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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/24/2022 - EXTENDED OUTDOOR PATIOSDATE: STAFF: May 24, 2022 Ginny Sawyer, Policy and Project Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Extended Outdoor Patios. EXECUTIVE SUMMARY During the pandemic, emergency orders were put in place to support hospitality businesses by allowing extended outdoor patios on public property. The extended patios have become very successful both economically and as a vibrant way to activate streets and sidewalks. Staff is proposing a framework to make these spaces permit -able outside of the Emergency Order. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What questions does Council have regarding the proposed intent and considerations presented? BACKGROUND / DISCUSSION As occupancy restrictions were put into place in 2020, the City enacted numerous Emergency Orders to support local businesses. Temporary outdoor dining and temporary outdoor expansion permits, allowed for patios on sidewalks not connected to a building, patios in on -street parking spaces, patios in right-of-way space, and patios in private parking lots. For the most part, these spaces have been well received and are an amenity that many would like to see continue going forward. As the pandemic appears to be less and less of a threat to economic shutdown, staff has been working towards options to establish on-going permits and the needed code amendments for Council consideration. Much of staff conversation has focused on feedback from questionnaires and conversations and site visits with current patio operators. The proposed ongoing extended patio program strives to preserve the intent of street activation and vitalization while considering safety and potent ial impacts to parking availability, non-hospitality businesses, neighboring businesses, and aesthetics. The intentions of any program/permit would be to: • Allow extended patios where appropriate: o Maintain a clear 7-foot pedestrian walkway on sidewalks. o Keep pedestrian traffic within 10-feet of all storefronts. o Keep patios within the width of business building (both on sidewalk and in street parking.) o Maintain access to public amenities such as accessible ramps and parking, benches, and bike rac ks. o Maintain required emergency access. • Allow flexibility for seasonal or year-round operation. • Address safety through: o Guidelines and inspections for any barriers, electric, stormwater, and traffic impacts. o Existing Building, Fire, and Stormwater codes. o Police Services recommendations on late-night activity and patio use. May 24, 2022 Page 2 • Provide guidance on preferred infrastructure (railings, plantings, decking, walls, signage, etc.) Fort Collins streets and streetscape design are varied, and program develo pment has been focused on flexibility while ensuring the concepts listed above. Some outstanding considerations include: • How much parking should be maintained on a street face? o We currently only have a few patios in on-street parking but “what if” in the future numerous businesses on a block wanted on-street patios? • Is there concern for the type of activity in the extended patios? o Is it ok if patio use is mostly bar rather than dining related? Can it serve as additional waiting areas? • While the City has established fees for Encroachment and Obstruction permits (and these would likely be waived over the next year) the cost could increase over time. Process Development Process/Permit Code Change Private Property Development Plan or Minor Amendment Possible minor change On-Contiguous Patio on Public Sidewalk Encroachment Permit (+Sidewalk Permit if serving alcohol) Minor change to clarify not directly adjacent to building On-Street Patio in Public Parking Area Obstruction Permit (+Sidewalk Permit if serving alcohol) Create a definition for “Parklet” and add Parklet Permit ROW/Parkway Encroachment Permit None needed NEXT STEPS Some of the processes outlined above require minor code changes to clarify the intent, physical location, and use of an extended patio. Staff is recommending these code changes to allow maximum flexibility due to the newness of use and the varied street design throughout the City. To move ahead of any repeals of statewide emergency orders, these changes may not come to Council as a package but rather individually as they are ready. Staff will be working to streamline and communicate process and guideline creation recommendations to businesses. Once necessary code changes are in place, the temporary outdoor dining and temporary outdoor expansion permits could be rescinded. ATTACHMENTS 1. Powerpoint Presentation (PDF) Extended Outdoor Patio Process Development May 24, 2022Ginny Sawyer, Project and Policy Manager ATTACHMENT 1 2Council Direction 1.What questions does Council have regarding the proposed intent and considerations presented? Background 3 Pandemic Actions: -Indoor occupancy restrictions put into place. -Emergency Orders : -Te mporary Outdoor Dining, and; -Te mporary Outdoor Expansion Permits Emergency Orders allowed: •Businesses to set up patios on the sidewalk (not attached to buildings), in on street parking locations, in private parking lots, and in the Right-of Way. Background 4 Overall, extended patio space has been well received. As an on-going use need to align operational considerations and safety. Staff proposing minimal code change and greater flexibility through guidance document. Proposed Code Changes 5 •Create a definition for “Parklet”and add Parklet Permit. •Parklet permit for on-street patio use. •Currently relying on Obstruction Permit which was designed to accommodate construction needs. •Minor change to Encroachment Permit to clarify patio does not need to be directly adjacent to building. •Establishments serving alcohol will also need a permit to transport beverages across the sidewalk into the permitted patio space. Safety Items 6 •Accessibility •Parking availability •Pedestrian clearance •Combustion •Egress •Structures •Size of extended patio may impact approved building occupancy. •Stormwater will be on permit routing. Engineering/Parking Poudre Fire Authority Building/Stormwater Guidance Document 7 Next Steps •Bring minor code changes •Communicate permit availability and intentions of Guidance Document •Stay in a learning/flexible space for 1-2 years 8 9Council Direction 1.What questions does Council have regarding the proposed intent and considerations presented?