200611 Council AddendumThe Corporation of the Town of Tillsonburg
COUNCIL MEETING
ADDENDUM
Thursday, June 11, 2020
6:00 PM
Electronic Meeting
14.Staff Reports
14.2 Clerk's Office
14.2.2 CLK 20-23 Temporary Patios on Municipal Property
Proposed Resolution #
Moved By: ________________
Seconded By: ________________
THAT Council temporarily supports the inclusion of municipal property for
the use of outdoor patios through the Encroachment By-law process;
AND THAT all fees and charges are temporarily waived for restaurants
choosing to use municipal property in 2020.
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Subject: Temporary Patios on Municipal Property
Report Number: 20-23
Author: Michelle Smibert, Town Clerk
Meeting Type: Council Meeting
Meeting Date: Thursday, June 11, 2020
RECOMMENDATION:
THAT Council temporarily supports the inclusion of municipal property for the use of
outdoor patios through the Encroachment By-law process;
AND THAT all fees and charges are temporarily waived for restaurants choosing to use
municipal property in 2020.
BACKGROUND:
At the Council meeting held on May 25th 2020, Council received a request from the BIA
for the approval of “pop up” patios and asked staff to review and provide a report for
Council consideration.
DISCUSSION:
Operations Services, Building and Clerk’s staff have had meetings with the BIA to
discuss this matter. Staff have reviewed and considered similar projects in other
municipalities such as Hamilton, Stratford, Woodstock and London. Some
municipalities have allowed outdoor patios even before COVID-19 while others are
allowing them on a pilot or temporary basis to assist with the recovery of the bar and
restaurant community during this trying time.
The current version of the Town’s Zoning By-Law, Section 5.23 allows for outdoor
patios. During the discussion, it was suggested that the current Encroachment Permit
Application process be used to review and approve these requests. While the original
request came from the BIA for downtown restaurants, the working group has talked
about and agrees that restaurants outside the downtown area would be able to
encroach onto municipal property to set up a temporary outdoor patio if ample space is
not available on private property and as long as the guidelines are followed to the
satisfaction of Town staff. The COVID Task Force at their meeting held on June 3rd
2020 also passed a resolution to include “all businesses” in the outdoor
patio/encroachment program.
Staff feel it is important to have a guidance document for those bars and restaurants
looking to setup an outdoor patio so that they are aware of what is required to locate an
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CLK 20-23
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outdoor patio on municipal property. The attached guideline document is modeled after
the City of Woodstock’s document.
The Building Department met with the BIA representative on site for a couple of
restaurant properties to see how outdoor patios can be accommodated while still
allowing for a barrier free pedestrian corridor. It was noted that due to the requirement
to accommodate physical distancing as a result of COVID-19, it is important that
adequate room for pedestrians on the sidewalk within the downtown be provided.
The BIA has indicated that the cost of outdoor patio furniture is the responsibility of the
bar or restaurant and noted that they have outdoor patio furniture that will not be set out
downtown this summer that bars and restaurants will be able to access.
Some municipalities that have allowed outdoor patios on municipal property even before
COVID-19 charge for usage of this space. It is recommended that no fee s be charged
for the space at this time due to the economic hardship being experienced by bar and
restaurant community.
CONSULTATION:
BIA, Operations Services Department, Building Department
FINANCIAL IMPACT/FUNDING SOURCE:
No cost to the Town other than the administrative time to review and approve
applications and the labour time to temporarily setup traffic safety devices (i.e. traffic
barrels, barricades, cones, etc.).
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CLK 20-23
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COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☐ Demonstrate accountability
2. Economic Sustainability
☒ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A – Guidelines
Appendix B – Letter from the Province regarding regulatory changes to the AGCO
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Outdoor Patios/Encroachment on
Municipal Property
Draft Guidelines
The Town of Tillsonburg allows downtown eating establishments or coffee shops to
establish temporary seasonal patios by using on-street parking spaces along municipal
streets which have curb side on street parking as well as in municipal parking lots.
The 2020 outdoor patio season is established between June 12 to October 1.
All outdoor patios and/or sidewalk by-passes must be designed and constructed to the
satisfaction of the Town of Tillsonburg.
LOCATION
Permitted only on streets with existing on-street parking or in municipal parking
lots.
Curb side patios will be permitted only where the outdoor patio installation can be
located directly in front of the associated business.
Parking lot outdoor patios will be permitted only where a municipal parking lot is
located adjacent to the associated business.
Curb side patios must be located at least one (1) parking stall away from an
intersection.
Proposals will be assessed and approved in accordance with vehicle volumes,
sightlines and visibility to the satisfaction of Town staff.
Proposals must not obstruct underground utility access, electrical transformer
vaults, utility boxes, loading zones, transit stops and other infrastructure
Proposals must avoid conflicts with existing pedestrian crossings or provide
options of maintaining a barrier free pedestrian corridor.
DESIGN STANDARDS
All parts of the outdoor patio and/or sidewalk by-pass must adhere to Ontario
Regulation 191/11 Integrated Accessibility Standards Part IV.1 Design of Public
Spaces Standards.
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Where there are residential dwellings in the same building the outdoor patio
should not interfere with the ability of first responders to access the building.
Any outdoor patio deck or sidewalk by-pass design will vary depending on the
slope of the street and the overall design of the structure. The sub-structure
must accommodate the crown of the road and provide a level surface for the
patio or sidewalk by-pass.
Any gates must swing into the patio space and not obstruct the sidewalk
Tables shall not exceed a height of 0.865 metres (34”) above the finished floor of
an outdoor patio.
No umbrellas or other treatments can extend into the sidewalk or travelled
portion of the roadway.
Any lighting will be subject to review and shall be designed and installed in such
a way as to not create a visual or physical distraction to the travelling public on
the sidewalk or roadway.
The outside edge of the outdoor patio must be at least 0.5m (20”) from the
travelled portion of the roadway, creating a 0.5m (20”) clear zone.
At each end of the parking space, wheel stops must be placed 1.2m (48”) from
the edge of patio to provide a buffer from the next parking stall.
Proposals must have vertical elements that that are at least 1.2m (48”) high that
make them visible to traffic, such as flexible posts or bollards or landscape
planters and include reflective elements so as to be visible by traffic at night.
These elements should be placed 0.5m (20”) from both corners of the outdoor
patio and be in line with the edge of the patio that is parallel to the travelled
portion of the roadway.
The patio surface must be designed for easy removal and to prevent damage to
the underlying infrastructure. The applicant’s plan for affixing wheel stops and
flexible reflective posts must be included as part of the application package and
requires acceptance by the Town.
Guardrails or Railings must be present on at least the three sides of an outdoor
patio located within an on-street parking area and shall be constructed to the
following specifications:
o must be a minimum of 0.91m (36”) and no higher than 1.07m (42”) in
height.
o must be designed and attached in a manner to resist a concentrated load
at any point of not less than 1 kN, and,
o must be designed and attached in a manner to resist a uniformly
distributed load of 0.75 kN/m.
The outdoor patio must not interfere with proper drainage of the roadway
(curbs/catch basins in the immediate area must be free of obstructions)
Any necessary maintenance completed by the Town will be at cost of staff time
plus administration.
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COPY OF CURRENT LIABILITY INSURANCE
General Liability Insurance from an insurer licensed in the Province of Ontario for
$2 million per occurrence with an aggregate limit of no less than $5 million to the
Town of Tillsonburg against any liability for property damage or personal injury,
negligence including death which may arise from the applicants operation s under
this agreement. The Town of Tillsonburg must be included as an “Additional
Named Insured”. In addition the Commercial General Liability shall contain Cross
Liability and Severability Clauses and Products & Completed Operations
coverage including a standard contractual liability endorsement.
ADDITIONAL CRITERIA
Any outdoor patio arrangement must accommodate 2m physical distancing within
the proposed layout.
Smoking shall be prohibited on any outdoor patio, pursuant to the Smoke-Free
Act with ‘no smoking’ signage posted at the entrance/exit.
Applicants must provide notice to adjacent business neighbours of their
proposals.
Applicants accept responsibility for any and all damages that occur to the
platform or patio and associated fixtures and chattels.
Electrical power cords or any device that crosses the travelled portion of the
sidewalk will not be permitted.
All eating establishment or coffee shop must provide a minimum of 6 non-
alcoholic menu items.
Outdoor food preparation will not be permitted
Business owners interested in obtaining a liquor license for the outdoor patio will
require license approval from the AGCO. This is a separate process to be
undertaken by the applicant.
Businesses are required to maintain the occupied space AND pedestrian
bypass/boardwalk free of litter and debris during occupancy and immediately
after the structure is removed.
The Applicant agrees to comply with the hours of operation established in any
subsequent lease agreement.
Upon completion of any work, the Applicant agrees to restore the property at its
expense to the satisfaction of the Town of Tillsonburg and to remove all debris
and rubbish.
Outdoor patios shall comply with all applicable Town By-laws.
The Town of Tillsonburg reserves the right to cancel the lease of any municipal
space at any time for failure to comply with the conditions described above .
APPLICATION REQUIREMENTS
Please follow the steps below to submit an application;
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Prepare plans and drawings of the proposed outdoor patio installation(s) with
dimensions in accordance with the criteria outlined above.
Complete the Encroachment Permit Application Form.
APPROVAL PROCESS
Step 1 – Submit your Encroachment Permit application, as above, and copies of the
required plans and drawings to:
Tillsonburg Town Hall
Attn: Temporary Outdoor Patio Program / c/o Operations Services
204-200 Broadway Street
Tillsonburg, ON N4G 5A7
Step 2 – Revise application in response to staff comments, as necessary.
Step 3 – Clear conditions of approval.
Step 4 – Construct outdoor patio installation(s).
Step 5 – Contact Town staff re: inspection.
Step 6 – Obtain final approval.
All applications submitted will be reviewed/approved by Town staff.
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Our Reference #: M-2020-6431
June 8, 2020
Dear Head of Council:
We know that people, businesses and municipalities in Ontario have been significantly affected
by the COVID-19 outbreak, including our hospitality sector and workers. Restaurants, bars and
other licensed establishments like tap houses and breweries play an essential role in the success
of local economies and the vibrancy of communities in our province. That is why our
government is committed to supporting them, while doing all we can to keep people safe based
on the guidance of public health experts.
Early on in this public health emergency the Attorney General led our government’s swift action
to allow licensed restaurants and bars to offer takeout and delivery of alcohol with food orders,
to extend all liquor licenses for three months at no extra cost to licensees and to reduce the
minimum price restaurants and bars are required to sell spirits at by 33 per cent.
Last fall Minister Sarkaria tabled the Smarter for Business, Better for People Act which, since
passed, gives restaurants, bars and breweries the ability to allow dogs in outdoor eating areas,
like patios and inside food premises where only pre-packaged and/or low risk foods are served.
This change has provided more flexibility and business opportunities to the hospitality sector.
There is still more that can be done. Each of us have heard loud and clear the calls from
municipalities and the hospitality sector to allow licensed establishments to extend their outdoor
patio licenses for the duration of summer and into the fall. The current process is time-
consuming and presents too many barriers for businesses already struggling to succeed in the
face of COVID-19.
We are therefore pleased to inform you that, as the Minister responsible for the regulation of
alcohol sale and consumption in Ontario, the Attorney General has implemented regulatory
changes that give the Alcohol and Gaming Commission of Ontario (AGCO) the discretion to
allow licensed establishments to temporarily add or increase the size of their patios once they
are permitted to reopen. These opportunities will be available to all licensed establishments,
whether or not they currently have a patio, and will be subject to any additional requirements set
out by the AGCO and municipality (such as by-laws or other restrictions).
The Attorney General and Ministers of Municipal Affairs and Housing and Small Business and
Red Tape Reduction recognize the need to give licensed establishments certainty as they prepare
to operate their businesses safely, successfully and respectful of social distancing protocols. That
is why we came together quickly to find an effective solution as Ontario gradually re-opens its
economy.
…/2
Attorney General
McMurtry-Scott Building
720 Bay Street
11th Floor
Toronto ON M7A 2S9
Tel: 416-326-4000
Fax: 416-326-4007
Procureur général
Édifice McMurtry-Scott
720, rue Bay
11e étage
Toronto ON M7A 2S9
Tél.: 416-326-4000
Téléc.: 416-326-4007
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Additionally, we encourage you and your municipal council to look at the options available to
support your Main Streets. A few innovative municipalities have considered extending patios
onto sidewalks and into parking lots, allowing the alternative use of a section of downtown
streets, or transforming public parks into food gardens. We encourage you to consider what may
work in your community to support our small businesses.
We look forward to seeing the Ontario spirit in action as licensed establishments take advantage
of this latest change and municipalities launch plans to further support their local hospitality
sectors this summer while keeping their communities safe and following all public health
guidance.
Sincerely,
Doug Downey Steve Clark Prabmeet Sarkaria
Attorney General Minister Associate Minister
Municipal Affairs and Housing Small Business and
Red Tape Reduction
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