Corporate Report. Further, that Legal Services be directed to prepare the necessary amendments to the City s Delegation By-law.

Transcription

1 Corporate Report Report from Planning and Building Services, Planning Services Date of Report: April 27, 2016 Date of Meeting: May 16, 2016 Report Number: PBS File: Subject: Expansion of Sidewalk Patio Program Recommendation That Council delegate authority to approve curbside patios to the Director of Transportation and Environmental Services, where such curbside patios comply with the design and operational standards for curbside patios outlined in Appendix 1 of this report; and That Council delegate authority to the Director of Transportation and Environmental Services to enter into agreements for curbside patios; and Further, that Legal Services be directed to prepare the necessary amendments to the City s Delegation By-law. FORTHWITH Summary The accommodation of sidewalk patios is consistent with the City s objectives to promote vibrant downtown streets and to support active commerce. Recent changes in Provincial liquor licensing standards provide an opportunity to expand the City s patios program to include licensed patios located adjacent to the curb across the sidewalk from the establishment. Also known as satellite patios, this curbside format provides a new option for businesses that front on narrow sidewalks or sidewalks which may be partially obstructed by trees or street lights. The proposed updated patio standards will allow more businesses to participate in the City s patio program. Background The City currently permits two types of sidewalk patios within the Downtown: conventional sidewalk patios, which are located adjacent to the storefront, and pop-up patios, which are located on raised platforms within the on-street parking lane. Conventional patios may be licensed for alcohol sales under the Alcohol and Gaming Commission of Ontario and exclusive use by the establishment. These patios pay an annual licensing fee based on their size. Pop-up patios are located atop parking stalls, across the sidewalk from the establishment and cannot be licensed or enclosed for exclusive use. Report Page 1 of 9

2 In 2014, Council delegated the authority to approve new sidewalk patio and pop-up patio locations to the Director of Transportation and Environmental Services in order to help expedite the approvals process. Report The City supports the establishment of sidewalk patios within the Downtown as a means of promoting a sense of vibrancy, improving the pedestrian experience, and supporting commerce. Most of the streets within Downtown St. Catharines have narrow rights-of-way, and experience competing priorities for the limited space, including sidewalks, vehicle lanes, parking, utilities, landscaping, street furniture and patios. The first priority for sidewalk space is the provision of a clear and accessible pedestrian travel path typically at least 2.4 metres wide (8 feet). Where space permits, the City encourages the installation of conventional sidewalk patios (see Figure 1). Unfortunately, with the exception of parts of St Paul Street, most of the sidewalks within the Downtown are too narrow to accommodate a conventional patio while maintaining a sufficient clear pedestrian path. Figure 1: Conventional Sidewalk Patio Credit: City of Toronto Figure 2: Pop-Up Patio Credit: City of Toronto Therefore, in an effort to facilitate the installation of patios on street sections with undersized sidewalks, in 2012 Council approved the creation of the pop-up patio program which allows establishments to construct seasonal curb-side patio decks atop on-street parking lanes to aid in maintaining a clear sidewalk (see Figure 2). Uptake on this program has been low in part because of limitations on licensing for alcohol sales and table service across the public sidewalk, which limits their appeal to bars and restaurants. However, recent changes to Ontario s liquor licensing standards now provide a means to expand the City s sidewalk patio program to include more businesses. The Alcohol and Gaming Commission of Ontario (AGCO) has advised that they now permit the licensing of satellite patios patios that are located across the public sidewalk from Report Page 2 of 9

3 the licensed establishment, adjacent to the curb. These satellite or curbside patios may be installed on the sidewalk (Figure 3) and atop the parking lane (Figure 4). Where previously alcohol could not be served across the sidewalk, this practice is now permitted, with restrictions. The primary restriction being that only servers may transport alcohol across the sidewalk, not patrons. Bars and restaurants that provide full table service can now obtain licenses to operate curbside patios with the City s approval. Figure 3: Curbside Patio Credit: City of Toronto Figure 4: Curbside Patio with Parking Lane Credit: City of Toronto The inclusion of curbside patios as an additional patio option on Downtown streets is supported by staff. The curbside patio approach allows for a more efficient use of available sidewalk space by placing the clear pedestrian path adjacent to the storefronts and allowing the patio to occupy the same curb-side zone as trees, bike racks and street lights. This allows for a layering of desirable streetscape elements within the same furnishing zone. This patio arrangement is already popular in cities such as Montreal, and following introduction of the new Ontario regulations, has been implemented in both Burlington and Oakville. Staff have presented this information to the Downtown Development and Revitalization Advisory Committee (DDRAC). The Committee concurs with the staff recommendation and endorse expanding the City s patio program to include curbside patios. As a result of these changes, staff have prepared new design standards for curbside patios. These new standards build upon the City s existing design standards for sidewalk patios and pop-up café spaces, while introducing the AGCO s relevant licensing standards. Patio operators that want to license the space for alcohol sales or to otherwise secure the area for the use of their customers will be required to pay for this exclusive use in accordance with the City Schedule of Rates and Fees for sidewalk patios. Staff, however, recommend allowing businesses to install and maintain public seating areas in front of their establishment which are not fenced or used exclusively by their customers without an annual fee, in the same way that pop-up café spaces are already exempted. Report Page 3 of 9

4 Provided that the business owner agrees to maintain the patio as a public seating area in accordance with the operational restrictions for public use amenity spaces described in Appendix 1, they too would not be required to pay a fee for providing this community amenity. Financial Implications The City has an existing fee structure for sidewalk patios, including an application fee of $ and an annual space rental fee of $38.75 per square metre. This rate will also apply to new curbside patios. Additional patios will result in additional fees collected. Where patios occupy on-street parking stalls, some loss of parking revenue may occur, however, most parking users can be expected to simply park at another meter or at an alternative City parking facility, thereby still retaining those funds within the parking system. Relationship to Strategic Plan Economic sustainability objectives will be enhanced/achieved through: Supporting local business by providing new opportunities for Downtown restaurateurs and more efficiently utilizing our street assets. Social sustainability objectives will be enhanced/achieved through: Improving quality of life through the delivery of desirable amenities. Supporting a strong sense of community pride through the creation of active and vibrant Downtown streets. Conclusion Sidewalk patios support the creation of vibrant, pedestrian-oriented streets, while providing expanded opportunities for Downtown restaurateurs to serve their customers. By expanding the City s patio program to include curbside patios, the City can create patio opportunities for additional establishments. The expansion of the sidewalk patio program is consistent with the City s objective to support continued Downtown revitalization. Prepared by: Scott Ritchie Urban Design Planner Submitted by: Judy Pihach, MCIP, RPP Manager, Planning Services Approved by: James N. Riddell, M.PL., MCIP, RPP Director, Planning and Building Services Report Page 4 of 9

5 DESIGN AND OPERATIONAL STANDARDS FOR CURBSIDE PATIOS 1 The Applicant or Owner is required to submit detailed plans of the proposed Patio to the City s Transportation and Environmental Services Department, which demonstrate compliance with these Design Standards. The applicant will be required to enter into a licensing agreement with the City of St. Catharines, which will set out his/her obligations and conditions of operation. 1.0 DESIGN STANDARDS 1. Sidewalk Clearance: a. The sidewalk patio operation will generally be confined to an area immediately adjacent to the street curb. b. An unobstructed right-of-way of 2.4 m (8 ft) should be maintained between the outdoor patio and the building or any physical obstructions. Applications proposing less than the above standard will be considered on their own merit by the Director of Transportation and Environmental Services. 2. Perimeter Fencing: a. To be a minimum 1.06 m (3.5 ft) to a maximum 1.2 m (4 ft) in height, if proposed. b. To be portable, to insure for easy removal for the off season. To be stored off-site when not in use. c. To be constructed with more than a single rail, preferably being open in nature (fabric or glass insert panels are acceptable). The use of chain link fencing is not permitted. d. Fencing shall not obstruct vehicular or pedestrian sightlines and access. e. Perimeter fence posts shall be free-standing. Fence posts may be supported on removable plates, which shall not extend beyond the perimeter of the fence and pose no hazard to pedestrians. 3. Entrance Points: a. Must have at least one opening at a minimum of 1.1 m (3.5 ft) to a maximum of 2 m (6 ft) wide. b. The patio area shall be wheelchair accessible. c. Entrances must be located so as not to interfere with access to adjoining properties. 4. Patio Surface: a. To be a similar elevation as the adjacent sidewalk. Report Page 5 of 9

6 b. To be constructed of durable, easily maintained material such as wood or composite decking, concrete or interlocking pavers. c. Outdoor carpeting is permitted. 5. Landscaping: a. Perimeter landscaping is required, but should be of a temporary, removable nature unless approved by the Director of Transportation and Environmental Services. b. To be contained within the approved outdoor patio area. 6. Lighting: a. Lighting must be removable, and directed toward the patio, so as not to cause any undue glare or interference with use of the abutting properties or the public thoroughfare. b. Lighting shall conform to applicable Ontario Building Code Standards. c. Lighting shall not be connected to City outlets or power sources unless approved by the Director of Transportation and Environmental Services. 7. Signage and Advertising: a. All signage must be contained within the area of the patio. b. To be limited to temporary menu displays at the entrance of the patio and on awnings or umbrellas. c. Signage shall not be affixed to the patio perimeter fencing. 8. Patio Furniture: a. To be contained within patio area, and be easily movable. Benches and bike racks may, however, be permanently built into the platform. a. To be constructed of weather resistant materials. Aerial awnings and umbrellas to be constructed of a flame retardant material b. Aerial awnings and umbrellas shall not project beyond the perimeter fence and shall maintain a vertical clearance of at least 2.1 m (7 ft) above patio floor in pedestrian aisles. 2.0 OPERATIONAL STANDARDS 1. Usage: a. The curbside patio may be installed and operated between April 1st and October 31st each calendar year during the term of the agreement. b. The space may not be operated later than the hours of operation of the associated business. c. Patios on Regional Roads (includes Ontario Street, Geneva Street and Welland Avenue) will require additional approvals from the Regional Municipality of Niagara. Report Page 6 of 9

7 2. Storage: a. The patio shall be removed and stored by the patio operator when not in use over the winter or during road works. 3. Maintenance: a. The patio operator will be responsible for the installation and ongoing maintenance of the patio. b. The patio operator will remove or secure all furnishings after business hours and place them out again each morning. c. The patio operator will be responsible for washing/sweeping the patio daily, watering all plants, and promptly removing any garbage or graffiti. d. The patio operator will provide and maintain evidence of at least $5M in comprehensive liability insurance for property damage, personal injury and public liability on the lands, naming the Corporation of the City of St. Catharines as an additional insured. 4. Sidewalk Patio Agreement: a. The patio operator is required to enter into a license agreement for a term not to exceed five (5) years, and may be terminated by the City upon 30 days written notice. b. The license agreement with the City will reflect the Design and Operational Standards, and requires payment of applicable fees (agreement and lease costs) as per the City s Schedule of Rates and Fees, provision of necessary liability insurance, maintenance of the premises, and any other matters which the Corporation deems necessary. Failure to comply with these conditions will result in termination of the agreement. 3.0 ADDITIONAL DESIGN STANDARDS FOR CURBSIDE PATIO PLATFORMS WITHIN THE PARKING LANE 1. Location: a. To be located on streets in locations where there is existing on-street parking or surplus pavement width as determined by the Director of Transportation and Environmental Services. b. Sites should be located at least one parking space away from an intersection or driveway, except where bump-outs are found. c. Patios are not permitted in front of a fire hydrant, in designated loading zones, or in designated accessible parking spaces, and should not obstruct access to public utilities. d. Streets with higher pedestrian volumes and lower average vehicle speeds are preferred. The City will evaluate any candidate site for potential traffic and safety impacts and required site improvements. Report Page 7 of 9

8 2. Dimensions: a. To have a maximum width of 1.83 metres (6 ft) - which is narrower than a typical on-street parking stall. b. Shall not extend beyond the frontage of the patio operator s business, 3. Perimeter Barriers: a. Platform to be enclosed on all sides facing the street or adjacent parking stalls. b. Shall generally be open-type construction and maintain clear visual sight lines to the street. Acceptable barriers include planters, railings and cabling which are sturdy and securely anchored to the platform. 4. Construction: a. To be modular construction, to allow for easy installation and removal. To be stored off-site when not in use. b. Platforms shall be designed by a licensed architect or engineer, who will confirm that the platform will be sturdy and able to bear a load of at least 100 pounds per square foot. c. The designer shall utilize only high quality, durable and attractive materials, which will substantially enhance the quality and attractiveness of the street. d. The platform shall be designed so as not to obstruct surface drainage and will include maintenance hatches to any catch basins or other services underneath the platform. e. The platform should be as flush with the sidewalk or curbside sidewalk patio as possible, while maintaining wheelchair access. f. Additional road safety measures may be required at the discretion of the Director of Transportation and Environmental Services. 5. Landscaping: a. Each platform shall include substantial landscaping. This landscaping will most commonly be provided through wood or metal perimeter planter boxes, but alternative approaches may be considered. b. Each platform will also include vertical elements (e.g. planters, umbrellas) to improve visibility for vehicles. 4.0 ADDITIONAL STANDARDS FOR PATIOS OPERATED AS PUBLIC USE AMENITY SPACES 1. Design and Usage: a. The public use amenity space shall appear and be maintained as an open and welcoming public amenity space. b. Patrons of the sponsor business may use the seating area, but tableside service is not permitted. Seat reservations and table linens/place settings are also not permitted. Report Page 8 of 9

9 c. Alcohol service and consumption is not permitted. d. Fencing of any kind will not be permitted, except adjacent to vehicle lanes. e. Signage will be limited to a temporary menu displays and on awnings or umbrellas. f. One small sign (to be provided by the City) will be installed at each end of the platform which identifies the patios as being a public space 2. Fees: a. Notwithstanding the fee requirements described in Section 2.4, patio operators that agree to the additional standards for patios operated as public use amenity spaces will not be required to pay annual license fees. Report Page 9 of 9