Sidewalk patios to continue this summer, with reduced fees
Administrator | Mar 18, 2024 | Comments 11
By Sharon Harrison
Council approves continuing temporary outdoor sidewalk patios in Picton and Wellington for another season.
At Thursday’s committee of the whole meeting, council also approved minor bylaw updates designed to streamline the program for both participating businesses who apply for a licence, and the municipality.
The good news for participating businesses for the upcoming season is a decrease in the annual application fee for sidewalk patios, which will go down to $35 (from $50), as well as a simpler application form which can be completed online.
The season has also been extended by two weeks and participants now have up until Nov. 1 (changed from Oct. 15) to remove patios, to take advantage of an extended shoulder season.
While the number of licences issued appears on a downward trend post-pandemic in a report to council, the Community Services, Programs and Initiatives department, after conducting a review, noted a good level of support for the program, with a common theme being that the sidewalk patio program brings “a sense of liveliness and vitality to Main Streets, while also having traffic calming effects”.
“The program operates on a cost-recovery basis with fees designed to cover, in part, the staff time required to administer and enforce the program. Currently, fees include a small annual application fee and a weekly fee related to the use of public parking and/or sidewalk space.”
The bylaw also introduces an inspection fee of $85 per hour for patios that require multiple compliance inspections.
The report stated that adjusting the fees charged for use of public space will better align with the true cost of lost parking revenue.
“In the past, this fee was set to $10 per day, applied seven days a week ($70 per week). The new fee would align directly with the current Main Street parking fees and fees would be assessed weekly, based on the current paid parking requirements (currently eight hours a day for five days per week at $1.50 per hour, to equal $60 per week).”
“This fee contributes to recovering lost parking revenue and also to the cost-recovery of staff time for this program. As such, this fee will be applied equitably to all sidewalk patio operators, regardless of whether they are occupying a paid parking location or not.”
The sidewalk patio program permitted nine patios in 2023, seven in Picton and two in Wellington. For 2024, it is anticipated the number of sidewalk patio licences will total seven (estimated).
Staff’s review of the program included sector-specific and public consultations, as well as industry and stakeholder consultations, along with speaking to municipal departments, council advisory committees, business representatives (Picton BIA, Chamber of Commerce, Visit the County) and those restaurants who had participated in the program before, or may wish to in the future.
The consultation overview describes what was learned and how this input has influenced the recommendations
“The major themes emerging from stakeholder input include clarifying public versus private patio requirements, supporting businesses, accessibility, public safety, enforcement and parking,” noted Ashley Stewart, Community Services, Programs and Initiatives co-ordinator.
The most significant changes proposed in the bylaw update include clarifying the difference between a patio on public property and a patio on private property (noting an applicant can have either, but not both), the requirement for the patio-on-street design for any new patio on public property (where possible), and a revised fee structure to reduce costs for businesses.
The bylaw also includes introducing a mandatory site meeting for new applicants, the addition of an inspection fee for patios that requires multiple compliance inspections. Changes also include introducing improved enforcement with set fines.
“The municipality is responsible for granting permission for commercial patios on both private property and public property (e.g., sidewalk patio program). Patios on private property are more straightforward to licence as they do not require public space.”
The sidewalk patio program allows participating restaurants to temporarily use public space to increase seating capacity and as a result, increase their revenue, while also creating additional employment opportunities.
“Staff recommend an approach to updating the sidewalk patio program that seeks to be more supportive of participating businesses while balancing the need for accessibility and public safety,” stated Stewart.
Councillor David Harrison spoke to safety issues, specifically addressing a worst-case scenario situation, asking “who is liable if a vehicle comes up the street and plows through one these patios. What’s the insurance situation?”
Cowan said the municipality is fully insured, noting the patios exist on municipal property, where municipal clerk Catalina Blumenberg added that all public patio licensees also have to have $2 million general liability insurance, with the County named as an insurer, “and they would be responsible as the first, because their insurance covers the program”.
Harrison continued by saying “$2 million in this day and age in a situation like that would be next to nothing, adding “We are exposing ourselves to tremendous liability”.
Cowan said, “There is always a risk, and there has always been since this program existed, as with any type of use of public property by the public, there is that risk involved.”
The report noted that between the COVID-19 pandemic, rising food costs, labour shortages and general economic downturn, “the restaurant industry has faced significant challenges since 2020, and the program is a support that the municipality can provide to eligible restaurants as the industry continues to recover.
This update does seek to work toward being more business friendly, Cowan added.
“The restaurant industry has really had a tough time since COVID, and it’s taken a long time to recover; they are still in recovery, they still are dealing with staffing shortages, and there is an economic downturn. People are not spending as much money, and food as well as other supplies is more expensive for businesses, and for residents,” she said.
There are two different design options for sidewalk patios, namely a patio-on-sidewalk configuration, and a patio-on-street configuration.
The report considered the patio-on-street option to be the most accessible (accessibility was a concern raised during the program review) as it is easier for people using mobility devices or people with low or no vision to navigate the sidewalk in a straight path of travel.
As such, the proposed bylaw update recommends making patio-on-street the required design, where site infrastructure and surroundings allow, and would be a requirement for new applicants to the program (existing operators will not be required to change existing designs).
Further, the patio-on-street design only requires the use of one parking space, versus patio-on-sidewalk which requires two spaces.
Of the nine patios in Picton and Wellington in 2023, six were patio-on-street (the preferred option), and three were patio-on-sidewalk.
Of the nine patio licenses issued in 2023, a total of 11 parking spaces were temporarily eliminated as a result of the program.
Since its inception in 2018, the highest number of licences issued was 12 (in 2021), resulting in the loss of 15 parking spaces that season.
Councillor Brad Nieman said he wouldn’t support the patios on the street because “it’s taking parking spots away”.
“There’s no denying some parking spaces are lost in that plan and it’s certainly a trade-off,” said Cowan, “If we have the same number of patios this year as we did last year, that’s 10 parking spaces, but many businesses and residents agree the trade-off is a more vibrant and active main street, with more places to sit out and enjoy Picton or Wellington.”
Nieman also enquired about whether patios would be restricted at intersections for safety reasons.
“Intersections are definitely one of the those places where one could reasonably assume that a patio would not be allowed, but staff would certainly have an internal conversation with the OPP and emergency services to make that decision,” Cowan said.
Councillor Chris Braney indicated whole-hearted support for the program.
“There is an opportunity here to enhance business scenarios during those seasons,” said Braney. “I see it first-hand in the ones I visit in Wellington, it is traffic calming, I believe safety-wise we are actually further ahead, especially on a street like Wellington where you see the traffic automatically slow down.”
The report also noted the secondary benefit of patios having a traffic calming effect during the busiest months of the year making Picton and Wellington Main Streets’ vehicular traffic slower stating “This theme emerged as a benefit of the program in nearly every consultation session with stakeholders.”
Based on input from the fire department, the updated bylaw includes the option to impose limits on the number of patios within more congested sections of Main Streets.
“A specific example is the area on Picton Main Street between York and Bridge streets where there are challenges for emergency vehicles due to a higher number of sidewalk patios (currently four) within this stretch.”
The report noted that if limits are imposed, existing operators will receive priority before the limits take effect.
The percentage of available parking spaces lost to sidewalk patios is currently 2.5 per cent of on-street parking in core commercial zones in Wellington, and 3.75 per cent in Picton.
Addressing the issue of losing 3.75 percent of parking spaces in Picton, Harrison referred to an old photo of Picton he was looking at.
“I can remember angled parking,” said Harrison. “I wonder if we could take a look at that again, and how many more parking spaces would we get on Main Street with angled parking on the right-hand side as it used to be?”
The sidewalk patio program has been in place since 2013, where in summer 2020, temporary measures were put into place for participating businesses as a result of the COVID-19 pandemic.
The bylaw is expected to be ratified at the March 26 council meeting.
Filed Under: Local News
Each day after I drive home from my job, and try to navigate parking spaces, I literally watch people park in the post office, get out of their cars and go the local restaurants in that specific area of downtown. I’ve also been blocked, more than once, by people parked in the post office entrance on main street, and have witnessed numerous uturns. Perhaps when retire and come to town every day I might have a different experience, however currently this is the very real challenge. There’s no embellishment and I’m delighted to know that at least one reader has a happy joyful experience with parking.
Fortunate that the county is fully insured in relation to the patios. No one ever would have thought that on a clear, summer’s day a speeding tourist would drive onto the sidewalk and right into the base of the Picton Cenotaph. But it happened. It is not far-fetched to assume that one day a vehicle will slam into one of the patios which project into mainstream traffic. Hard to imagine anyone enjoying the sunshine while sitting smack in the middle of Main Street inhaling exhaust fumes.
I feel it is important to note that public access is still maintained. If patios are not you’re thing so be it but do not begrudge others the opportunity. Let folks enjoy themselves.
We frequent Picton businesses on an almost daily basis and NEVER find it impossible to find a parking space. Sure, sometimes it’s not right out front but generally only a short pleasant walk to where we need to be. The few spaces taken for patios are not creating a parking issue but they are contributing to a more vibrant and enjoyable streetscape that supports businesses and in turn the people they employ.
In case anybody misunderstood, I take issue with the way this was mentioned as a traffic calming measure supported by residents; and the concern for parking and safety. Never mind if it’s for patios, $20 burgers, or sitting in the sun which by the way, can be done anywhere in the county. Main street patios is just another contributor to bad traffic management in an area of town which needs better management of traffic flow.
It’s time council level the playing field by adding paid parking in Bloomfield and Wellington. If not make parking free in Picton as well.
The “key” here is “Public Property”. Some of the restaurants had the foresight to place their business where they have their own patio. Kudos to them. However, the rest are an infringement to the public right of access and should be dismissed out of hand.
Feel free to not use a patio if you don’t like them. Some people enjoy sitting in the sun while eating a meal and having a beverage.
Where’s the proof of traffic calming?….this makes no sense when council stated
“while also having traffic calming effects”.
AND
I don’t recall being canvassed as a resident and furthermore, there are benches and public spaces to sit out and enjoy Picton and Wellington so why does council say “many businesses and residents agree the trade-off is a more vibrant and active main street, with more places to sit out and enjoy Picton or Wellington”?
I routinely watch drivers make U-turns on main street, other vehicles block the post office entrance, and fillup the post office parking lot, so why are we sacrificing this parking space? There’s already a parking shortage, there’s no enforcement and it’s simply not safe.
Agreed, don’t quite get the attraction of crowded sidewalks and passing car fumes on a $20 burger!
I am not a fan of sidewalk patios on public property. If a business intends on doing this then they should pay attention to where they are located. I do not get the attraction of sitting alongside a road or sidewalk trying to eat a meal being jostled by people, nor fumes from vehicles. I do not agree with using public sidewalks for a restaurant, and main street parking is tight enough without removing some of it to accommodate a business.