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Report To: Planning and Development Committee
Date of Meeting: May 15, 2017
Report Number: PSD-033-17 Resolution : PD-196-17 C-143-17 C-145-17
File Number: PLN 37.0.1 By-law Number:
Report Subject: Sidewalk Patios, Parklets and Streateries
Recommendations:
1.Report PSD-033-17 be received;
2.That should a restaurant in the downtown area of Bowmanville or Newcastle wish to
implement a parklet or streatery pilot project in 2017, the application process developed
by the Town of Newmarket and the Newcastle Village Centre Urban Design Guidelines
be used;
3.That Council approve setting aside $15,000 from the 2017 and prior year grants
allocation for both Newcastle and Bowmanville to be used as incentive to assist a
restaurant with implementing a parklet or streatery in a similar manner to the existing
grants;
4.That Planning Services develop Guidelines and Approval Procedures for the approval of
privately-initiated sidewalk patios, parklets and streateries on municipal road allowances
for the 2018 summer season;
5.That Council provide direction on the use of either the Silver Street sideyard or the King
Street bus-stop as a 2017 municipal project for a streetscape enhancement, provided
that the Bowmanville BIA agrees to maintain any vegetation;
6.That the funds for the Silver Street or King Street public domain pilot project be drawn
from the 2017 Community Improvement Grants for Bowmanville; and
7.Council authorize staff to take all necessary actions to assist with the implementation for
the summer 2017 season.
Municipality of Clarington
Report PSD-033-17 Page 2
Report Overview
Council requested a report on the feasibility of a pilot project to permit restaurants in
downtown Bowmanville and Newcastle to use on-street parking as a patio for patrons to eat
and drink outdoors. The report outlines the actions necessary to provide private and public
parklets for the 2017 summer season, and guidelines to be developed for the 2018 season.
1. Background
1.1. On April 10, 2017, Council adopted resolution #C-092-17 as follows:
• That Planning Staff report back on the feasibility of implementing a pilot project to
permit restaurants in downtown Bowmanville and in the Village of Newcastle
business areas to use on-street parking spaces as a patio for patrons to eat and
drink outdoors; and
• That staff consult with the Bowmanville BIA and Newcastle BIA and restaurant
owners in drafting the above report, as well as other interested departments such as
By-law Enforcement and Emergency and Fire Services.
1.2. At the time of the passing of the resolution, various members of Council indicated this
was a priority of Council to be implemented in the summer of 2017.
1.3. In order to accommodate Council’s timeframe, the Planning Services Department made
the following adjustments to our intended work program:
• The update of the Community Improvement Plans will be delayed and it will include
a new grant program and guidelines for parklets.
• The Canada 150 public art for painting utility boxes has been cancelled.
• The Canada 150 maple grove planting initiative will be delayed.
2. Sidewalk Patios, Parklets and Streateries
Sidewalk patios, Parklets and Streateries are various types of uses on the municipal road
allowance for pedestrian-oriented amenities that improve liveability, enhance the
pedestrian experience, activate the street and support local business.
2.1 Sidewalk Patios
A Sidewalk Patio uses the public sidewalk or areas outside of the traveled portion of the
road. (see Figure 1) This can be further subdivided to address various conditions such as
whether it is on the frontage or the flankage (in the case of a corner lot), on a larger
(busier) street or a smaller street with less pedestrian activity. The City of Toronto has
identified 6 types of patios for licencing purposes.
Municipality of Clarington
Report PSD-033-17 Page 3
Figure 1 - A typical sidewalk patio with both a frontage and flankage.
2.2 Parklet
A parklet is a small open space constructed in a parking spot, usually on a seasonal and
temporary basis. It is intended for communities with limited public space in surrounding
areas that can attract people. It is multi-functional and includes sitting and eating areas
with potential shade structures and play areas for children. (Figure 3 – 5)
In some cases, such as the Newmarket example (Figure 2), the parklet was constructed
to divert pedestrian traffic around a sidewalk patio that expanded to take over the entire
sidewalk.
2.3 Streateries
Streateries is a term some cities use to identify a combination of a sidewalk patio and a
parklet. It distinguishes a situation where a restaurant has an exclusive use of a parking
space for a patio during certain hours while it is public space at other times.
Municipality of Clarington
Report PSD-033-17 Page 4
Figure 2 - The restaurant patio has been extended and the sidewalk
routed through the parking space.
Figure 3 - A parklet that serves as a patio or rest area open to the public
Municipality of Clarington
Report PSD-033-17 Page 5
Figure 4 - A parklet built on the parking space adjacent to a sidewalk patio, sidewalk is
continuous
Figure 5 - A portable parklet in a roll-off container that includes seating and vegetation.
Municipality of Clarington
Report PSD-033-17 Page 6
2.4 The programs for parklets and streateries have common elements, outlined below:
• Pre-existing community support
• Identified community or business steward
• Unimpeded pedestrian throughway
• Not immediately adjacent to a corner (e.g. sight lines)
• Not blocking a fire hydrant or bus stop
As a community led initiative, a number of cities have produced manuals to outline
requirements for applicants. While sidewalk patios have long been part of the urban
scene, the concept of Parklets and Streateries originated on the west coast and have
gradually spread across North America. The process used in Seattle for the
development of Parklets and Streateries is shown below in Figure 6 and 7.
Figure 6 – Parklet Process, Preliminary Phase
Municipality of Clarington
Report PSD-033-17 Page 7
Figure 7 – Parklet Process – Implementation Phase
2.5 Cost of designing and constructing a Parklet
The costs involved are variable depending on the range of donated design work, donated
materials, municipal fees and site conditions such as grade.
Things for restaurant owners that wish to expand and create outdoor patio areas to
consider include:
• Design
• Fees for Municipal review, traffic control, inspection, etc.
• Liquor Licencing Control Board application
• Construction
• Seasonal Maintenance
• Off-site storage for winter
Municipality of Clarington
Report PSD-033-17 Page 8
Based on a literature review, it would appear that $15,000 would be the minimum cost.
Other municipalities control the number of parking spaces that can be converted, hours of
operation and maintenance through the business licence. As Clarington does not have
business licences these items will have to be addressed through the guidelines and
application.
3. Issues
3.1 Road Occupancy
Currently, the Traffic and Parking By-law 2014-059 regulates retail sales on the street. It
says “No person shall sell or offer for sale by retail any goods, wares, merchandise,
produce, food or other edible substance or beverage within the limits of any highway.”
Highway is defined as the road allowance, which includes both the sidewalk and parking
spaces. The Food Trucks and other vendors that attend festivals are allowed under the
special event permit. An amendment or another means of meeting the intent of the by-
law will have to be addressed in the guidelines.
3.2 Insurance
Private proponent parklets are intrusions into the public domain. As part of the guidelines
and application process proponents will have to provide general liability insurance for $2
million per occurrence with an aggregate limit of no less than $5 million. In addition, the
Municipality will be required to be added as an “Additional Insured” within the policy with
a certificate of insurance provided satisfactory to the Director of Finance/Treasurer.
3.3 Parking
The approval of parklets or rerouting of the sidewalk through parking spaces will reduce
the available parking in the downtown core. Dependant each individual restaurant needs
this could mean up to two parking spots may be required. Council may wish to specify
how many parking spaces can be removed from the downtown core to accommodate this
initiative. There is a minimal loss of revenue of $45 a week per parking spot.
3.4 Safe, Quality Design
Guidelines and standards will have to be developed for the design of safe parklets using
appropriate materials. It is recommended that until Clarington staff have time to research
and develop our own guidelines, that a process similar to our site plan review and
requirements be followed. There are already design requirements for Building Code and
façade grants that maintain the heritage theme and materials for Bowmanville and
Newcastle downtown cores. We are recommending that the Village of Newcastle Urban
Design Guidelines be used on an interim basis.
Municipality of Clarington
Report PSD-033-17 Page 9
3.5 Accessibility
The Municipality has obligations under the Accessibility for Ontarians with Disabilities Act
(AODA) to prevent new barriers from being created and to create accessible public
spaces. Any new public-use outdoor spaces will need to be designed using the principles
of universal design to ensure these spaces meet the needs of people with disabilities.
3.6 Restaurant Operating Hours
The Town of Newmarket restricts streateries to restaurants that are open from 11am –
9pm, Monday to Saturday. This would seem to be a reasonable restriction considering
that the Municipality would want to ensure the space is well-used in return for the loss of
1 or 2 parking spaces.
3.7 Noise
There is potential negative impacts to nearby residents due to noise generated on
sidewalk patios, parklets and streateries. This issue is generally handled by a
requirements for the operator to meet the Municipal Noise By-Law and closing the
sidewalk patio or streatery by 10pm.
3.8 Fees
Municipalities who have implemented sidewalk patios, parklets and streateries charge a
fee for the encroachment permit, design review, loss of parking revenue, construction
inspection and annual renewal. These fees can reach up to $1,200. A CIP grant could be
used to offset these fees.
4. Opportunities in Bowmanville and Newcastle
At the present time, there are a number of restaurants that have historically placed
informal seating and tables within the sidewalk area adjacent to their storefronts. These
include, the Birch Bistro & Lounge and Coffee and Cakes. The use of the sidewalk
should be formalized and is something that can be addressed when Clarington’s
guidelines are being drafted. In the meantime a clear pedestrian throughway must be
maintained at 1.8 metres at these sites for accessibility.
Some restaurants have private outdoor patio areas such as the Village Inn, Wild Wing
and Copperworks in Bowmanville. They are located on private property outside of the
municipal road allowance. In Newcastle the Newcastle House has a private outdoor patio
and the Snug has considered converting the alley between their building and the
convenience store to the east into an outdoor patio.
Municipality of Clarington
Report PSD-033-17 Page 10
5. Community Support
The Bowmanville and Newcastle BIA executives were notified of the Council Resolution,
the concept and the possible issues and opportunities. At the time of this report the
Bowmanville BIA is scheduled to meet on May 9th and the Newcastle BIA on May 11th.
Their response will be provided to Council as part of the update memo.
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 outdoor 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.
There are 14 restaurants in Bowmanville’s downtown core and 5 restaurants in
Newcastle’s downtown core that were approached with respect to their potential interest
in developing a parklet/streatery. At least two restaurants are interested in pursuing such
a development in Bowmanville. In Newcastle there is general support from the
restauranteurs, with one restaurant interested. Staff will meet with these potential
proponents to outline the pilot project and engage in further discussion.
6. Public Domain Project for 2017
Staff from affected departments met and reviewed the potential of the under-utilized
public spaces to determine if opportunities exist to better utilize these spaces. The
review included potential safety concerns such as sight lines, mountable curbs, catch
basin locations, fire hydrant and building connections and location of accessible parking
stalls. A public streetscape enhancement area is already covered under our insurance as
it is part of the public domain.
To be clear, this is not a parklet pilot project but this type of project could be implemented
in 2017. It would achieve many of the same objectives as a parklet without using a
parking space.
6.1 Potential public space enhancement along King Street in Bowmanville
As part of the streetscape development in Bowmanville in 2004, bump-outs or pedestrian
refuges were installed at Silver Street. In addition to these large pedestrian refuge areas
there is under-utilized public space next to 44 King Street East.
Municipality of Clarington
Report PSD-033-17 Page 11
Figure 7A - Overview of the Silver and King Streets Intersection
In Figure 7B below, the bulb-out to the west could have vegetation and seating added to
enhance the area.
Figure 7B - Detail of the East Bulb-out, where seating could be added adjacent to 44
King Street East
Municipality of Clarington
Report PSD-033-17 Page 12
The King East Parking Lot has been the topic of previous proposals from the BIA and
Municipality. The concept has been that this area could play a more vital role as an
outdoor gathering spot adjacent to the bus stop. The existing woodchip beds could be
hard surfaced to provide seating areas, with planters enclosing the space. More elaborate
concepts similarly could be considered to provide tables or shade structures. This area
would benefit a number of take-out restaurants in the area including Norm’s, Pita Pit and
Bowmanville Thai. It would also make better use of the area by providing a hard surface
area with features that screen off the parking lot.
Figure 8 - King East Bus Stop
6.2 Newcastle Streetscape Enhancement
The Newcastle streetscape project was first identified in the Community Improvement
Plan and has been a desire of the Newcastle BIA. The award of the tender for the
streetscape enhancements for Newcastle was recommended at the General Government
meeting on May 8th and will be on the same Council agenda as this report. The works to
be carried out include the additional of street furniture on the bump outs. It is to be
completed by July of 2017. This would make it unrealistic to have a parklet pilot project in
2017, given the limited season but Newcastle have an enhanced public domain.
7. 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.
Municipality of Clarington
Report PSD-033-17 Page 13
8. Strategic Plan
Not applicable
9. Conclusions
The Community Improvement Plan review and renewal has been delayed to free up time
for staff to work on the guidelines and approval process for sidewalk patios, parklets and
streateries on municipal road allowances for any potential 2017 pilot project and full
implementation for the 2018 summer season.
Staff will meet with interested restauranteurs to determine whether any are interested in
pursuing development in 2017. Applications will be reviewed in keeping with the site plan
review process, the Town of Newmarket application process, the Village of Newcastle
Urban Design Guidelines and other risk management concerns.
Should a private proponent come forward matching grants of up to $15,000 will be
allocated in a similar manner to other Community Improvement Plan grants.
It is unlikely that a parklet or streatery would be advanced for Summer 2017. Staff have
provided for an alternative public domain project in Bowmanville. Staff request that
Council provide direction on which public domain project they wish to see proceed. The
public domain project will be funded from the Bowmanville Community Improvement Plan
grants account.
Submitted by: Reviewed by:
David Crome, MCIP, RPP, Curry Clifford, MPA, CMO
Director of Planning Services Interim CAO
Staff Contact: Faye Langmaid, Manager, Special Projects, 905-623-3379 x2407 or
flangmaid@clarington.net
FL/tg/df
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