Report Template

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

15 December 2005 / 15 décembre 2005

Submitted by/Soumis par : Ned Lathrop, Deputy City Manager/

Directeur municipal adjoint,

Planning and Growth Management/Urbanisme et Gestion de la croissance

Contact Person/Personne ressource : Richard Kilstrom, Manager,

Community Planning and Design Division

Planning, Environment and Infrastructure Policy/Politiques d’urbanisme,

d’environnement et d’infrastructure

(613) 580-2424 x22653, Richard.Kilstrom@ottawa.ca

City-wide

Ref N°: ACS2006-PGM-POL-0001

SUBJECT:	dESIGN GUIDELINES - outdoor patios

OBJET :	lIGNES DIRECTRICES DE CONCEPTION - TERRASSES EXTÉRIEURES

REPORT RECOMMENDATIONS

That Planning and Environment Committee recommend to Council:

1. That the Outdoor Patio Design Guidelines attached as Document 1, for the use of applicants and City staff in the preparation and review of Temporary Encroachment Permit, Zoning Amendment and Site Plan Control applications, be APPROVED.

2. That minor revisions and additions to the Outdoor Patio Design Guidelines may be made by staff in order to maintain the validity of the document without further review by Planning and Environment Committee or approval by City Council.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil :

1. d'approuver les lignes directrices sur la conception des terrasses extérieures jointes au document 1, à l'usage des demandeurs et du personnel de la Ville pour l'établissement et l'examen des demandes de permis d'empiétement temporaire, de modification de zonage et de réglementation de plans d'implantation.

2. d'autoriser le personnel à effectuer de légères révisions et modifications aux lignes directrices sur les terrasses extérieures afin de maintenir la validité du document sans que le Comité de l'urbanisme et de l'environnement n'ait à les examiner ni que le Conseil municipal n'ait à les approuver.

EXECUTIVE SUMMARY

Assumptions and Analysis:

· These guidelines are based on the former City of Ottawa “Design Guidelines for Outdoor Patio Restaurants – 1991”. They have been expanded and updated to address new issues related to this use and improve the graphic presentation of the material.

· The use of outdoor patios for smoking areas related to bars and restaurants, and their increased numbers in the suburban and rural areas of the City, have resulted in more new patios, which need guidance with respect to their design and placement.

· The guidelines are organized from the general design principles that govern good patio design, to the typical locations of patios, and lastly to the details that distinguish a well-designed patio. These typical situations apply across the city from the downtown core to the rural area.

· The guidelines will be posted on the City website and will be available in print from the Client Service Centres across the city.

· It is recommended that minor changes may be made to this document by staff in order to maintain its validity and currency over time.

Financial Implications:

N/A

Public Consultation/Input:

The draft guideline document was circulated internally and posted on the City website for access by all external stakeholders. Comments were received from the affected external agencies, Community Associations, Business Improvement Associations and restaurateurs.

RÉSUMÉ

Hypothèses et analyse:

· Ces lignes directrices sont fondées sur les lignes directrices de 1991 de l'ancienne Ville d'Ottawa concernant les restaurants dotés d'une terrasse extérieure. Elles ont été augmentées et mises à jour pour tenir compte de nouveaux éléments liés à cette utilisation et pour améliorer la présentation graphique du document.

· L'utilisation par les propriétaires de bars et des restaurants des terrasses extérieures comme zones où l'usage du tabac est permis ainsi que l'augmentation du nombre de terrasses extérieures dans les banlieues et les secteurs ruraux de la ville ont rendu nécessaire l'adoption de directives en ce qui concerne leur conception et leur emplacement.

· Les lignes directrices énoncent d'abord des principes de conception généraux, après quoi elles précisent l'emplacement typique des terrasses et se terminent par les éléments qui distinguent une terrasse bien conçue. Ces situations typiques valent pour l'ensemble de la ville, depuis le centre jusqu'au secteur rural.

· Les lignes directrices seront affichées sur le site Web de la Ville et l'on pourra en obtenir la version papier dans les différents centres du service à la clientèle.

· Il est recommandé que le personnel puisse apporter de légères révisions au document afin d'en maintenir la validité et la pertinence au fil des ans.

Répercussions financières:

Sans objet.

Consultation publique / commentaires

La version préliminaire des lignes directrices a été distribuée à l'interne et affichée sur le site Web de la Ville à l'intention des intervenants de l'extérieur. La Ville a reçu des observations de la part d'organismes, d'associations communautaires, d'associations d'amélioration commerciale et de restaurateurs.

BACKGROUND

In 1991 the former City of Ottawa approved a set of design guidelines to address impacts of light and noise from outdoor patios on adjacent residential neighbourhoods as well as related streetscape and architectural compatibility issues. Provisions were also added to the Zoning By‑law as a companion to these guidelines that set standards for separation distance of patios from properties zoned as residential. West Carleton and Kanata were the only other municipalities in the former Region of Ottawa-Carleton, which identified outdoor patios as a distinct use with related zoning regulations. These guidelines and related zoning regulations remain in effect to the present day following amalgamation.

Besides the concentration of patios and the related restaurants in the inner-city area, there are also many located in the suburban area of the City, which have unique characteristics of concern with respect to the public realm of street and open spaces as well as publicly accessible private spaces, such as parking lots associated with commercial plazas and shopping centres. In the rural area, patios are found to a lesser extent along rural routes and in village centres.

The introduction of a Public Places By-law that prohibits smoking in enclosed public spaces has caused the movement of smokers to outdoor spaces, such as outdoor patios. Patios have been modified to accommodate the demand of the smoking public along with the need for weather protection and the desire of restaurateurs to extend the patio season.

The attached outdoor patio design guidelines are expanded to address these new issues as well as to update and improve the presentation of the time-proven guidelines with many more illustrations and photographs.

DISCUSSION

Recommendation 1

The Outdoor Patio Design Guidelines are organized from the general design principles that govern good patio design, to the typical locations of patios, and lastly to the specific details that distinguish a well-designed patio. These typical situations apply across the city from the downtown core to the rural area. The preponderance of inner-city examples is a function of the much greater concentration of patio restaurants found in that area. The same principles apply equally to the mainstreet of a rural village as to one in the inner city.

The general design principles are universal to outdoor patios. They introduce the key objectives that apply across the range of locations and situations that may be encountered throughout the city. There are other City by-laws and provincial statutes that apply to the design and use of outdoor patios. These regulations are identified throughout the document with reference to the governing legislation.

Land use relationships are key to the issues of light and noise impacts that emanate from outdoor patios. Separation distances are utilized to mitigate these impacts on sensitive uses, such as residential neighbourhoods. In mixed-use areas, design measures are proposed to physically screen and buffer sensitive uses in proximity. In particular, the height of a patio can increase the potential for the projection of impacts over larger areas.

The typical locations of outdoor patios are outlined to demonstrate the related contextual issues for the public realm. Patios located along the front of buildings facing the street should allow for adequate width of unobstructed public sidewalk for safe and comfortable pedestrian movement. Freestanding kiosk-type patios are completely self-contained and need to provide clearance around their entire perimeter. Within a pedestrian mall the location of patios should allow for access for delivery and emergency vehicles as well as the free movement of pedestrians. A limited number of locations for rooftop patios may exist which do not impact negatively on adjacent neighbourhoods. Patios can also be found in and adjacent to the auto-oriented environment of parking lots and arterial traffic routes. In these situations special attention needs to be given to access for pedestrians and a robust landscape treatment to create an oasis for a comfortable dining environment.

The design details of outdoor patio restaurants are important to create a sense of compatibility with their surroundings. The typical configurations and features of patios are reviewed in this section. Suggestions for the layout of patios are provided to demonstrate the most aesthetically pleasing and functionally efficient arrangements. The details of patios including fences, awnings, enclosures, lighting, plant materials, signage, paving and service facilities are addressed individually and in combination to illustrate how they fit together to create a better patio.

These guidelines will be posted on the City's website for access by those constructing an outdoor patio as well as for the general public. A print copy will also be available at all the City Client Service Centres.

Recommendation 2

It is anticipated that over time the legislation and related City by-laws that govern outdoor patios may change. In those instances it will be necessary to revise the guidelines to maintain their relevance. Also, better examples and graphic representations may become available to add to the guidelines. It is recommended that in these limited instances staff may revise and supplement the guidelines without bringing them to Planning and Environment Committee or City Council for further approval.

CONSULTATION

The draft guideline document was circulated internally and posted on the City website for access by all external stakeholders. Comments were received from the affected City Departments, external agencies, Community Associations, Business Improvement Associations and restaurateurs. These comments have been addressed in the guidelines.

FINANCIAL IMPLICATIONS

N/A

SUPPORTING DOCUMENTATION

Document 1 Consultation Details

Document 2 Outdoor Patio Design Guidelines (previously distributed to all members of Council and held on file with the City Clerk).

DISPOSITION

The Department of Planning and Growth Management will print and distribute the guideline document to all affected City Departments, City Customer Service Centres, and will place it on the City website for general access.

Document 1

CONSULTATION DETAILS

Notification and Consultation Process:

A circulation with the draft guideline (Document 1) was sent to targeted stakeholders and placed on the City’s website. The notified stakeholders included the local chapter of the Ontario Restaurant, Hotel and Motel Association, Business Improvement Associations, Chambers of Commerce, Community Associations, government agencies, City advisory committees and all members of City Council. The following is a summary of the major comments received in response to the notification:

Public Comments

The Gloucester Chamber of Commerce indicated some concern with what they view as an urban bias to the guidelines. They feel that the mixture of rural and village business needs to be looked at more closely.

Response – In response staff surveyed and visited a number of rural locations to photograph some of the examples of patios that exist there. These examples have been inserted throughout the document in order to adequately represent patios in the rural environment. While these examples do not necessarily exhibit unique characteristics, they do tend to be more removed from the public street environment and they are also likely to be associated with heritage buildings. Therefore, issues related to these characteristics will need to be considered when reviewing a patio in the rural area.

The Pub and Bar Coalition expressed some concern with the guidelines due to the review of the Provincial Standing Committee on Finance and Economic Affairs of the draft Bill 164 “Smoke Free Ontario Act”. During its hearings on this matter the Canadian Restaurant and Food Association recommended designated smoking rooms as an alternative to a comprehensive ban on smoking in public places.

Response – The guidelines are neutral on this issue and will not influence whether smoking is allowed or not. Currently in Ottawa, smoking is allowed on outdoor patios. While enclosures must include a minimum of 25% wall area, which is open for ventilation, this would be the case regardless of whether smoking is permitted. Bill 164 “Smoke-Free Ontario Act” passed Provincial Cabinet on June 8, 2005 without provision for designated smoking rooms. This legislation is essentially consistent with the Public Places By-law of the City of Ottawa.

The National Capital Commission provided several comments on the guideline document, the most significant of which is concerning the proposed separation distance to a parkland or open space zone. They point out that patios can add animation and vitality to the open spaces of the City, such as along the Rideau Canal and marinas along the Ottawa River, without impacting negatively on them.

Response – After some investigation of the effect of removing this guideline we find that we agree with their assertion. There are sufficient examples to indicate that outdoor patios enhance parks and open spaces where they are sensitively located and designed. Adequate safeguards currently exist to ensure that patios will be adequately considered in the review of development proposals with the assistance of the remaining guidelines. Therefore, we have removed this guideline from the draft document. The Zoning Studies Unit of the Department has also been advised of this so that they will consider it in drafting general provisions for outdoor patios in the new comprehensive zoning by-law for the City.

The Accessibility Advisory Committee provided comments in order to update and generally improve the direction with respect to accessibility for disabled persons. The Committee provided alternative wording for the guideline in some cases.

Response – The alternative wording provided by the Committee has been used to address accessibility in a more effective way in the guideline.

The Forest and Greenspace Advisory Committee commented that they had concern that some statements in the guidelines might encourage the removal of trees on streets and other public spaces.

Response – All such references have been removed or modified.

Community Associations and Business Improvement Associations made some phone enquiries although no comments were received from them.