HomeMy WebLinkAboutCAO-13-006 - Downtown Patio Encroachments Policy
REPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:
February 25, 2013
SUBMITTED BY: Cory Bluhm, Manager of Downtown Development
(519)741-2200 ext 7065
PREPARED BY:
Monika Grau, Downtown Business Development Officer
(519)741-2200 ext 7066
WARD(S) INVOLVED: 9 & 10
DATE OF REPORT: February 15, 2013
REPORT NO.: CAO-13-006
SUBJECT:
Downtown Patio Encroachment Policy
RECOMMENDATION:
That subsection (b) of the Agreement Conditions and Execution section of Council Policy
Number I-1205 (Outdoor Patio Encroachments) be amended to change the commencement of
the regular patio season from “the date of the agreement” to “the date set by the Manager of
Maintenance and Operations on an annual basis”; and
That the remainder of the report be received for information.
BACKGROUND:
Through Council Policy I-1205, the City permits the use of City owned sidewalks in Downtown
Kitchener for outdoor patios, provided the patio operators enter into an encroachment
agreement with the City. This includes the approval of a patio plan/layout that meets various
design requirements as specified in the policy.
As part of the Downtown Kitchener Action Plan 2012-2016, the City is committed to growing the
café/patio culture in the core through business friendly policies [action 1(a)(iv)].
REPORT:
Perpetual Agreements
It is current City practice to issue patio encroachment agreements annually. For example, all
2012 patio operators are required to enter into a new agreement prior to operating a patio in
2013. The purpose of this was to ensure that the City would have the option to not renew an
agreement if the operator’s patio was subject to significant complaints during the previous year.
While historically a few select patios have been subject to complaints, the majority of today’s
patio operators operate without any complaints. There were no patio operators in 2012 that
received significant complaints. Thus, the process of annual renewals results in significant staff
resources for limited benefit. As a result, staff recommend that patio encroachment agreements
be issued on a perpetual basis.
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The Mayor and Clerk are already authorized to execute patio encroachment agreements
provided they are in accordance with the Outdoor Patio Encroachments Policy and are
satisfactory to the City Solicitor. Only a minor policy wording change is necessary to implement
perpetual agreements.
The patio encroachment agreements will continue to contain provisions that allow the City to
require removal of the patio encroachment upon 24 hours notice, or upon failure to comply with
a direction of the Manager of Licensing, within 48 hours. The agreements will continue to allow
the City flexibility to impose operating restrictions upon written notice to the patio operator.
Enhanced Service for Patio Operators
In order for a new restaurant operator to secure a patio encroachment agreement, they have to
deal with, and coordinate the approvals within four different work areas – Licensing, Legal,
Building and Economic Development. This has resulted in some frustrations and confusion
from patio operators. To stream line this service, the City’s Downtown Business Development
Officer will act as the primary point of contact and will facilitate all approvals and the collection of
fees on behalf of the applicant. The intended end result should be a greater willingness among
downtown restaurants to provide outdoor patios.
Comprehensive Review of Outdoor Patio Encroachment Policy I-1205
As per the Downtown Kitchener Action Plan, in 2013, staff will undertake a more comprehensive
review of the entire patio policy and standard agreement, as a means of continually enhancing
the patio program.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Dynamic Downtown – outdoor patios are a key ingredient to a lively and dynamic downtown.
FINANCIAL IMPLICATIONS:
None.
COMMUNITY ENGAGEMENT:
The need for more outdoor patios was identified during the public consultation leading up to the
development of the Downtown Kitchener Action Plan (Fall of 2011).
ACKNOWLEDGED BY:
Rod Regier, Executive Director of Economic Development
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