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HomeMy Public PortalAbout2022-05-09_Special Council_Website Agenda Package Page 1 of 1 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Monday, May 9, 2022 Livestreamed via YouTube at https://www.youtube.com/channel/UC_uKlob3qOA6eD62x1kK5Kw Office Location: 151 King Street, Chester, NS 1. MEETING CALLED TO ORDER 2. APPROVAL OF AGENDA/ORDER OF BUSINESS 3. PUBLIC INPUT SESSION (15 minutes) 4. MATTERS ARISING 4.1 Request for Decision prepared May 9, 2022 – Corporate & Strategic Management Department – Adoption of Outdoor Dining By-Law (First Reading). 5. NEW BUSINESS 6. IN CAMERA 6.1 Section 22(2)(e) of the Municipal Government Act – Contract Negotiations (Village Commission). 7. ADJOURNMENT REQUEST FOR DECISION REPORT TO: Municipal Council MEETING DATE: May 9, 2022 DEPARTMENT: Corporate & Strategic Management SUBJECT: Outdoor Dining By-Law ORIGIN: Motion #2021-151 Date: May 5, 2022 Prepared by: Erin Lowe, Sr. Economic Development Officer Date: Reviewed by: Tara Maguire, Deputy Chief Administrative Officer Date: May 5, 2022 Authorized by: Tara Maguire, Deputy Chief Administrative Officer RECOMMENDED MOTION Approve draft Municipality of Chester Outdoor Dining By-Law and adopt the document. CURRENT SITUATION At the April 28th council meeting, council directed staff to come back with another draft of the Outdoor Dining By-Law incorporating the minimum requirements of Nova Scotia Public Works. Staff met with representatives of Nova Scotia Public Works and restaurant owners who previously applied for outdoor dining on May 2. Changes discussed at this meeting have been incorporated into the attached draft by-law for council’s review and approval. Once approved by Council, the by-law will require 1st and 2nd reading(s) with the required 14 days between readings. BACKGROUND The allowance of outdoor dining in the Village of Chester was a temporary measure put in place to help our food and beverage businesses due to the restrictions and limitations imposed by the Covid 19 pandemic. Having outdoor dining conflicted with our Land Use By-Law so it required council to temporarily suspend enforcement of that by-law. Following Council’s agreement to temporarily suspend enforcement of the land use by-law in the 2020 season, two restaurants received licences to operate outdoor dining areas. In 2021, council again agreed to temporarily suspend enforcement of the land use by-law and three restaurants received licenses to operate outdoor dining areas that season. In April 2021 council passed a motion to direct staff to begin work on a stand-alone by-law to cover 2022 and beyond, so that businesses need only apply annually for an outdoor dining license. Public consultation efforts: A review of the municipality’s outdoor dining initiative was included in the scope of work for the Chester Traffic Impact Study / Improvement Plan. Their assessment of the initiative evaluated any impacts sidewalk cafés in the Village may have on traffic and explored whether any strategies to mitigate such impacts were necessary. This assessment included a public engagement component via an online survey which had the sidewalk café initiative as one of four topics for residents to provide feedback on. Two in-person events were also held in Chester to allow the public opportunity to provide information and feedback on sidewalk cafés. R e q u e s t f o r D e c i s i o n P a g e | 2 Results of the resident survey indicated strong support for the sidewalk café initiative, with 75% of participants either ‘strongly supporting’ or ‘somewhat supporting’ extending the sidewalk café initiative to allow some existing road space to be used for outdoor dining adjacent to establishments. While the survey results suggested favourable support for sidewalk cafés amongst residents, that support was met with apprehension from some residents that allowing businesses to operate sidewalk cafés would decrease parking availability and hurt other businesses. Field observations found that some sidewalk cafés operating within the Village are not providing adequate measures to ensure that all residents are able to safely move throughout the streets and sidewalks where the sidewalk has been obstructed. Furthermore, it was noted that on one occasion an accessible parking spot was displaced to accommodate a sidewalk café with no observed relocation of the accessible space being provided. To prevent limiting the safe movement of pedestrians within the public right-of-way, the Consultant recommended the Municipality consider incorporating guidelines like those adopted by the Town of Wolfville or the Halifax Regional Municipality, particularly regarding requirements and design standards for:  Café dimensions and design  Temporary sidewalks  Emergency access  Accessibility The proposed Municipality of Chester Outdoor Dining By-Law is consistent with the recommendations as set out in the Chester Traffic Impact Study / Improvement Plan. DISCUSSION The development of this by-law involved all related internal departments who will be involved with the administration of it once it is in place. This included Infrastructure & Operations, Accessibility Coordinator, Community Development, Economic Development. The following section provides an overview of the key elements of the by-law for council’s consideration. Eligibility: In the draft by-law, outdoor dining areas are allowed as an accessory use only to a permitted or legally existing food and beverage establishment. Other businesses such as retail or office space would not be eligible to apply for a permit. Accessibility and safety: the Accessibility Coordinator was actively involved in the development of this by-law to incorporate accessibility and safety standards such as requirements for cane-detectable barriers, safety barriers from vehicular traffic and required width for the path of travel. Path of travel: all outdoor dining areas must provide a temporary sidewalk when located in the public road right-of-way or vehicular parking area to preserve the free flow of pedestrian traffic. Among other requirements outlined in the by-law, the Owner/Operator must provide a safety barrier between the sidewalk and vehicular traffic and be designed with a smooth, level transition between existing grade and the temporary sidewalk. Parking: outdoor dining areas may occupy parking spaces to a maximum of 20 per cent of the total parking space requirements for the related use on the property. Any outdoor dining area occupying an accessible parking space shall provide a suitable alternative accessible parking space created with approval from the provincial department responsible for transportation. R e q u e s t f o r D e c i s i o n P a g e | 3 Approval process: all licences issued by the Municipality are subject to the Owner/Operator obtaining the necessary permits or permissions from any other regulatory body such as the Province. Nova Scotia Public Works must review each application prior to the business receiving a permit. The by-law should still reduce the back and forth but there could be additional measures required depending on the business location. Approval from Alcohol and Gaming may also be required as well as review and sign-off from the Municipal Engineer. Liability Insurance: the Owner/Operator of an outdoor dining area must carry a minimum of $2,OOO,OOO liability insurance for the operation of the outdoor dining area for the full term of the license and name the Municipality and Province of Nova Scotia as co-insured. Timing: outdoor dining licenses will be issued for the period from May 1st to November 7th and must be reapplied for annually. The administration process for this by-law will be determined following approval of the by-law. Staff will review previous application process. Individual applications will still be required to be reviewed and approved by the provincial department responsible for transportation. OPTIONS 1. Approve draft Municipality of Chester Outdoor Dining By-Law and adopt the document. 2. Make specific changes to the draft Municipality of Chester Outdoor Dining By-Law. Changes will be made to the document before obtaining adoption. 3. Do not adopt the draft Municipality of Chester Outdoor Dining By-Law. IMPLICATIONS By-Law/Policy This involves the development of a new by-law, the Municipality of Chester Outdoor Dining By-Law. Financial/budgetary N/A Environmental N/A Strategic Priorities The Municipality of Chester Outdoor Dining By-Law will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Economic Development 1. Partner in the development of infrastructure and opportunities for business development and attraction. 2. Promote and grow the Municipality’s economic sectors. 3. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses, and organizations, and as an international tourism destination. Priority Outcomes: Governance & Engagement 1. Ensure municipal bylaw and policy frameworks reflect current and changing needs. R e q u e s t f o r D e c i s i o n P a g e | 4 Work Program Implications The administration of applications for outdoor dining licenses will have implications on the staff work program. The plan for administration of this by-law will be determined once the by-law has been approved. Has Legal review been completed? _X__ Yes _ _ No __ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) Feedback received from stakeholders/public is summarized above. Staff have been in contact with the food and beverage establishments to update them on the process. ATTACHMENTS Municipality of Chester Outdoor Dining By-Law Municipality of Chester Outdoor Dining By-Law 1 MUNICIPALITY OF CHESTER OUTDOOR DINING BY-LAW 1) Purpose, Scope, Authority a. Notwithstanding any contrary provisions of the Chester Village Land Use By-law or the Chester Municipal Land Use By-law, an Owner/Operator licenced pursuant to this By-law may operate within the Outdoor Dining area in accordance with that Licence while it is in effect. Upon the expiration, termination, or suspension of the Licence the provisions of the applicable Land Use By-law shall then apply to the Outdoor Dining Area. b. The purpose of this by-law is to provide for the licensing of outdoor dining areas of appropriate design, configuration, and appearance during the spring, summer and fall. c. Due to the seasonal and temporary nature of an outdoor dining area, the seating within an outdoor dining area will not be considered an increase in the number of seats serving a restaurant or eating establishment, will not be counted towards any off-street parking requirements established in any Municipal Land-Use By-Law and no development permit will be required for the temporary use or structure. 2) Definitions a. “Administrator” means the CAO or other staff person as appointed by the CAO to administer this by-law. b. “Municipality” means the Municipality of the District of Chester. c. “Outdoor dining area”, includes all area within a public right of way, whether owned or controlled by the Municipality or the Province, directly abutting the property to the business or the property where the business is located and is the location where temporary seating areas for food and beverage establishments such as seasonal patios and sidewalk cafés are located and includes any temporary sidewalk(s). d. “Business” means food and beverage establishments. e. “Owner/Operator” means the owner of the business where an outdoor dining area application is applied for and shall include a tenant, or person having possession and control of the property upon which the business is operated. f. “Cane-detectable barrier” refers to objects that can be detected by a person using a long white cane. Along a path of travel, objects must be located between the ground and a height of 680 mm to be cane-detectable (refer to Schedule A for illustration). g. “Protruding objects” are any objects that protrude into the path of travel and must be cane- detectable. Objects that protrude more than 100 mm into the path of travel must have their leading edge no higher than 680 mm from the ground. Any protruding objects with their leading edge above 680 mm must also have a cane-detectable barrier. A minimum overhead clearance of 2050 mm is required (refer to Schedule B for illustration). h. “Safety barrier” means an obstacle placed between pedestrian traffic and vehicular traffic, fully in compliance with the requirements outlined in this by-law. Municipality of Chester Outdoor Dining By-Law 2 i. “Temporary Sidewalk” means a dedicated space reserved for pedestrian use, fully in compliance with the requirements outlined within this by-law. 3) Administration a. No Owner/Operator shall establish or maintain an outdoor dining area without a license pursuant to this by-law. b. All Licences issued by the Municipality are subject to the Owner/Operator obtaining the necessary permits or permissions from any other regulatory body such as the province. c. The Owner/Operator of an outdoor dining area shall pay an Annual Permit Fee as per the fees and policy of Council upon application for the Licence. d. Licenced outdoor dining areas are permitted as an accessory use to a permitted or legally existing food and beverage establishment, excluding mobile vendors under the Municipal Trade and Licencing By-Law. e. The Administrator may issue annual outdoor dining licenses which shall be for the period from May 1stApril 15 to November 7thOctober 31 or such shorter period as specified in the Licence. f. Licenses shall be valid for one (1) season and must be reapplied for annually. g. Outdoor dining areas shall operate in compliance with the operating hours of the principal use to which it is an accessory. h. No outdoor dining area shall broadcast pre-recorded or live music, including music broadcast from inside the building but intended to reach patrons of the outdoor dining area. Music broadcast from inside the building that is heard by patrons of the outdoor dining area shall not be of such a volume as will create a noise nuisance to either the public or surrounding property owners. i. The Municipality and public utility agencies retain the right of entry to the approved outdoor dining area and the temporary sidewalk for the installation, maintenance and repair of pipes, cables, wires, poles, hydrants and other elements as necessary. i) In the case of emergency repairs of utility infrastructure noted above, entry may be made without notice. For scheduled work, a minimum notice of 48 hours will be given. ii) When access is required by the Municipality or a public utility for a purpose such as those above, the Owner/Operator shall remove the outdoor dining area improvements and reinstall them at the Owner/Operator's expense. iii) The Municipality retains the right of entry to the approved outdoor dining area for emergency vehicle access. 4) Liability The Owner/Operator of an outdoor dining area shall: a. carry a minimum of $2,OOO,OOO liability insurance for the operation of the outdoor dining area for the full term of the license b. name the Municipality and Province of Nova Scotia as co-insured c. must indemnify the Municipality and save it harmless from all claims of injury to persons or damage to property attributable in whole or in part to the existence, location, and operation of the outdoor dining area Municipality of Chester Outdoor Dining By-Law 3 d. must indemnify the Province of Nova Scotia and save it harmless from all claims of injury to persons or damage to property attributable in whole or in part to the existence, location, and operation of the outdoor dining area e. notify the Municipality no less than 30 days before the cancellation of this insurance. 5) Outdoor Dining Areas All outdoor dining areas shall comply with the following: a. provide a temporary sidewalk when located in the public road right-of-way or vehicular parking area to preserve the free flow of pedestrian traffic. b. be constructed in such a way as not to block or otherwise interfere with the street drainage system. c. any structures associated with an outdoor dining area will require a fire inspection. d. be approved by the provincial department responsible for transportation. e. be approved by the municipal department responsible for municipal streets and sidewalk maintenance. f. where applicable, the seating area shall not extend beyond the inside edge of the curb of the municipal sidewalk. g. all objects must be wholly contained within the area approved for the outdoor dining area. h. no signage is permitted within the outdoor dining area, including but not limited to logos and advertising signage on umbrellas, banners, flags. i. when located within a public road right of way, the outdoor dining area shall not extend past the front property line of the property that the business is located on. j. any tents, domes, tarpaulins and decorative materials shall conform to Can/ULC-S109, “Flame Tests of Flame-Resistant Fabrics and Films.” k. outdoor dining areas may occupy parking spaces to a maximum of 20 per cent of the total parking space requirements for the related use on the property. l. maintain a minimum width of 1600 mm of unobstructed (barrier free) access to the entrance of the building. m. Fire hydrants may be incorporated into an outdoor dining area on the strict understanding that access should be immediate when required i.e., no permanent or difficult to remove structures built around them. 6) Temporary Sidewalk A temporary sidewalk must be provided when an outdoor dining area is located within the public road right-of-way or located within a vehicular parking area. All temporary sidewalks shall: a. be separated from vehicular parking by a safety barrier thatas approved by the provincial department responsible for transportation. : i) has a minimum weight as approved by the provincial department responsible for transportation. ii) has a minimum height of 914 mm. iii) has reflectors on the outer side to be better detected by drivers. iv) does not create a traffic hazard or block visibility. Municipality of Chester Outdoor Dining By-Law 4 v) is no closer than 3 m from any street intersection or the edge of the building, whichever is less; or as approved by the provincial department responsible for transportation. b. include a cane-detectable barrier on both sides of the temporary sidewalk. c. include a railing at a minimum of 914 mm in height (measured from the ramp surface to the top of the rail) on both sides of the temporary sidewalk to prevent pedestrians from entering the street and the seating area of the outdoor dining area. The railings must be continuous, and colour contrasted with surrounding surfaces. d. have handrails that are a size (diameter) that facilitates grip, with a smooth and round design and include horizontal handrail extensions at the top and bottom of the ramp to provide support with extensions turned down to prevent bags, pockets etc. from getting caught. e. be no less than 1.8 1.5 metres wide to accommodate those requiring mobility devices. f. provide a smooth, level transition between existing grade and the temporary sidewalk surface and have no more than a 6 mm lip to enter the ramp. g. have a non-slip surface, or a non-slip surface must be applied. 7) Beautification All outdoor dining areas shall: a. be encouraged to include landscaping of the outdoor dining area. b. remove all landscaping features by the expiration date of the license. c. ensure that all plant material is wholly contained within the designated outdoor dining area. d. ensure that vegetation is maintained or replaced with healthy plant materials throughout the duration of the license. 8) Accessible Parking Space(s) Any outdoor dining area occupying an accessible parking space shall: a. provide a suitable alternative accessible parking space created with approval from the provincial department responsible for transportation. b. be replaced with a parking space that has adequate curb cuts and access to the sidewalk where applicable. 9) Lighting Any lighting for an outdoor dining area shall be of a temporary nature and shall: a. use lowest possible intensity consistent with safety. b. use fixtures which eliminate glare. c. not project any glare or direct illumination onto adjacent properties or the adjacent street. d. remain static, meaning the lights shall not flash, move, or change in intensity or colour. e. be turned off when the business is not open. 10) Waste, Storage and Maintenance The Owner/Operator of an outdoor dining area shall: a. maintain the outdoor dining area, the temporary sidewalk area, and the immediately adjacent area, in a clean and safe condition, free of hazards at all times. Municipality of Chester Outdoor Dining By-Law 5 b. locate any waste receptacles and workstations along the building wall. c. ensure all waste receptacles are covered. d. ensure all waste receptacles are emptied nightly. e. ensure that all components of the outdoor dining area are removed at the end of each season. f. ensure that when the outdoor dining area is removed for the season, the street, sidewalk, and municipal property are restored to the original condition, to the satisfaction of the Municipality. 11) Variation to Outdoor Dining Area The Administrator may: a. vary the dimensional outdoor dining area requirements by up to 10 percent to allow flexibility to accommodate physical anomalies of a site, so long as the intent of the particular requirement is not compromised. b. under special circumstances, vary outdoor dining area requirements with the approval of Council and the provincial department responsible for transportation. c. with written permission from an abutting property owner, allow an outdoor dining area to extend within the public road right of way in front of an abutting property, to a maximum of half of the abutting property’s front property line, provided no driveway access is blocked. 12) Penalty a. Any person who violates any provision of this by-law, at the discretion of the Administrator, may have their Licence suspended or revoked until the violations are corrected. For repeated violations or flagrant violations, the Licence could be revoked entirely such that the outdoor dining area would have to be removed. Municipality of Chester Outdoor Dining By-Law 6 SCHEDULE A OVERHEAD CLEARANCE AND CANE DETECTABLE BARRIER ILLUSTRATIONS* *The below illustrations are to be used as visual aids only and may be amended from time to time. Municipality of Chester Outdoor Dining By-Law 7 SCHEDULE B PROTRUDING OBJECTS ILLUSTRATIONS* *The below illustrations are to be used as visual aids only and may be amended from time to time.