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HomeMy WebLinkAboutPSD-053-19 Staff 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: December 2, 2019 Report Number: PSD-053-19 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: PLN 37.0.1 Resolution#: Report Subject: Seasonal Sidewalk Patio Program Results, Guidelines, and Procedures Recommendations: 1. That Report PSD-053-19 be received; 2. That the updated Application Form for Seasonal Sidewalk Patios on municipal property (Attachment 1) be approved; 3. That the Director of Engineering Services and the Director of Planning Services review and approve site plans for seasonal sidewalk patios, subject to the provisions outlined in the Application for Seasonal Sidewalk Patios and Boulevard By-law 2013-066; 4. That exceptions to the Traffic and Parking By-law 2014-059, Section 20(1) Retail Services be granted for sidewalk patio locations; 5. That Council approve the allocation of $7,500.00 from each of the Bowmanville and Newcastle Community Improvement Programs ($15,000 total) to be used to support any additional restaurants that may apply to participate in the seasonal Sidewalk Patio Program; and 6. That all interested parties and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PSD-053-19 1. Background Seasonal sidewalk patios were identified by Council as an element that would help to enliven Clarington’s historic downtowns. Sidewalk patios are located within the municipal right-of-way for pedestrian-oriented amenities that improve liveability, enhance pedestrian experience, and support local businesses. In May 2017 Council adopted the recommendations of Planning Services Department Report PSD-033-2017 to: i. Approve a pilot project to permit restaurants in downtown Bowmanville and Newcastle to use on-street parking to establish seasonal sidewalk patios; ii. Direct staff to develop guidelines and approval procedures for privately initiated seasonal sidewalk patios on municipal rights-of-way for the 2018 summer season; and iii. Allocate $15,000 from the 2017 and prior years’ Community Improvement Plan (CIP) grant funds for Bowmanville and Newcastle to provide an incentive to assist an eligible restaurant with the implementation of a patio. In January 2018, Planning Services Department Report PSD-006-18 presented guidelines and approval procedures for sidewalk patios, and Council approved the Application for Seasonal Sidewalk Patios on Municipal Property. In developing the Sidewalk Patio Program, staff consulted with restaurant owners in the Bowmanville and Newcastle downtowns and the applicable Business Improvement Associations (BIA). The recommended program was based upon (i) assurance that the patio locations would be available for more than a single season to the restauranteurs in order to justify their investment in the patio infrastructure (outdoor furniture, lighting, heaters etc.), and (ii) the ability to serve alcohol within the patio areas. Report Overview In 2017, Council approved a pilot project to permit restaurants in downtown Bowmanville and Newcastle to establish sidewalk patios within Municipal rights-of-way. Staff developed guidelines and approval procedures in support of the program, and coordinated the design and construction of patio and sidewalk extension infrastructure at one restaurant location in each of the two downtowns. This report provides an overview of the 2019 Sidewalk Patio Program and proposed updates to the program guidelines and application form in light of the experience implementing the program to date. Municipality of Clarington Page 3 Report PSD-053-19 Three-Six Kitchen in Bowmanville and The Snug in Newcastle participated in the pilot Program and operated patios during the inaugural 2018 season. Staff worked with the restaurants to ensure the patio platforms met accessibility requirements and were sized to accommodate the desired number of seats/servers and liquor license requirements. Feedback collected during and after the 2018 sidewalk patio season from participating restaurants and patrons were generally positive. Restaurant owners advised the patios were a success that translated into new customers, and in the case of The Snug, new staff. Planning Services staff conducted a survey of patio patrons that indicated the sidewalk patios were a welcome addition, and a number of visitors that had stopped in the downtown area(s) because of the patios. Often these patrons went on to visit other local shops. Both Three-Six Kitchen and The Snug operated their patios for the 2019 season. In 2019, Council adopted the recommendation in Report PSD-002-19, which expanded the seasonal sidewalk patio program to Orono, and included the allocation of funds from Orono’s CIP to provide a similar incentive for the platform construction. These funds remain earmarked should a restaurant in Orono wish to apply. 2. The 2019 Sidewalk Patio Season Three-Six Kitchen and The Snug operated their sidewalk patios in 2019. In both of these cases, the restaurant owns their location and has the capacity to include the patio area in their liquor license. The Snug patio deck required repairs to the railing because of motor vehicle damage; and modification to the accessible ramp to better address accessibility. Three-Six Kitchen and The Snug provided the following feedback towards the end of the 2019 patio season: Three-Six Kitchen advised the patio has been positive for business, and indicated that while the patio may not be where patrons ultimately choose to dine, its presence draws in more business. The patio has proven to be a popular dining location on summer evenings. The owner intends to apply to participate in the program again next year; and The Snug has advised staff they were pleased with the success of the patio again this season. They note the success is due to the hard work of restaurant staff and their commitment to the sidewalk patio initiative, particularly as it relates to the investment in furniture, décor, vegetation and lighting that make the patio a desirable place to dine. They believe the patio adds to the tourism draw of Newcastle. As in 2018, the restaurant was able to employ two additional staff this season. They have expressed concerns regarding the installation/removal. This matter is in Section 3. Municipality of Clarington Page 4 Report PSD-053-19 Star Apple restaurant in Bowmanville established a patio later in the 2019 season. The patio is wholly contained on private property and therefore no application was required. Staff did meet with, advise and assist Star Apple on patio installation. An additional restaurant in Newcastle has inquired about establishing a sidewalk patio in 2020 along with potential for funding to support the initial construction and set-up. Planning Services staff has provided the owner with an overview of the process and has consulted with Engineering Services staff who has advised a patio would be possible at their location, should they wish to proceed. Staff will continue to correspond with the owner in advance of the 2020 patio season. This report recommends allocation of funds from the Newcastle CIP program to provide incentive funding for additional restaurants applying to participate in the Sidewalk Patio Program in 2020. 3. Guidelines and Approval Procedure for Seasonal Sidewalk Patios In 2018 Municipal staff developed a Seasonal Sidewalk Patio Application Form. The Form has since been updated to reflect feedback received on the process, experience gained through the implementation of the program and the actual operating costs (Attachment 1). The Municipality is responsible for design and construction of the patio infrastructure in order to ensure any rerouting of the sidewalk is carried out in a safe and appropriate manner. The Municipality also provides off-site winter storage of the patios. In the past the set-up/take-down of the patio has been carried out by a contractor arranged by the Municipality, the cost of which is intended to be covered by the Sidewalk Patio License Fee. This fall and moving forward Operations staff will install/remove existing patios. Restaurant owners are responsible for the patio area on the existing sidewalk, including planters, furniture, heaters, lighting etc., and are required to provide site plan drawings of the patio area proposed to occupy municipal property. In 2019, costs of installation and removal of Three-Six Kitchen’s 25m2 patio and The Snug’s 45m2 patio were approximately $2,000 and $4000, respectively when using a contractor. After two sidewalk patio seasons, it is evident the current annual Sidewalk Patio License Fee of $1,500.00 paid by applicants would not be sufficient to cover the Municipality’s costs associated with the installation and removal of the patio infrastructure if this work continued to be done by a outside contractor and in no way does it address loss in parking revenue. This fall Operations staff, working with some specialized rental equipment, were able to remove both patios at a reduced cost. Considering both the rental of specialized equipment and staff time staff recommends an increase of 15% for the Sidewalk Patio License Fee to a total of $1,725 per location, commencing with the 2020 sidewalk patio season. In future years, the fee would become subject to the annual increase applicable to other Planning Municipality of Clarington Page 5 Report PSD-053-19 applications (e.g. 3%). The Application Form appended as Attachment 1 reflects this updated fee. Staff have consulted with the owners of Three-Six Kitchen and The Snug regarding the change in operating costs, and the proposed change in the Sidewalk Patio License Fee. Three-Six Kitchen and The Snug have indicated no objection to the change in fee to $1,725. They have both indicated their intent to participate in the Program in 2020. Restaurants applying for sidewalk patios are responsible for obtaining (i) the necessary insurance to address municipal right-of-way occupancy, and (ii) a liquor licence to cover the sidewalk patio area. Council direction was to restrict applications to restaurants that have liquor licences and are open in the evening and on weekends. This requirement was meant to address the goal of “enlivening the downtowns”. Council may wish to reconsider whether a restaurant must have a liquor license and be open in the evening and on weekends. Coffee shops and cafes that do not have liquor licences have historically placed tables and chairs adjacent to their storefronts. Provided this street furniture is maintained by the café owner and does not narrow the sidewalk beyond 1.8 metres, they have been allowed. However, should the furniture impede pedestrian access, Municipal By-law Enforcement has the right to remove the impediment as outlined in the Boulevard By-law 2013-066. The Application Form and patio design requirements have been reviewed with the Accessibility Coordinator and the Accessibility Advisory Committee. All patios must maintain the requirements of the Accessibility for Ontarians with Disabilities Act. Seasonal Sidewalk Patio Applications are reviewed to ensure the location, design and layout and ingress/egress meet the applicable requirements under the Act. 4. Community Support Staff is not aware of any adverse feedback from the community relating to the program in 2019. Feedback during 2019 has been relatively minimal, the community appears to have embraced the presence of sidewalk patios during the summer months. The restauranteurs have indicated that most patrons enjoy the opportunity to select whether they sit inside or outside. The BIAs and CIP Liaison Groups were consulted on the implementation of the Sidewalk Patio Program. Subsequent to the first season in 2018, the BIAs agreed the outdoor patio served as a people generator, and enlivened the street. Initial concerns relating to safety and loss of parking appear to have been addressed by having the pilot program. CIP Municipality of Clarington Page 6 Report PSD-053-19 Liaison Group members feel the program has been successful and support continuation and expansion of sidewalk patios. At the October 2019 meetings, Planning Services staff advised CIP Liaison Group members of the proposed Sidewalk Patio License Fee increase to cover the actual installation/removal costs. Bowmanville members inquired as to potential of a grant to cover the fee in light of the positive contribution of sidewalk patios to the downtown. Newcastle CIP Liaison Group members supported staff’s efforts to establish an alternative installation/removal arrangement with The Snug to enable the restaurant’s continued participation in the Program. Interest in the Sidewalk Patio Program has been expressed by an additional restaurant in Newcastle, and new restaurants will soon be opening in Bowmanville. In support of the expansion and continued success of the Sidewalk Patio Program, staff recommends the allocation of funding from the Bowmanville and Newcastle CIP funds to support new participants in the Sidewalk Patio Program. The previously allocated Orono funding remains available. Clarington Tourism has featured outdoor patios as part of its promotions in recent years. Tourism operators have received positive feedback from visitors that sidewalk dining opportunities are appreciated. At this time there does not appear to have been a negative effect on the parking supply in the downtown areas. Each application will be considered by Engineering Services. 5. Concurrence This report has been reviewed by the Director of Engineering Services and the Director of Operations who concur with the recommendations. 6. Conclusion The purpose of this report is to provide an overview of the 2019 sidewalk patio season, and the proposed updates to the Program guidelines and application form. Staff has received positive feedback from the community regarding the sidewalk patios. Municipality of Clarington Page 7 Report PSD-053-19 Existing sidewalk patios have been successful in animating the street and drawing visitors to the downtown areas. Interest in the Program has been expressed by additional restaurants. Increased funding support has been requested by CIP Liaison Groups and businesses to allow for additional participation in the Program. Revisions have been made to the Application Form and Sidewalk Patio License Fee that clarify requirements and address cost recovery. Staff will continue to work with participating restaurants to ensure the continued success of the outdoor patios. Staff Contact: Sarah Allin, Planner II, 905-623-3379 extension 2419 or sallin@clarington.net. Attachments: Attachment 1 – Seasonal Sidewalk Patio Application Form; 2020 The following interested parties will be notified of Council's decision: Three-Six Kitchen The Snug The New Massey House Restaurant Bowmanville, Newcastle, Orono CIP Liaison Groups Bowmanville, Newcastle, Orono BIAs