Application for Seasonal Sidewalk Patios on municipal property, Attachment 1 to Report PSD -002-19, 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 approve allocating $7500 from the Orono CIP 2018 grants to be used to provide an incentive should a restaurant in Orono wish to apply for an on -street outdoor patio; 6. That Council authorize staff to take all necessary actions to assist with the implementation for outdoor patios in future summer seasons; and 7. That all interested parties and any delegations be advised of Council's decision. Municipality of Clarington Resort PSD -002-19 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 developed guidelines, approval procedures, designed and had outdoor patios constructed at two locations, one in each downtown in 2018. This report provides an overview of the results of the 2018 pilot outdoor patios and sets out the application, guidelines and approval process for future years. In addition, the report provides an update on the recently completed 20 King Street bus -stop streetscape redevelopment. 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 an incentive to assist a restaurant with implementation; c) Planning Services were asked to develop Guidelines and Approval Procedures for privately -initiated seasonal sidewalk patios on municipal road allowances for the 2018 summer season; and d) The 20 King Street East GO/DRT bus -stop to be redeveloped as a streetscape enhancement project. 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. At that time, there were fourteen restaurants in Bowmanville's downtown core and five restaurants in Newcastle's downtown core. All restaurants were approached with respect to their potential interest in developing a seasonal sidewalk patio during 2017. Two restaurants, one in each downtown had the ability to amend their liquor license to accommodate the seasonal patio. Staff met with these potential proponents to outline the pilot project, engage in further discussion and assist with implementing patios at these locations for the 2018 summer season. Municipality of Clarington Report PSD -002-19 Page 3 1.4 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 (in outdoor furniture, lighting, heaters, etc.) would be for more than a single season. Staff worked with the restaurants to ensure that the platforms constructed met accessibility requirements and were of a size that fit the restaurants desire for number of seats/servers and their liquor license requirements. 2. Guidelines and Approval Procedure for Seasonal Sidewalk Patios 2.1 Municipal staff developed an Application Form for seasonal sidewalk patios for 2018. The application form has been updated and is Attachment 1 for use in future years. 2.2 The restaurant owners at 36 Kitchen and Walsh's Snug wish to operate sidewalk patios again in 2019. In both cases the restaurant owns their location and have capacity to include the patio area in their liquor license. 2.3 To ensure the rerouting of the sidewalk was carried out in a manner that considers and manages the risk posed to pedestrians the Municipality was responsible for the design and construction. The Municipality provides off site winter storage of the sidewalk extension. The work (see Figure 1 and 2) was carried out by a contractor with the funding allocated by Council Resolution #C-143-17. The restaurant owners were responsible for the patio area on the existing sidewalk including railing separation, planters, tables, chairs, heaters, lighting, umbrellas/awnings, etc. (Figure 3 through 6). Figures 1 and 2: Construction of seasonal patio in parking space, overlapping the sidewalk Municipality of Clarington Report PSD -002-19 Page 4 t Figures 3 and 4: Completed patio with landscaping in parking spaces and continuous sidewalk Municipality of Clarington Resort PSD -002-19 i Figure 5: Sidewalk flowing into and through the parking space -_- -_ - -� Ift7ir Paae 5 Figure 6: Railings, Furniture and Planters by restaurant adjacent to their front door Municipality of Clarington Resort PSD -002-19 Paae 6 2.4 The fee paid by restauranteurs is a flat rate of $1500 to cover the loss of parking revenue (in Bowmanville) and pay for the ongoing operating costs for the removal, maintenance and storage of the sidewalk or patio. It is recommended that this fee remain the same in 2019 and in future years it become subject to the same increase as other Planning applications (e.g. 3%). 2.5 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 identified seasonal sidewalk patios as an element that would help to enliven historic downtowns. Council approved $15,000 from the 2017 CIP funds in Bowmanville and Newcastle to help incent restaurant owners to develop sidewalk patios. The funding was used for the construction of the sidewalk extension or patio area at the two locations. The patio construction and removal has been contracted out. 3.2 The Bowmanville BIA and CIP liaison groups were consulted on the implementation of the sidewalk patios including discussions on the loss of the parking spaces. The BIA agreed that the pilot outdoor patio was a people generator that enlivened the street. Initial concerns regarding safety issues and loss of parking spaces were for the most part addressed by the implementation. No negative comments from members or business patrons were received. At the October 17, 2018 meeting of the Bowmanville CIP liaison group the members felt that the pilot had been very successful and supported the continuation and expansion of outdoor patios in future years. 3.3 Newcastle BIA and CIP liaison groups were supportive of enlivening the street with additional activity. They did not observe any loss of business due to the patios, rather there was additional pedestrian activity within the downtown as people lingered. At the October 18, 2018 meeting of the Newcastle CIP liaison group the following resolution was passed: That the Newcastle CIP liaison group support the continuation and expansion of outdoor patios because they have beautified the downtown, and enhanced the pedestrian experience. 3.4 Orono BIA and CIP liaison group have requested Council consider providing the same incentive should a restauranteur in Orono wish to participate in the program. At the October 10, 2018 meeting of the Orono CIP liaison group the following resolution was passed: Municipality of Clarington Resort PSD -002-19 Paae 7 The Orono CIP Liaison Group request as part of the outdoor patio pilot project report to Council, funding of up to $7,500 be allocated from the Orono CIP to assist with an outdoor patio should a restaurant come forward that meets the criteria set out in the application used for Newcastle and Bowmanville. 3.5 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 about patios. The study did include questions on parking adequacy. Expansion of parking opportunities was a recurring response in Bowmanville and Orono, less so in Newcastle where it was considered to be adequate. No specific concerns about the sidewalk patios have been brought forward to CBOT or the office of economic development. 3.6 Tourism operators have received positive feedback from visitors that sidewalk dining opportunities are appreciated. The seasonal sidewalk patios may have increased visitor numbers and activity. Clarington Tourism featured sidewalk cafes as part of their promotion. Both restaurants experienced increased sales. It is unknown if this spin-off applies to other businesses in the downtowns and also whether it can be attributed to the sidewalk patios. 3.7 Staff reviewed the application and requirements with the Accessibility Co-ordinator and met with the Accessibility Advisory Committee. The patios met the requirements of the Accessibility for Ontarians with Disabilities Act. The location and dimension of the patio entrances, exits, and access to washrooms met minimal standards. Articulated early in the process, is the issue of access to washroom facilities. Patrons in wheelchairs or walkers (or who cannot manage stairs) had easy access to the level outdoor patio areas. However, they did not necessarily have access to the restaurant washrooms. This is an ongoing issue which will, going forward, continue to be considered. 3.8 In late July through to mid-August a survey was distributed to patrons of the outdoor patios. There was no obligation to complete the survey rather it was designed to gauge the response to the outdoor patios and garner information on visitation to the restaurant and other businesses in the downtown, 160 surveys were completed. The results of the survey were: • 99% of those surveyed say the downtowns are improved by the patios and support having more patios. • 33% of the visits to the patios are by non-Clarington residents. • 75% of those visiting the downtowns do so because of the patios and 55% visit other shops in addition to the patio. • Comments: "Riding through town and this restaurant looked inviting - so we stopped for dinner. We'll be back!" Municipality of Clarington Resort PSD -002-19 Paae 8 3.9 The restaurant owners/managers have provide the following feedback: We totally loved being part of the patio pilot scheme, our customers loved it, even the earlier skeptics managed to find their way outside and found their concerns for the most part unfounded. We saw a noticeable increase in business, including many new faces and first time tourists to Newcastle, who said they just stopped because it looked so nice. We are happy to report that we hired four new staff, two in the kitchen and two servers, all locals, to ensure the standards were kept up. We would love to do it again next year. Thank you all at Clarington for all the help in the beginning, yours John Walsh, the Snug. The patio was definitely a success and we would love to participate again next year! We have a few items on our agenda for modification, but it was a great learning opportunity and we look forward to the chance to improve. Thanks to the Town for the support! Kind regards, Teresa Mofina, 36 Kitchen. 3.10 There continues to be criticism of allowing seasonal patios because of the loss of parking and how it affects the pedestrian flow along the sidewalk by some residents and business owners. 3.11 There are a number of improvements to be made for the 2019 season with regard to the installation, pedestrian flow and removal of the outdoor patios by Municipal staff. 4. Parklet Development 4.1 Council approved funding from the Community Improvement Reserve Fund for the redevelopment of the 20 King Street East, Bowmanville streetscape. The entrance to the municipal parking lot and bus stop has not functioned very well for many years. 4.2 The funding provided an opportunity to work with the requirements of GO/DRT and the BIA to achieve a better streetscape and rest stop. It also provided the opportunity for Municipal staff to test out alternative planting techniques and mulch to enhance the downtown. Municipality of Clarington Resort PSD -002-19 Figure 7: Elevation of proposed bus shelter. Figure 8: Parklet with Chess Table Paae 9 TELEPHONE Municipality of Clarington Resort PSD -002-19 5. Concurrence Paae 10 This report has been prepared in consultation with the Director of Engineering Services, the Director of Operations, and Municipal Clerk, who all concur. 6. Conclusions 6.1 Staff are recommending that we continue to work with the two restauranteurs, 36 Kitchen in Bowmanville and Walsh's Snug in Newcastle using the updated application form and process. The restaurants are responsible for providing drawings of the patio area they intend to occupy on municipal property. Each restaurant is responsible for installation of their railing (applicable to 36 Kitchen), planters, site furniture as per their approved drawings. 7.2 The restaurant is responsible for obtaining the necessary insurance as outlined in the application for the sidewalk area to address the municipal right-of-way occupancy. In addition, the restaurant is responsible for applying for and obtaining the liquor license to cover the sidewalk patio area. 7.3 Should other restaurants in Bowmanville and Newcastle wish to develop outdoor on- street/sidewalk patios their applications would be brought forward to Council for approval, as they most likely would require the removal of additional parking spaces. 7.4 It is recommended that funding from the Orono CIP of up to $7,500 for the implementation of an outdoor patio along Main Street in Orono be allocated. Staff would work with potential applicants and the Region of Durham using the application process and similar construction as employed in Bowmanville and Newcastle. Submitted by. Reviewed by: Faye Langmaid, RPP, FCSLA Acting Director of Planning Services Z� ' Andrew C. Allison, B.Comm, LL.B CAO Staff Contact: Faye Langmaid, Manager, Special Projects, 905-623-3379 x2407 or flangmaid@clarington.net Attachment 1 Application for Seasonal Sidewalk Patios on Municipal Property The following is a list of the interested parties to be notified of Council's decision: Newcastle BIA Bowmanville BIA 36 Kitchen and Lounge The Snug Newcastle, Bowmanville and Orono CIPs Newcastle, Bowmanville and Orono BIAs Attachment 1 to Report PSD -002-19 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. 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 or before March 1St 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 Patio sidewalk lease payment cheque Municipal Information Form for the Alcohol and Gaming Commission of Ontario Fees Municipal Information Form for the AGCO No charge Fire Review and Inspection $274.59 Patio sidewalk license A flat rate of $1500 will be charged to cover lost parking revenue and annual operation $1500 flat rate Attachment 1 to Report PSD -002-19 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 -002-19 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 (to be at least 1.8 metres) 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 address of your business q. The number of seats on your patio r. The maximum occupant load of your business and patio according to the Ontario Building Code Attachment 1 to Report PSD -002-19 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 1.8m must be maintained at all times to ensure accessibility for pedestrians. 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 jutting into 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 -002-19 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 prior to April 30 and will be removed no later than October 30. For Bowmanville installation will be after Maplefest and removal prior to Applefest. c. Permission to install a patio for a 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 -002-19 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. The restaurant will inspect on a daily basis. 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 -002-19 h. the time of application for the 2019 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.