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HomeMy WebLinkAboutOrdinance 6332 �F "LE \\'I • RKA t: 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Ordinance: 6332 File Number: 2020-0589 AMEND § 178.02 SIDEWALK CAFES: AN ORDINANCE TO AMEND§ 178.02 SIDEWALK CAFES TO REMOVE CERTAIN PERMITTING REQUIREMENTS DURING THE PERIOD OF THE COVID-19 PANDEMIC, TO TEMPORARILY AUTHORIZE THE USE OF PAID PUBLIC PARKING SPACES AS SIDEWALK CAFES BY ADJACENT BUSINESSES UPON PAYMENT OF THE APPROPRIATE FEES,TO CLARIFY THE AUTHORIZED AREAS OF OPERATION OF BUSINESSES IN AN ENTERTAINMENT DISTRICT,AND TO DECLARE AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville,Arkansas hereby amends § 178.02- Sidewalk Cafes of the Fayetteville Unified Development Code by enacting a new subsection(D)as follows: "(D) Temporary Measures During Declared COVID-19 Public Health Emergency. (I) During any period of the COVID-19 public health emergency,as declared by the Mayor,Governor,or President: (a) The City shall waive application/permit fees and permitting steps described in subsection(B)above. (b) The City shall waive that portion of subsection(C)(1)requiring a detailed site plan and written description but all sidewalk cafes shall comply with the remaining requirements of subsection(C). (c) The Mayor shall be authorized to reserve paid public parking spaces for the exclusive use by adjacent businesses as sidewalk cafes upon payment of the parking Page 1 Printed on 7/14/20 4 , Ordinance: 6332 File Number. 2020-0589 fees established in Article III- Parking Meters of Chapter 72 Parking Regulations. The Mayor shall be authorized to promulgate any rules or conditions necessary to ensure the safety of customers and staff and the equitable use of the City's public parking spaces. (2) The provisions of this subsection shall expire at the end of the declared COVID-19 public health emergency." Section 2:That the City Council of the City of Fayetteville,Arkansas hereby repeals subsection(E)of § 111.07 Outdoor Refreshment Area and enacts a new subsection(E)as follows: "(E)Sidewalk Cafes and Outdoor Spaces in Outdoor Refreshment Areas. If an owner within the Outdoor Refreshment Area is authorized to operate a sidewalk café pursuant to§178.02 of the Unified Development Code or has an outdoor space located on private property: (I) The owner may serve and allow the possession and consumption of alcoholic beverages in open containers during the hours of operation and in the areas authorized by the sidewalk café permit or in the outdoor space during the owner's posted hours of operation. (2) Glass containers,aluminum cans,and other types of drinkware shall be allowed in sidewalk cafes and outdoor spaces but shall not be removed from those areas. (3) No fencing or other enclosure of a permitted sidewalk café or outdoor space located within a designated outdoor refreshment area shall be required. (4) Outdoor spaces include,but are not limited to,parking areas,fields, lawns, patios,and gardens as long as they are located on private property and the owner is authorized to utilize those spaces." Section 3:That the City Council of the City of Fayetteville,Arkansas hereby determines that this ordinance should become effective without delay because it will provide opportunities for Fayetteville dining establishments,residents,and visitors to comply with the directives issued by the Arkansas Department of Health regarding limited occupancy and social distancing,which are necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore,the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on 7/14/2020 Page 2 Printed on 7/14/20 Ordinance: 6332 File Number. 2020-0589 Approve Attest: f�.� CLERK/ i,/ 4.------- 1, % egzt r�� �/' `= 0AN/e" .0 , Fq y4- ,c (ldJord , ayor Kara Paxton, City Clerk Treasurer ' ; �Fl, ;� %y2•c••��SAS ..•• ```�: Page 3 Printed on 7/14/20 +OF AYETTF City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 �V 1� I (479)575-8323 Text File ,RK°"SPS File Number: 2020-0589 Agenda Date: 7/14/2020 Version: 1 Status: Passed In Control: City Council Special Meeting File Type: Ordinance Agenda Number:A 1 AMEND§ 178.02 SIDEWALK CAFES: AN ORDINANCE TO AMEND § 178.02 SIDEWALK CAFES TO REMOVE CERTAIN PERMITTING REQUIREMENTS DURING THE PERIOD OF THE COVID-19 PANDEMIC, TO TEMPORARILY AUTHORIZE THE USE OF PAID PUBLIC PARKING SPACES AS SIDEWALK CAFES BY ADJACENT BUSINESSES UPON PAYMENT OF THE APPROPRIATE FEES,TO CLARIFY THE AUTHORIZED AREAS OF OPERATION OF BUSINESSES IN AN ENTERTAINMENT DISTRICT,AND TO DECLARE AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville,Arkansas hereby amends § 178.02-Sidewalk Cafes of the Fayetteville Unified Development Code by enacting a new subsection(D)as follows: "(D) Temporary Measures During Declared COVID-19 Public Health Emergency. (I) During any period of the COVID-19 public health emergency,as declared by the Mayor, Governor,or President: (a) The City shall waive application/permit fees and permitting steps described in subsection (B)above. (b) The City shall waive that portion of subsection(C)(1)requiring a detailed site plan and written description but all sidewalk cafes shall comply with the remaining requirements of subsection(C). (c) The Mayor shall be authorized to reserve paid public parking spaces for the exclusive use by adjacent businesses as sidewalk cafes upon payment of the parking fees established in Article III -Parking Meters of Chapter 72 Parking Regulations.The Mayor shall be authorized to promulgate any rules or conditions necessary to ensure the safety of customers and staff and the equitable use of the City's public parking spaces. (2) The provisions of this subsection shall expire at the end of the declared COVID-19 public health emergency." Section 2:That the City Council of the City of Fayetteville,Arkansas hereby repeals subsection(E)of§ 111.07 Outdoor Refreshment Area and enacts a new subsection(E)as follows: "(E)Sidewalk Cafes and Outdoor Spaces in Outdoor Refreshment Areas. If an owner within the Outdoor City of Fayetteville,Arkansas Page 1 Printed on 7/14/2020 File Number 2020-0589 Refreshment Area is authorized to operate a sidewalk café pursuant to§178.02 of the Unified Development Code or has an outdoor space located on private property: (1) The owner may serve and allow the possession and consumption of alcoholic beverages in open containers during the hours of operation and in the areas authorized by the sidewalk café permit or in the outdoor space during the owner's posted hours of operation. (2) Glass containers,aluminum cans,and other types of drinkware shall be allowed in sidewalk cafes and outdoor spaces but shall not be removed from those areas. (3) No fencing or other enclosure of a permitted sidewalk café or outdoor space located within a designated outdoor refreshment area shall be required. (4) Outdoor spaces include,but are not limited to,parking areas, fields,lawns,patios,and gardens as long as they are located on private property and the owner is authorized to utilize those spaces." Section 3:That the City Council of the City of Fayetteville,Arkansas hereby determines that this ordinance should become effective without delay because it will provide opportunities for Fayetteville dining establishments,residents,and visitors to comply with the directives issued by the Arkansas Department of Health regarding limited occupancy and social distancing,which are necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore,the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. City of Fayetteville,Arkansas Page 2 Printed on 7/14/2020 City of Fayetteville Staff Review Form 2020-0589 Legistar File ID 7/14/2020 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Mary McGetrick 7/13/2020 DEVELOPMENT SERVICES(620) Submitted By Submitted Date Division/Department Action Recommendation: Approval of an emergency ordinance which streamlines the sidewalk café process and parklet development process for use by restaurants, bars, performance venues, and other businesses. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution# Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF IPFAYETTEVILLE CITY COUNCIL MEMO ARKANSAS MEETING OF JULY 14, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Mary McGetrick, Long Range Planner Devin Howland, Director of Economic Vitality DATE: July 9, 2020 SUBJECT: Emergency use of ROW and Metered Parking Spaces by Restaurants, Bars, and Other Businesses who hold alcohol permits RECOMMENDATION: Staff is recommending approval of an emergency ordinance which streamlines the sidewalk café process and parklet development process for use by restaurants, bars, performance venues, and other businesses. BACKGROUND: While the use of sidewalk space and parking spaces are currently allowed through the sidewalk café permit process and tactical urbanism process, this ordinance expedites the process for businesses wishing to utilize one or both in hopes of providing safer options for expanded social distancing during the pandemic. DISCUSSION: This ordinance waives the fees and permitting steps associated with obtaining sidewalk café permits (such as the application process, notification requirements, application fees, and posting of a surety bond), but retains the provisions which ensures their safe use and that ADA access is maintained. This adjustment would enable various businesses such as a restaurant, to explore on their own if sidewalk seating is something their business could benefit from during the pandemic. This amendment would interface well with the Outdoor Refreshment Ordinance and allow businesses the opportunity to be creative and try new things quickly without remitting fees or permit review. Sidewalk cafes could be utilized by restaurants, bars, performance venues and other businesses looking to expand outdoor seating. This ordinance also encourages expanded use of parklets within City-owned right-of-way by developing a set of guidelines, that if followed, enable development and use without an initial development services review. This approach replaces regulatory provisions by providing technical assistance to businesses. Parklets could be developed by any business looking to expand their services to a safe outdoor environment. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Section two amends the sidewalk café provisions of the entertainment district ordinance in anticipation of the Outdoor Refreshment Area's being utilized in other places throughout the City. Currently, staff has been able to permit the outdoor services areas and sidewalk café permits without any issue due to the abundance of right-of-way and sidewalks in Downtown. Other areas throughout the City that will likely be utilized for expanded outdoor service will not be adjacent to public streets or sidewalks. However, their parking lots, lawns, and patios may not be within their Alcoholic Beverage Control Division permit area. Once other ORAs have been established, customers would still be able to take alcoholic refreshments outside, even without the business going through the ABC Outdoor Service Area process. This alteration would also be applicable to bars as well, whereas the ABC Outdoor Service Area process is limited to restaurants. BUDGET/STAFF IMPACT: N/A Attachments: Ordinance Parklet Design Guidelines 2 PARKLET DESIGN The parklet design and location shall conform to the following design guidelines, as well as any additional standards made at the discretion of the Development Services Department. Each parklet shall be limited to utilizing no more than three (3) parking spaces directly adjacent to the applicable business and located at least one parking stall from a corner and other parklets. 2. CORNER LOCATIONS The proposed parklet site shall be located at least one parking spot from a corner or protected by a bollard, sidewalk bulb-out, or other similar feature, if located at the corner. Parklets are permitted where the posted speed limit is 30 mph or less. Streets with higher speed limits may be considered on a case-by-case basis. Parklets must be situated on streets with a running slope (grade) of five percent or less or provide a level surface to meet this grade. 5. BUFFERS & SAFETY ELEMENTS Parklets shall be required to have a buffer to protect users from street traffic. Buffers can be either reflective tape, planters, durable seating,temporary railing/edging, or other visible, protective edging as approved by staff in the application process. Parklets shall be required to have soft hit posts and wheel stops. Parklets must be situated a minimum of 2 feet from the nearest edge of traveled way. Planters used as edging features are required to be large and durable. Parklets shall not be allowed in front of a fire hydrant, or over a manhole, public utility valve, or cover. Curb and roadside drainage shall not be impeded by the parklet. If decking is being constructed,the decking should allow for easy access underneath and curbside drainage shall not be impeded.A gap of 6" should be maintained between the body of the deck and the asphalt to facilitate the movement of water. 7. ADA REQUIREMENTS All elements of Parklets shall be constructed and/or installed to conform to the applicable provisions, rules, regulations, and guidelines of the Americans with Disabilities Act(ADA).Tables 8 Parklets are temporary in nature and must be designed for easy removal. All removable furniture must be locked or stowed each night. 9. PARKLET DECKING Parklet decking must be flush with the curb and may not have more than 1/2"gap from the curb. If decking is installed, a minimum 36" ADA accessible entryway to the parklet must be maintained. Platforms shall not exceed a 2%cross slope. Deck installation shall not damage the sidewalk,street, curb, or any aspect of the public right-of-way. Due to the temporary nature of the parklet, any proposed decking shall not be allowed to be bolted into the asphalt and must must include semi-permanent materials installed in a way that does not require reconfiguring the roadway or pouring concrete. All proposed edging shall be visually permeable. Due to the temporary nature of the parklets, all edging or railing shall not be bolted to the asphalt. The temporary railing shall be durable enough to stand on its own and should have a sturdy base. 11. VISUAL DESIGN Parklet designs must maintain a visual connection to the street and not obstruct sight lines to existing businesses or roadway signage. While not visible from the sidewalk, the parklet's back is highly visible from across the street. Large blank walls, therefore, are discouraged. 12 MATERIALS Materials should be high quality, durable,waterproof, and capable of withstanding heavy use and exposure to the elements. Loose particles such as sand or loose stone are not permitted within the parklet area. All furniture must be designed for outdoor use.The following images outline allowed material and furniture types. Sofas as parklet furniture is prohibited. All materials and seating or table constructions and configurations are subject to inspection and may require a permit at the discretion of Development Services Department staff. Allowed materials: metals, sturdy plastic chairs,wood,sturdy recycled materials * . -_. ..._..,..::_^''' 171.:,.:.. ,.,.",,,.., , li r , a x r' Ora r' t � jai ,r ` �x x Iit: r a� awxxC,,• PLACEMENT GUIDELINES BUILDINGS Speed 30 SIDEWALK miettatogstr PARKLET F` r 1. Located at least one parking stall from a corner(If located at corner, parklet must be protected by a bollard, sidewalk bulb-out, or other similar feature). 2. In an area with a posted speed limit of 30mph or slower. 3. Minimum of 2 feet from the nearest edge of traveled way. 4. Street has a grade of no greater than 5%.Tables postioned at a grade of no greater than 2%. 5. Buffer to protect users from street traffic. DESIGN, cont. lj k q x PARKLET SIDEWALK 6. If decking is installed, decking must be flush with the curb and may not have more than 'h" gap from the curb. If this is impossible, the parklet must be ADA accessible. A minimum 36"ADA accessible entryway to the parklet must be maintained for all parklets. 7. The platform should allow for easy access underneath the platform and curbside drainage may not be impeded. A gap of 6" should be maintained between the body of the deck and the asphalt to facilitate the movement of water. 8. All edging shall be visually permeable. 9. The temporary railing shall be durable enough to stand on its own and should have a sturdy base. Parklet Regualtions Business owners are responsible for the following. Additional requirements and further details may be requested at the discretion of the Development Services Department. • Keep parklet well maintained and in good repair with daily cleaning. • Keep parklet free of debris,grime, and graffiti. • Water and maintain all parklet vegetation. • Provide pest control as needed. • Amplified music is prohibited in the parklet. ORDINANCE NO. AN ORDINANCE TO AMEND § 178.02 SIDEWALK CAFES TO REMOVE CERTAIN PERMITTING REQUIREMENTS DURING THE PERIOD OF THE COVID-19 PANDEMIC, TO TEMPORARILY AUTHORIZE THE USE OF PAID PUBLIC PARKING SPACES AS SIDEWALK CAFES BY ADJACENT BUSINESSES UPON PAYMENT OF THE APPROPRIATE FEES, TO CLARIFY THE AUTHORIZED AREAS OF OPERATION OF BUSINESSES IN AN ENTERTAINMENT DISTRICT, AND TO DECLARE AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends§ 178.02— Sidewalk Cafes of the Fayetteville Unified Development Code by enacting a new subsection (D) as follows: "(D) Temporary Measures During Declared COVID-19 Public Health Emergency. (1) During any period of the COVID-l 9 public health emergency, as declared by the Mayor, Governor, or President: (a) The City shall waive application/permit fees and permitting steps described in subsection (B) above; and (b) The City shall waive that portion of subsection (C)(1) requiring a detailed site plan and written description but all sidewalk cafes shall comply with the remaining requirements of subsection (C) (c) The Mayor shall be authorized to reserve paid public parking spaces for the exclusive use by adjacent businesses as sidewalk cafes upon payment of the parking fees established in Article III—Parking Meters of Chapter 72 Parking Regulations. The Mayor shall be authorized to promulgate any rules or conditions necessary to ensure the safety of customers and staff and the equitable use of the City's public parking spaces. (2) The provisions of this subsection shall expire at the end of the declared COVID-I9 public health emergency. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (E)of§ 111.07 Outdoor Refreshment Area and enacts a new subsection (E)as follows: "(E)Sidewalk Cafes and Outdoor Spaces in Outdoor Refreshment Areas. If an owner within the Outdoor Refreshment Area is authorized to operate a sidewalk café pursuant to §178.02 of the Unified Development Code or has an outdoor space located on private property: (1) The owner may serve and allow the possession and consumption of alcoholic beverages in open containers during the hours of operation and in the areas authorized by the sidewalk café permit or in the outdoor space during the owner's posted hours of operation; (2) Glass containers, aluminum cans, and other types of drinkware shall be allowed in sidewalk cafes and outdoor spaces but shall not be removed from those areas; and (3) No fencing or other enclosure of a permitted sidewalk café or outdoor space located within a designated outdoor refreshment area shall be required. (4) Outdoor spaces include, but are not limited to, parking areas, fields, lawns, patios, and gardens as long as they are located on private property and the owner is authorized to utilize those spaces. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because it will provide opportunities for Fayetteville dining establishments, residents, and visitors to comply with the directives issued by the Arkansas Department of Health regarding limited occupancy and social distancing, which are necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore,the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED this 21st day of July,2020. APPROV ATTEST: `‘k‘c,vER,K/%,,,,��, ID By. • FgYE1 • rn= L 0 P D JO ' !AN, ' .. .r RAj PAXTON, ity Clerl reasuier: EVILLE • �'9sy9�ANSPS • `4 NORRm/TST ARKA SAS Democrat Voautte PC. 30\ 1[O7 PA.YST-EVILLE..AP.. 727C2.477+-?42',-VOC, • FAX s;'J.69=•Clc • 10iY/Ni;;.Oo.�^v, AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of. Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6332 Was inserted in the Regular Edition on: July 19, 2020 Publication Charges: $266.00 Brittany Smith Subscribed and sworn to before me This fkiay o 2020. Notary Public My Commission 3I1b/z9,5- ` `o1�HNtrltrrt°°°°0 - oPA c 20 •��ARY 'tspy S ANSAS o c AAA ••�.•(..•jY,il. **NOTE** Please do not pay from Affidavit Invoice will be sent. Ordinance: 6332 File Number: 2020-0589 AMEND § 178.02 SIDEWALK CAFES: AN ORDINANCE TO AMEND § 178.02 SIDEWALK CAFES TO REMOVE CERTAIN PERMITTING REQUIREMENTS DURING THE PERIOD OF THE COVID-19 PANDEMIC, TO TEMPORARILY AUTHORIZE THE USE OF PAID PUBLIC PARKING SPACES AS SIDEWALK CAFES BY ADJACENT BUSINESSES UPON PAYMENT OF THE APPROPRIATE FEES, TO CLARIFY THE AUTHORIZED AREAS OF OPERATION OF BUSINESSES IN AN ENTERTAINMENT DISTRICT, AND TO DECLARE AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.02 - Sidewalk Cafes of the Fayetteville Unified Development Code by enacting a new subsection (D) as follows: "(D) Temporary Measures During Declared COVID-19 Public Health Emergency. (1) During any period of the COVID-19 public health emergency, as declared by the Mayor, Governor, or President: (a) The City shall waive application/permit fees and permitting steps described in subsection (B) above. (b) The City shall waive that portion of subsection (C)(1) requiring a detailed site plan and written description but all sidewalk cafes shall comply with the remaining requirements of subsection (C). (c) The Mayor shall be authorized to reserve paid public parking spaces for the exclusive use by adjacent businesses as sidewalk cafes upon payment of the parking fees established in Article III - Parking Meters of Chapter 72 Parking Regulations. The Mayor shall be authorized to promulgate any rules or conditions necessary to ensure the safety of customers and staff and the equitable use of the City's public parking spaces. (2) The provisions of this subsection shall expire at the end of the declared COVID-19 public health emergency." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (E) of i § 111.07 Outdoor Refreshment Area and enacts a new subsection (E) as follows: "(E) Sidewalk Cafes and Outdoor Spaces in Outdoor Refreshment Areas. Van owner within the Outdoor Refreshment Area is authorized to operate a sidewalk cafd pursuant to § 178.02 of the Unified Development Code or has an outdoor space located on private property: (1) The owner may serve and allow the possession and consumption ofalcoholic beverages in open containers during the hours of operation and in the areas authorized by the sidewalk cafe permit or in the outdoor space during the owner's posted hours of operation. (2) Glass containers, aluminum cans, and other types of drinkware shall be allowed in sidewalk cafes and outdoor spaces but shall not be removed from those areas. (3) No fencing or other enclosure of a permitted sidewalk cafd or outdoor space located within a designated outdoor refreshment area shall be required. (4) Outdoor spaces include, but are not limited to, parking areas, fields, lawns, patios, and gardens as long as they are located on private property and the owner is authorized to utilize those spaces." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because it will provide opportunities for Fayetteville dining establishments, residents, and visitors to comply with the directives issued by the Arkansas Department of Health regarding limited occupancy and social distancing, which are necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on 7/142020 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75295901 JUly 19,2020