HomeMy WebLinkAboutCRPS-10-036 - Amendments to Council Policy I-1205 (Outdoor Patios Encroachment Agreement) - Request to Operate Downtown Sidewalk PatiosREPORT
Report To:
Councillor B. Vrbanovic, Chair and
Members of the Finance and Corporate Services Committee
Date of Meeting:
April 12, 2010
Submitted By:
Rod Regier, Executive Director of Economic Development and
Jennifer Sheryer, Assistant City Solicitor
Prepared By:
Jennifer Sheryer, Assistant City Solicitor
Ward(s) Involved: 1 & 6
Date of Report:
March 31, 2010
Report No.:
CRPS-10-036
Subject:
PROPOSED MODIFICATIONS TO COUNCIL POLICY I-1205
(OUTDOOR PATIOS – ENCROACHMENT AGREEMENT)
AND REQUESTS FOR PERMISSION TO OPERATE
DOWNTOWN SIDEWALK PATIOS FOR 2010 SEASON
RECO
MMENDATION:
1) “That Council Policy I-1205 (Outdoor Patios – Encroachment Agreement) be
amended by deleting sections 2 and 3 in their entirety and replacing them with the
following new sections:
2. That all applicants wishing to operate an outdoor patio on City property
must submit, for approval by the City’s Finance and Corporate Services
Committee or Council, a complete patio sketch plan and details of any
proposed alternatives to fencing and that any subsequent changes to
approved patio plans be subject to approval by the appropriate staff as
determined by the City Solicitor.
3. That conditions be included in said agreement that:
(a) the patio encroachment agreement set out that patio furniture,
signage, landscaping, including flower beds and planters within the
patio, be to the satisfaction of the City’s Manager of Downtown and
Community Development. Placement of such items may be
determined by patio operators from time to time provided any
concerns of the Manager of Downtown and Community
Development respecting placement be addressed to their
satisfaction, necessary clearance is maintained around any
siamese connections to the satisfaction of the City’s Fire
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Department, occupancy load is not exceeded and at least 10% of
seats remain accessible; and
(b) if patron behaviour is a problem, the licensee is responsible for
hiring the necessary security personnel.
2) That the Mayor and Clerk be authorized to execute Encroachment Agreements
satisfactory to the City Solicitor, with the owner(s) or operator(s) of Matter of
Taste located at 119 King Street West, Taste of Philly Cheese Steak located at 98
King Street West, The Museum Café located at 10 King Street West, Café Maestro
located at 24 King Street East, Coffee Culture located at 1 King Street West, and
New York Pita located at 82 King Street West for the operation of a sidewalk patio
for a period not to commence prior to execution of the Agreement by all parties
and such use to terminate no later than October 31, 2010 or such later date as
approved by the Director of Operations; and further
3) That subject to compliance with the provisions of Council Policy I-1205 (Outdoor
Patios – Encroachment Agreement), planters and plants be approved as
alternatives to fencing on downtown patios.”
REPORT:
The current Council Policy I-1205 requires details respecting type, style, colour and materials of
fencing and patio furniture as well as an outline of any proposed signage and landscaping,
including flower beds and planters, to be indicated on the patio sketch plan for approval by the
City’s Finance and Corporate Services Committee. Due to the King Street reconstruction and
consequent need for all patio plans to be revised, timing has been tight this year. At present,
although we have patio plans, we do not have all of the minor details required by the current
Council Policy. The City can retain control of these minor details through the encroachment
agreement and some delegation to the Manager of Downtown and Community Development.
The proposed policy changes will facilitate the earliest possible opening of the downtown patios.
The proposed changes will also allow appropriate staff to approve subsequent changes to patio
plans after Council has approved them. This will eliminate delays in implementation due to
Council’s summer meeting schedule.
Throughout the patio process this year, it has become apparent that operators need more
flexibility within their patio plans. For example, a patio operator contacted us to express
concerns that the current process requires patio furniture to remain as set out on the approved
plan. This does not allow them adequate flexibility to accommodate groups of different sizes
and use their patio in the most efficient way according to their needs. Although they are willing
to address any concerns the City may have at any time, they do not want to be required to
request Council permission every time they need to move their patio furniture. The proposed
change to the policy would address their concern while allowing the City to be responsive to any
concerns that may be raised.
The Downtown Kitchener Business Improvement Association will be providing planters to patio
owners not serving alcohol who would like an alternative to fencing. As set out in Council Policy
I-1205, the planters will be fixed or difficult to move, the material has been approved by the
City’s Manager of Downtown and Community Development, and the material will not create a
hazard, in the opinion of the Director of Operations and Director of Transportation Planning.
The Downtown and Community Development Department is currently working with KBIA to
finalize the proposed planters. It is anticipated that they will appear as set out on the attached
plans. Any plantings in the approved planters will be approved by the appropriate staff to
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ensure the correct height, safety and stability of the planters. The following patios are
requesting alternatives to fencing: Matter of Taste, Taste of Philly Cheese Steak, Café Maestro,
Coffee Culture and New York Pita.
CONCLUSION:
All appropriate staff approvals have been obtained and it would be in order to authorize the
execution of encroachment agreements with the owners or operators of above-noted
businesses.
ACKNOWLEDGED BY:
Lesley MacDonald, Director of Legal Services
and City Solicitor
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