Title
Consider/Discuss/Act on an Amendment to Chapter 14 and Chapter 122 of the Code of Ordinances of the City of McKinney Relating to Sidewalk Use Permits; and Accompanying Ordinance
Summary
MEETING DATE: March 4, 2014
DEPARTMENT: Development Services - Planning Department
City Attorney
CONTACT: Guy Giersch, Historic Preservation Officer
Jennifer Arnold, Planning Manager
Michael Quint, Director of Planning
RECOMMENDED CITY COUNCIL ACTION:
• Staff is recommending approval of the ordinance.
ITEM SUMMARY:
• Staff is proposing amendments to the Code of Ordinances to include a larger permit area and to allow food service establishments located in the downtown area to request and obtain a Sidewalk Use Permit with the City.
• The existing sidewalk use permit zone is generally bounded by Herndon Street and Cloyd Street on the North and South and by Church Street and Throckmorton Street on the West and East. With the recent adoption of the McKinney Town Center Development Code (MTC Code), Staff recommends to expand the current permit zone to include the entire MTC Code boundary. A map of the proposed expansion is attached to this agenda item for reference.
• In order to allow food service establishments the opportunity to provide outdoor seating, Staff also recommends establishing two distinct categories of Sidewalk Use Permits - one for restaurants, breweries and wineries serving alcohol outside on the public sidewalk (Type A Permit) and one for food service establishments that do not serve alcohol outside on the public sidewalk (Type B Permit).
• Issuance of a Type A Sidewalk Use Permit (for restaurants, breweries and wineries) would generally follow the existing procedures already in place for restaurants and wineries holding a valid TABC permit. Staff is not recommending any substantive changes to the issuance of these permits.
• Issuance of a Type B Sidewalk Use Permit (food service establishments) would follow a similar protocol to the one that is currently in place for restaurants, breweries and wineries. More specifically, Staff recommends the following for Type B Sidewalk Use Permits:
o Applicants must be the owner or lessor of a food service establishment which holds a valid food service establishment permit for which the primary function of the business is the sale and consumption of food;
o Applicants must submit a permit application to the City with the following required materials: proof of insurance, graphic layout of use area (i.e. table/chair layout), and a Letter of Suitability from the Town Center Development Coordinator approving the enclosure type;
o The seating area must be enclosed by a barrier that is reviewed and approved by the Town Center Development Coordinator. Fences reaching a height of 36 inches, or benches and other alternative barrier materials ranging between 20 to 42 inches in height shall be acceptable barrier materials. Living plant screens shall not be an acceptable barrier;
o The sidewalk use area must maintain a minimum five-foot wide free and clear pedestrian path from the face of the enclosure to the back of the curb or as otherwise determined by the Town Center Development Coordinator on a case-by-case basis;
o Signage must be posted indicating that alcoholic beverages are not allowed within the enclosure area;
o An employee must monitor the sidewalk use area; and
o The City reserves the right to revoke a permit at any time.
• On February 17, 2014, Staff attended a special meeting of McKinney Main Street to discuss the potential amendments to the sidewalk use permits. At the meeting Staff filtered questions and received feedback. Overall, downtown merchants in attendance at the meeting were generally supportive of the proposed amendments.
• For food service establishments who currently have tables and chairs located on the sidewalk, Staff recommends a 60-day compliance period for those establishments to submit an application for a sidewalk lease agreement. Staff has already reached out to these establishments to inform them of the anticipated Ordinance amendment. Of course, Staff will continue to work closely with these businesses as well as McKinney Main Street to ensure a smooth transition for the use of the public sidewalk for outdoor seating.
BACKGROUND INFORMATION:
• Under the current ordinance (Chapter 14-21(4) of the Code of Ordinances), restaurants and wineries holding a valid TABC permit in the downtown area are able to receive a Sidewalk Use Permit in order to lease space on the City’s sidewalks and construct fenced, outdoor seating where customers can be served and consume alcohol.
• Since inclusion of this provision in the Code of Ordinances, approximately 10 downtown restaurants and wineries have been permitted to allow outdoor seating areas and the consumption of alcohol.
• In recent months, Staff has been contacted by some downtown food service establishments that do not serve alcohol inquiring about leasing sidewalk space in order to enclose outdoor space and establish outdoor seating for their business.
• With this current interest, and with the continued success of the downtown area in mind, Staff recommends the expansion of the current program to include a larger permit area and to allow the issuance of Sidewalk Use Permits for food service establishments that do not serve alcoholic beverages.
FINANCIAL SUMMARY:
• Issuance of a Sidewalk Use Permit requires a payment of $10 per year as rent for the sidewalk leasable area, payable at the time of execution of an Agreement.
• Establishments receiving a Sidewalk Use Permit are responsible for paying all water, electrical, security and other costs associated with use of the sidewalk lease space.
BOARD OR COMMISSION RECOMMENDATION:
• N/A