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TA2002-11001 TA2002-11001 Text Amendment Sidewalk Cafe Ordinance I. . . ~I ORDINANCE NO. 7063-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SIDEWALK CAFES AND TO FEES FOR SIDEWALK CAFES AND COMPREHENSIVE SIGN PROGRAM MINOR AMENDMENT; REPEALING SECTION 3-201 C IN ITS ENTIRETY AND REENACTING A NEW SECTION 3-201 C. SIDEWALK CAFES; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION BY ADDING A DEFINITION FOR SIDEWALK CAFE; AMENDING APPENDIX A, LAND DEVELOPMENT CODE TO SET FORTH NEW FEES FOR SIDEWALK CAFE REVIEW, SIDEWALK CAFE PERMIT AND A MINOR AMENDMENT TO COMPREHENSIVE SIGN PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, there exists the need for sidewalk eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption; and WHEREAS, because of the high intensity of development in the Downtown "0" and Tourist 'T' zoning districts, the lack of adequate vacant land, and the need to encourage the . redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way; and WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment; and . WHEREAS, there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas; and WHEREAS, the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents ofthe City of Clearwater; and WHEREAS, the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-201 C. Outdoor Cafes., Community Development Code, is hereby repealed in its entirety and reenacted as follows: 3-201 C. Sidewalk cafes. Ordinance No. 7063 -03 . . . 1. Pumose and Applicabilitv. It is the intent of the City to allow sidewalk cafes so as to enhance the pedestrian. urban and beach character of the City by providina an additional amenity for the public to enioy. Sidewalk cafes are permitted in the Commercial District. the Tourist District on property located on Clearwater Beach only or in the Downtown district provided all reauirements of this section are met. Sidewalk cafes on public riaht-of-way shall only be allowed in the Tourist and Downtown Districts. A sidewalk cafe may be established as an accessory use to a restaurant. niahtclub or other appropriate business as determined by the Community Development Coordinator. This section applies to a sidewalk cafe located solely on private property or a cafe located partially or totally within the public riaht-of-way. 2. Application Reauirements and Review Process. a. Review process. If a sidewalk cafe is to be added to an existina business. then the sidewalk cafe shall be reviewed as an accessory use/Minimum Standard Development. If the cafe is proposed as accessory to a new business. then the sidewalk cafe shall be reviewed alona with the proposed use as either Level One-Flexible Standard or Level Two-Flexible Use as determined in the applicable zonina district. b. Submittal reauirements. (1) The applicant is reauired to hold a pre-application meetina with the Community Development Coordinator to discuss the proposed sidewalk cafe and application reauirements. (2) A completed application for a sidewalk cafe permit shall be submitted to the Community Development Coordinator. The application shall include. but not be limited to. the followina information: (a) Name, address. telephone number. facsimile and e- mail address of the applicant (business owner or desianee) and the property owner; (b) Name. address and leaal description of the property on which the sidewalk cafe is proposed to be located: (c) For existina businesses. a COpy of a valid City of Clearwater occupational license to operate the business establishment that is the subiect of the application: (d) Written approval to reauest the application from the owner of the property in which the permitted business established is located; (e) A site plan (drawn to scale of minimum 1 :50) showina the layout and dimensions of the sidewalk: sidewalk cafe area and adiacent private property and buildina showina entrances and exits: proposed location, size and number 2 Ordinance No. 7063-03 . . of tables, chairs, steps, umbrellas. awninqs. canopies, location of doorways, trees. parkinq meters, bus shelters, sidewalk benches. trash receptacles. railinQs. decorative chains and any other fixture. structure or obstruction either existinq or proposed within the sidewalk cafe; (f) Photoqraphs, drawinqs or manufacturers' brochures fully describinq the appearance. color, and materials of all proposed tables. chairs: umbrellas, awninqs, canopies or other fixtures related to the sidewalk cafe; (q) COpy of written approval from any aQency other than the City of Clearwater havinq iurisdiction over the riqht of way: and (h) For sidewalk cafes on public riqht-of-way. a COpy of current certificate of insurance in the amounts and cateqories required by this article. c. General reauirements for all sidewalk cafes. (1) Operational requirements. (a) Sidewalk cafes that wish to serve alcoholic beveraqes must have a valid license from the State of Florida to sell alcoholic beveraqes for consumption on premises in connection with a restaurant use or other appropriate business. (b) No food preparation shall be allowed on the sidewalk. There shall be no cookinq, storaqe of foods or materials. coolinQ. refriqeration or other equipment located in the sidewalk cafe area. (c) No amplified music at a sidewalk cafe in the riQht-of- way shall be allowed. Amplified music in a sidewalk cafe on private property shall be specifically requested by the applicant and shall be reviewed for its impacts on surroundinQ properties and businesses. (d) The hours of operation of a sidewalk cafe shall be coincident with the hours of operation of the principal business to which it is accessory. (e) The operator of the sidewalk cafe shalt meet all other City. county and state reQulations, laws or ordinances. (2) Location and desiqn requirements. (a) Sidewalk cafes in the riqht of way are restricted to the sidewalk frontaQe of the subiect business establishment to which a permit has been issued or such other area as approved bY the City ManaQer or his/her desiqnee. 3 Ordinance No. 7063-03 . 01 (3) Maintenance. . (b) Sidewalk cafes shall be located in a manner that promotes efficient and direct pedestrian movement. Within the public rioht-of-way. a minimum of one unobstructed pedestrian path at least four feet wide shall be maintained at all times. In areas of conQested pedestrian activity a wider pedestrian path may be required. Access to fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildinos shall not be obstructed at any time by barriers or seatino. (c) Outdoor seatinq shall not be counted when calculatinq the parkinQ requirements. (d) To ensure the convenience of users and to enhance the visual Quality of the urban environment. the sidewalk cafe shall comply with the Desion Guidelines for the district in which it is located. Specifically, tables, chairs, umbrellas. canopies. awninos and all other fixtures/decorative materials shall be of oood desion made of Quality materials and workmanship. be fire-retardant or manufactured of fire resistant material. Tables, chairs and other fixtures used in connection with the sidewalk cafe shall not be attached. chained or in any manner affixed to any tree. post. siQn or other fixture. (e) No tables or chairs will be permitted within the sioht visibility trianole of a street intersection or driveway as required in this code. Tables or chairs shall not be placed within four feet of bus stops. taxi stands. telephone booths, fire hydrants, or counter service windows or within two feet of any buildinQ entrances and/or exits. (f) The perimeter around the sidewalk cafe in the rioht of way area shall be delineated usino non-permanent fixtures such as railinos. potted plants. decorative chains, or other approved fixtures. (a) Tables. chairs. umbrellas. canopies. awninqs and any other fixtures used in connection with a sidewalk cafe shall be maintained by the sidewalk cafe operator with a clean and attractive appearance and shall be in oood repair at all times. (b) The sidewalk cafe area, the area extendinQ from the sidewalk cafe area to the street. and five feet beyond either end shall be maintained by the business owner in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. (c) The sidewalk cafe operator is responsible for repair of any damaQe to the sidewalk in the rioht of way caused 4 Ordinance No. 7063-03 . . . by the sidewalk cafe. The repair shall be made to Cltv standards and within a reasonable timeframe. d. Additional Requirements for Sidewalk Cafes on Public Riqhts-of-Way (1) A sidewalk cafe on public riqht -of-way shall apply for and receive a permit to operate within the riqht-of-way. The permit shall be issued to the permit holder and shall be transferable only with the prior written approval of the City Manaqer or his/her desiqnee. (2) By use of any permit qranted hereunder. the permit holder aqrees to indemnify. defend. save and hold harmless the Citv. its officers. aqents and employees from any and all claims. liability. lawsuits, damaqes and causes of action which may arise out of the use of the public sidewalk. The permit holder shall enter into a written aqreement with the City to evidence this indemnification. Such aqreement must have the written approval of the City Attorney prior to issuance of a permit. (3) The permit holder shall furnish, pay for. and maintain durinq the life of the permit with the City: (a) Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500.000 combined sinqle limit Bodily Iniury Liability and Property Damaqe Liability. The City is to be specifically included as an additional insured on the policy. (b) Workers' Compensation insurance applicable to its employees. if any. for statutory coveraqe limits in compliance with Florida laws, includinq Employers' Liability which meets all state and federal laws. (4) The Permit holder shall provide the City with a certificate or certificates of insurance showina the existence of coveraqes required bv this Permit. The Permit holder will maintain these coveraaes with a current certificate or certificates of insurance throuahout the term of the permit with the City. (5) When specifically requested by the City in writinq. the Permit holder will provide the City with certified copies of all polices of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested. shall be provided the City whenever any policy is renewed. revised. or obtained from other insurers. (6) All policies of insurance must be endorsed to provide the City with thirtv (30) days notice of cancellation or restriction. 5 Ordinance No. 7063-03 . . , (7) The City of Clearwater may require the temporary removal of .sidewalk cafes and all related furniture and fixtures bv the permit holder when street. sidewalk. or utilitv repairs necessitate such action or when; at the City's sole discretion, it is necessary to clear sidewalks. The permit holder shall be responsible for removino all sidewalk cafe fixtures at least two days prior to the date identified in writinq bv the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (8) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emeraencv situations. The City. its officers. aoents and emplovees shall not be responsible for any damaqes or loss of sidewalk cafe fixtures relocated durinq emeroencv situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (9) The City shall have the authoritv to secure or remove fixtures and other items associated with the sidewalk cafe if necessary in the interest of public safety. 3. Standards for Review and Decision. The Community Development Coordinator shall review an application for a sidewalk cafe to determine compliance with all requirements of this section throuoh a complete application includinq site plan. proof of insurance and all other documents required bv this code. The Community Development Coordinator may approve the application, approve the application with conditions that ensure compliance with this code and are needed to ensure compatibilitv of the sidewalk cafe with adioininq businesses, or deny the application. The timeframe and process for review of a sidewalk cafe for an existinq business shall be as prescribed in Section 4-203, Buildina Permit of this code. The timeframe and process for review of a sidewalk cafe as part of a Flexible Standard or Flexible Use shall be as prescribed in Article 4 of this code. Upon approval. each permit for sidewalk cafes on riqht-of-wav shall be effective for one year from October 1 until September 30. and must be renewed annuallv with the approval of the City. A renewal with no sionificant chanqes to the sidewalk cafe as orioinallv approved will not require a complete review. Anv sionificant chanoes to a sidewalk cafe shall require review as a new application. The City of Clearwater reserves the riqht to inspect the sidewalk cafe at any time with or without notice to the operator to determine compliance with th is code and any conditions attached to the sidewalk cafe. 4. Appeal of Communitv Development Coordinator Decision. For sidewalk cafes usinq public riqht-of-wav. the Community Development Coordinator may deny an application for a sidewalk cafe permit if the applicant fails to provide the required information or fails to meet the criteria for permit issuance. Such action shall be considered final and is not subiect to appeal. For 6 Ordinance No. 7063-03 , ' . . , sidewalk cafes on private propertv. an appeal of the Community Development Coordinator's decision may be submitted in accordance with the provisions of Article 4. 5. Revocation of oermit. The Community Development Coordinator may revoke a permit for any sidewalk cafe located on public riqht-of-way if it is found that: (1) Any necessary business or health permit has been suspended or revoked; or (2) The permittee does not have currently effective insurance in the minimum amount as reauired in this Code: or (3) Chanqina conditions of pedestrian or vehicular traffic cause conqestion necessitatina the removal of the sidewalk cafe. Such decisions shall be based upon findinqs of the Community Development Coordinator. after consultinq with the City Enaineer. that the existina conditions represent a danqer to the health, safety or qeneral welfare of the public; or (4) The permittee fails to comply with one or more conditions of the permit. Upon revocation of a permit. the Community Development Coordinator shall qive written notice of such action by certified mail. return receipt reauested. to the permittee at the address listed on the application. statinq the reason(s) for revocation. The revocation shall become effective and final fifteen (15) days followinq mailina of the notice. and is not subiect to appeal. The City Manaaer or desianee may take at any time. whether or not the permit was issued. is current. in the process of beina revoked. or has been revoked. such action reqardinq a sidewalk cafe located on public propertv as is necessary to preserve public safety. Such action shall be considered final and is not subiect to appeal. Section 2. Article 8, Definitions and Rules of Construction, is hereby amended by adding a definition for "Sidewalk Cafe( and inserting the definition in its proper alphabetical order within Article 8: Sidewalk Cafe means an accessory use to an adiacent business and is located outside of the boundaries of the buildinq; food and beveraqe service or other activities related to the principal use may be allowed as part of the sidewalk cafe. A sidewalk cafe may be allowed either on private property or within the public riaht-of-wav. Section 3. Appendix At Land Development Code, Schedule of Fees, Rates and Charges, Section VIII, is hereby amended to read as follows: 7 Ordinance No. 7063-03 '. . . . There is hereby established the followina fees and charaes related to review andprocessinq of Level One. Level Two and Level 3 Three applications: (1) Level One. * * * * * (i) Sidewalk Cafe Application If proposed as accessorv to an existina use... ............. .$50.00 If part of a Flexible or Flexible Standard Application. no additional fee. Sidewalk Cafe Permit... ... ... ... .,. ... ...... ...... ... ......... ... ... ...... ..$120.00 Due on or before October 1 of each year and shall cover the time period of October 1 throuah September 30 of the followina calendar year. For a permit issued after October 1 and before September 30. the permit fee shall be prorated on a monthly basis. Any portion of a month shall be considered a full month for the purposes of calculatina the prorated permit fee. * * * * * (i) Minor amendment to approved comprehensive siqn proaram. per application .., ... ... ... ... ... ... ... ... ... ...... ... .., ... ...... ... ... .,. ... ... ... ... ...$75.00 Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING March 20. 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED April 3. 2003 Briak~ Mayor -Commissioner -. Attest: ~4A/v1/ ~~~ Jm/Cynt~ia E. ~oudea ~ \I CltY\Jlerk '. _ Approved as to form: 8 Ordinance No. 7063-03 L\ .' '. . . -.... . CDB Meeting Date: March 18. 2003 Case: T A2002-11 00 1 Agenda Item: C5 *~~ ~ CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: Amendments to the Community Development Code regarding outdoor cafes on public and private property within the Commercial, Tourist and Downtown Districts, including: definitions, permits/fees, applications, standards and criteria for review, and providing for conditions of permits, liability and insurance, and revocation. INITIATED BY: City of Clearwater Economic Development and Housing Department BACKGROUND INFORMATION: As the City of Clearwater experiences renewed interest from restaurant owners to locate eating establishments on Clearwater Beach and Downtown due to significant public capital improvements, the City recognizes the need to address outdoor seating on private property and the public right-of-way (i.e. sidewalk cafes) in a comprehensive way. Sidewalk cafes provide a unique environment for relaxation and food consumption that encourages additional pedestrian traffic and promotes more downtown and beach activity and redevelopment. These goals and objectives are consistent with Beach by Design as well as the Downtown Redevelopment Plan. Because there exists a high intensity of development in the Downtown and Tourist zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, the City needs to provide an opportunity for outdoor seating to be located on sidewalks in the public right-of-way to further its redevelopment goals. In developing a sidewalk cafe ordinance for the City, Staff researched sidewalk cafe ordinances from neighboring cities including St. Petersburg, Tampa, Ft. Lauderdale, and Winter Park. Research included interviews with these cities to determine which components have worked well. The proposed sidewalk cafe ordinance outlines standards and criteria that were developed in conjunction with comments and discussion from various departments including Planning, Development Services, Legal, Risk Management, Economic Development and Housing, and Engineering. Staff Report - Community Development Board - March 18, 2003 - T A2002-11 00 1 - Page I ...... . . ~ J .'. This text amendment also includes a provision for reviewing minor changes to approved Comprehensive Sign Programs. Application fees for these requests are $300. This . ordinance creates a $75 minor amendment fee to applicant requesting simple changes. ANALYSIS: The sidewalk cafe ordinance provides standards and criteria for developing sidewalk cafes on private property and in the public right-of-way. The ordinance strives to improve community aesthetics through the regulation of sidewalk cafes through a pre- application meeting and design review. In addition, maintenance, safety, and liability standards are stipulated to maintain high standards for development, which are essential in a community undergoing redevelopment. The ordinance also details application requirements, the review process, and terms and conditions for the revocation of a pennit. A sidewalk cafe can be established as an accessory use to an adjacent business and is located outside of the boundaries of the building; food and beverage service or other activities related to the principal use may be allowed as part of the sidewalk cafe. Sidewalk cafes on private property are permitted in the Commercial, Downtown, and Tourist zoning districts of the City. Sidewalk cafes located on the public right-of-way will only be allowed in the Downtown and Tourist Districts on Clearwater Beach due to the high intensity of development and the lack of vacant land. The sidewalk cafe ordinance proposes to eliminate the parking requirement for any outdoor seating. When calculating the parking requirement, only the indoor seats of the business will be used to determine the appropriate number of parking spaces. This proposal is based on the City's desire to encourage a pedestrian-friendly atmosphere in downtown and on the beach, the availability of parking (existing and/or planned), the negligible increase in actual parking demand for an expanded outdoor seating area and the impractical nature of adding on-site parking in the downtown and tourist urban areas. . Within the downtown area, there is sufficient parking both public and private to accommodate the expected sidewalk cafes. The availability of parking within downtown is documented by the recent parking study prepared by Urbitran and the downtown grid land use pattern that provides for on-street parking. It is based on these issues that the Planning Department supports the elimination of parking requirements for outdoor seating at sidewalk cafes in the downtown. Within the Tourist District, parking availability varies widely based on peak or non-peak arrival and also varies based on the specific location. Many efforts are underway to make pedestrian movements easy and interesting on the beach. Expectations by citizens about an acceptable length of walk from one's .car to the desired destination are also being revised and should continue to do so over time and as other attractions locate on the beach. A regional parking solution is underway and is likely to be resolved within the near future (within one to two years). Until the regional parking solution is completed, there may be times of parking congestion and/or longer walks to the desired destination during the peak times. This potential congestion should be balanced with the long-term benefits of a "walkable" pedestrian-friendly beach area. Therefore, based on the pending . Staff Report - Community Development Board - March 18, 2003 - T A2002-II 00 1 - Page 2 . . . . , . . parking solution and the importance of a pedestrian tourist area, the Planning Department supports the elimination of parking requirements for outdoor seating at sidewalk cafes in the Tourist District. Sidewalk cafes on the public right-of-way will require a permit to operate. For existing restaurants desiring to establish a sidewalk cafe in the right-of-way, the completed application will be reviewed as an accessory use/minimum standard development within three working days. If all conditions are met, a permit will be granted with a fee of $120. The permit will be in force from October I through September 30 of the following year and can be renewed annually. Sidewalk cafes on private property will be reviewed as part of a Flexible Standard Development or Flexible Development application with no additional fee. A pre- application meeting is required to discuss the proposed sidewalk cafe on private property and/or on the public right-of-way, application requirements, and conditions of the permit. The applications will be submitted to the Community Development Coordinator. The main components of the ordinance are summarized as follows: . Safety - Sidewalk cafes should promote efficient and direct pedestrian pathways. The sight visibility triangles must be maintained at all times. In addition, no food preparation is allowed on the sidewalk. . Design - To enhance the visual quality of the urban environment, the cafe will comply with the Design Guidelines of the district. Specifically, furniture and fixtures shall be of good aeslgn and made of quality materials and workmanship. The edge of the sidewalk cafe area in the right-of-way shall be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. . Maintenance - The sidewalk cafe area, the area from the sidewalk cafe to the curb, and five feet beyond either end, will be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. Tables, chairs, umbrellas, etc. shall be maintained in a clean and attractive manner and in good repair at all times. . Alcoholic Beverages - With a valid alcohol license from the State of Florida, alcoholic beverages are permitted for consumption in connection with a restaurant use. However, alcoholic beverages must remain in the designated sidewalk cafe area. An amendment to the Code permitting open containers in the sidewalk cafe area will be required as a separate ordinance. . Music - No amplified music is allowed on sidewalk cafes in the public right-of-way. Amplified music on private property shall be reviewed for impact to surrounding properties. Additional requirements for sidewalk cafes on public rights-of-way: Staff Report - Community Development Board - March 18, 2003 - T A2002-11 00 1 - Page 3 " . . .. ,/ . Safety - The City may require the temporary removal of sidewalk cafes when street, sidewalk, or utility repairs necessitate such action, during any emergency situation, or . in the interest of public safety. A minimum of four feet will be maintained at all times to provide unobstructed pedestrian pathways along the sidewalk. In congested pedestrian areas, this minimum width may be increased. . Liability - A written agreement with the City is required where the permit holder agrees to indemnify, defend, save and hold harmless the City from all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. . Insurance - Comprehensive General Liability insurance on an "occurrence" basis in the amount of $500,000 is required. The City is to be specifically included as an additional insured on the policy. Two additional ordinances will be needed in conjunction with the adoption of the sidewalk cafe ordinance to (1) allow alcohol on the public right-of-way in the sidewalk cafe area and (2) repeal old provisions related to sidewalk cafes in the Code. These ordinances will be presented by the Legal Department. CRITERIA FOR AMENDMENT: Code Section 4-601 specifies the procedures and criteria for reviewing amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. . The following is a selected list of goals and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. . Policy 2.1.1 - Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation and/or catalytic projects, as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plan. . Policy 2.1.2 - Renewal of the beach Tourist District shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of-way when appropriate, transportation improvements, inter-beach and . Staff Report - Community Development Board - March 18, 2003 - T A2002-1100 1 - Page 4 " . . . , . . intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments creating a sidewalk cafe use in the Tourist and Downtown zoning districts are consistent with the following purposes of the Code: . Section 1-103.A - It is the purpose of this Development Code to implement the Comprehensive Plan of the City; to promote the health, safety, general welfare and quality of life in the City; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the City and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the City; . Section l-103.E.2 - Protect the character and the social and economic stability of all parts of the City through the establishment of reasonable standards which encourage the orderly and beneficial development ofland within the City; and . Section 1-103.E.3 - Protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and minimize the conflicts among the uses ofland and buildings. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They also further the original redevelopment goals that established the Code. This text amendment serves to clarify and provide standards and criteria for developing sidewalk cafes in the public right-of-way as well as on private property. The text amendment also strives to improve community aesthetics through the regulation of sidewalk cafes. The standards and criteria for developing sidewalk cafes ultimately promote economic development and maintain high standards for development, which are essential in a community undergoing redevelopment. The text amendment also provides a fee for minor revisions to approved Comprehensive Sign Programs. The Planning Department Staff recommends APPROV AL of Ordinance No. 7063-03 which makes revisions to the Community Development Code regarding sidewalk cafes and fees for the Comprehensive Sign Program. eH' X 2 Prep-?,bY. .Eco.n., om. ic D.evelopment & Housing Dept. and Planning Departm~ Staff: . _ .JE(j{1 4th- r1ttf ~" LJ(~. (}.T;;f4' Ger31dine Campos, Assis t Community Redevelopment Director ~ ~h7 G-<... ATTACHMENT: Proposed Ordinance No. 7063-03 01,,( sru ,oPv L S:\Planning Department\Community Development Code\2003 Code AmendmentslStaff Report2-03 - Sidewalk Cafe Ordinance.doc ~ '1 Staff Report - Community Development Board - March 18, 2003 - T A2002-11 00 1 - Page 5 , . . ORDINANCE NO. 7063-03 . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SIDEWALK CAFES AND TO FEES FOR SIDEWALK CAFES AND COMPREHENSIVE SIGN PROGRAM MINOR AMENDMENT; REPEALING SECTION 3-201C IN ITS ENTIRETY AND REENACTING A NEW SECTION 3-201C. SIDEWALK CAFES; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION BY ADDING A DEFINITION FOR SIDEWALK CAFE; AMENDING APPENDIX A, LAND DEVELOPMENT CODE TO SET FORTH NEW FEES FOR SIDEWALK CAFE REVIEW, SIDEWALK CAFE PERMIT AND A MINOR AMENDMENT TO COMPREHENSIVE SIGN PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, there exists the need for sidewalk eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption; and WHEREAS, because of the high intensity of development in the Downtown "0" and Tourist "T" zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk . cafes to be located on sidewalks in the public right-of-way; and WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment; and WHEREAS, there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas; and WHEREAS, the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater; and WHEREAS, the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-201 C. Outdoor Cafes., Community Development Code, is hereby repealed in its entirety and reenacted as follows: 3-201 C. Sidewalk cafes. . Ordinance No. 7063 -03 ,.I . . . 1. Puroose and Aoo/icabilitv. It is the intent of the City to allow sidewalk cafes so as to enhance the pedestrian, urban and beach character of the City by providina an additional amenity for the public to enioy. Sidewalk cafes are permitted in the Commercial District. the Tourist District on property located on Clearwater Beach onlv or in the Downtown district provided all requirements of this section are met. Sidewalk cafes on public riqht-of-way shall only be allowed in the Tourist and Downtown Districts. A sidewalk cafe may be established as an accessory use to a restaurant. niqhtclub or other appropriate business as determined by the Community Development Coordinator. This section applies to a sidewalk cafe located solely on private property or a cafe located partially or totally within the public riaht-of-way. 2. Aop/ication Reauirements and Review Process. a. Review process. If a sidewalk cafe is to be added to an existina business, then the sidewalk cafe shall be reviewed as an accessory use/Minimum Standard Development. If the cafe is proposed as accessory to a new business, then the sidewalk cafe shall be reviewed alona with the proposed use as either Level One-Flexible Standard or Level Two-Flexible Use as determined in the applicable zoninq district. b. Submittal reauirements. . (1) The applicant is reauired to hold a pre-application meetinq with the Community Development Coordinator to discuss the proposed sidewalk cafe and application requirements. (2) A completed application for a sidewalk cafe permit shall be submitted to the Community Development Coordinator. The application shall include, but not be limited to, the followinq information: (a) Name, address. telephone number, facsimile and e- mail address of the applicant (business owner or desiqnee) and the property owner; (b) Name. address and leaal description of the property on which the sidewalk cafe is proposed to be located: (c) For existinq businesses, a copv of a valid City of Clearwater occupational license to operate the business establishment that is the subiect of the application: (d) Written approval to reauest the application from the owner of the property in which the permitted business established is located; . (e) A site plan (drawn to scale of minimum 1 :50) showinq the layout and dimensions of the sidewalk; sidewalk cafe area and adiacent private property and buildinq showina entrances and exits; proposed location. size and number 2 Ordinance No. 7063-03 . . of tables. chairs. steps. umbrellas, awninas. canopies, location of doorways, trees. parkina meters. bus shelters, . sidewalk benches. trash receptacles. railinqs, decorative chains and any other fixture, structure or obstruction either existino or proposed within the sidewalk cafe: (f) Photoqraphs. drawinqs or manufacturers' brochures fully describina the appearance. color. and materials of all proposed tables. chairs: umbrellas. awninos, canopies or other fixtures related to the sidewalk cafe: (0) COpy of written approval from any aqency other than the City of Clearwater havinq iurisdiction over the riqht of way: and (h) For sidewalk cafes on public riqht-of-way, a COpy of current certificate of insurance in the amounts and cateaories reauired by this article. c. General reauirements for all sidewalk cafes. (1) Operational reauirements. (a) Sidewalk cafes that wish to serve alcoholic beveraaes must have a valid license from the State of Florida to sell alcoholic beveraqes for consumption on premises in connection with a restaurant use or other appropriate business. (b) No food preparation shall be allowed on the sidewalk. There shall be no cookina. storaqe of foods or materials. coolino. refriqeration or other eauipment located in the sidewalk cafe area. (c) No amplified music at a sidewalk cafe in the riaht-of- way shall be allowed. Amplified music in a sidewalk cafe on private property shall be specificallv requested by the applicant and shall be reviewed for its impacts on surroundinq properties and businesses. (d) The hours of operation of a sidewalk cafe shall be coincident with the hours of operation of the principal business to which it is accessory. (e) The operator of the sidewalk cafe shall meet all other City. county and state requlations, laws or ordinances. . (2) Location and desiqn reauirements. (a) Sidewalk cafes in the riqht of way are restricted to the sidewalk frontaqe of the subiect business establishment to which a permit has been issued or such other area as approved by the City Manaqer or his/her desianee. . 3 Ordinance No. 7063-03 - ,J . . .. . (b) Sidewalk cafes shall be located in a manner that promotes efficient and direct pedestrian movement. Within the public riqht-of-wav. a minimum of one unobstructed pedestrian path at least four feet wide shall be maintained at all times. In areas of conqested pedestrian activity a wider pedestrian path may be required. Access to fire hydrants. fire hose connections for sprinkler systems. and entrances and exits of all buildinqs shall not be obstructed at any time by barriers or seatinq. (c) Outdoor seatinq shall not be counted when calculatina the parkina reauirements. (d) To ensure the convenience of users and to enhance the visual quality of the urban environment. the sidewalk cafe shall complv with the Desian Guidelines for the district in which it is located. Specificallv. tables. chairs. umbrellas. canopies. awninas and all other fixtures/decorative materials shall be of qood desiqn made of auality materials and workmanship, be fire-retardant or manufactured of fire resistant material. Tables, chairs and other fixtures used in connection with the sidewalk cafe shall not be attached. chained or in any manner affixed to any tree, post. sian or other fixture. (e) No tables or chairs will be permitted within the siqht visibility trianqle of a street intersection or driveway as required in this code. Tables or chairs shall not be placed within four feet of bus stops. taxi stands, telephone booths. fire hydrants. or counter service windows or within two feet of any buildinq entrances and/or exits. (f) The perimeter around the sidewalk cafe in the riqht of way area shall be delineated usinq non-permanent fixtures such as railinas. potted plants. decorative chains, or other approved fixtures. : . (3) Maintenance. (a) Tables, chairs. umbrellas, canopies. awninas and any other fixtures used in connection with a sidewalk cafe shall be maintained by the sidewalk cafe operator with a clean and attractive appearance and shall be in qood repair at all times. (b) The sidewalk cafe area, the area extendinq from the sidewalk cafe area to the street. and five feet beyond either end shall be maintained bY the business owner in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. (c) The sidewalk cafe operator is responsible for repair of . any damaqe to the sidewalk in the riqht of way caused 4 Ordinance No. 7063-03 . . ... bv the sidewalk cafe. The repair shall be made to City standards and within a reasonable timeframe. . d. Additional ReQuirements for Sidewalk Cafes on Public Riqhts-of-Wav (1) A sidewalk cafe on public riaht -of-way shall applv for and receive a permit to operate within the riqht-of-wav. The permit shall be issued to the permit holder and shall be transferable onlv with the prior written approval of the City ManaQer or his/her desiqnee. (2) Bv use of any permit qranted hereunder. the permit holder aqrees to indemnify. defend, save and hold harmless the City. its officers. aqents and emplovees from any and all claims. liabilitv. lawsuits, damaaes and causes of action which may arise out of the use of the public sidewalk. The permit holder shall enter into a written aqreement with the City to evidence this indemnification. Such aqreement must have the written approval of the City Attornev prior to issuance of a permit. (3) The permit holder shall furnish, pay for. and maintain durinq the life of the permit with the City: (a) Comprehensive General Liabilitv insurance on an "occurrence" basis in an amount not less than $500.000 combined sinqle limit Bodilv Iniury Liabilitv and Property Damaqe Liabilitv. The City is to be specificallv included as an additional insured on the policv. . (b) Workers' Compensation insurance applicable to its emplovees, if any. for statutorv coveraqe limits in compliance with Florida laws. includina Emplovers' Liabilitv which meets all state and federal laws. (4) The Permit holder shall provide the City with a certificate or certificates of insurance showinq the existence of coveraqes required bv this Permit. The Permit holder will maintain these coveraqes with a current certificate or certificates of insurance throuqhout the term of the permit with the City. When s ecificall re uested b the Ci in writin the Permit holder will provide the City with certified copies of all polices of insurance as reQuired above. New certificates and new certified copies of policies. if certified copies of policies have been requested, shall be provided the City whenever any policv is renewed. revised. or obtained from other insurers. (6) All policies of insurance must be endorsed to provide the City with thirty (30) days notice of cancellation or restriction. . 5 Ordinance No. 7063-03 . . #- . (7) The City of Clearwater may reauire the temporary removal of sidewalk cafes and all related furniture and fixtures bY the permit holder when street. sidewalk, or utility repairs necessitate such action or when. at the City's sole discretion, it is necessary to clear sidewalks. The permit holder shall be responsible for removina all sidewalk cafe fixtures at least two days prior to the date identified in writina bv the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (8) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emerqency situations. The City. its officers, aqents and employees shall not be responsible for any damaaes or loss of sidewalk cafe fixtures relocated durinq emerqency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (9) The City shall have the authority to secure or remove fixtures and other items associated with the sidewalk cafe if necessarv in the interest of public safety. . 3. Standards for Review and Decision. The Community Development Coordinator shall review an application for a sidewalk cafe to determine compliance with all requirements of this section throuqh a complete application includinq site plan, proof of insurance and all other documents reauired by this code. The Community Development Coordinator may approve the application. approve the application with conditions that ensure compliance with this code (and are needed to ensure compatibility of the sidewalk cafe with adioininq businesses, or denv the application. The timeframe and process for review of a sidewalk cafe for an existina business shall be as prescribed in Section 4-203, Buildina Permit of this code. The timeframe and process for review of a sidewalk cafe as part of a Flexible Standard or Flexible Use shall be as prescribed in Article 4 of this code. Upon approval. each permit for sidewalk cafes on riqht-of-way shall be effective for one vear from October 1 until September 30, and must be renewed annually with the approval of the City. A renewal with no sianificant chanaes to the sidewalk cafe as oriainally approved will not require a complete review. Any siqnificant chanaes to a sidewalk cafe shall reauire review as a new application. The City of Clearwater reserves the riaht to inspect the sidewalk cafe at any time with or without notice to the operator to determine compliance with this code and any conditions attached to the sidewalk cafe. 4. Appeal of Community Development Coordinator Decision. . For sidewalk cafes usinq public riqht-of-way, the Community Development Coordinator may deny an application for a sidewalk cafe permit if the applicant fails to provide the required information or fails to meet the criteria for permit issuance. Such action shall be considered final and is not subiect to appeal. For 6 Ordinance No. 7063-03 . . ~ sidewalk cafes on private property. an appeal of the Community Development Coordinator's decision may be submitted in accordance with the provisions of . Article 4. 5. Revocation of permit. The Community Development Coordinator may revoke a permit for anv sidewalk cafe located on public riaht-of-way if it is found that: (1 ) Any necessary business or health permit has been suspended or revoked: or (2) The permittee does not have currently effective insurance in the minimum amount as reauired in this Code: or (3) Chanqina conditions of pedestrian or vehicular traffic cause congestion necessitatina the removal of the sidewalk cafe. Such decisions shall be based upon findinas of the Community Development Coordinator, after consultinq with the City Enqineer. that the existina conditions represent a danaer to the health. safety or qeneral welfare of the public: or (4) The permittee fails to comply with one or more conditions of the permit. Upon revocation of a permit. the Community Development Coordinator shall aive written notice of such action bY certified mail, return receipt requested, to the permittee at the address listed on the application, statinq the reason(s) for revocation. The revocation shall become effective and final fifteen (15) days fOllowinq mailina of the notice, and is not subiect to appeal. The City Manaqer or desianee may take at anv time. whether or not the permit . was issued. is current. in the process of beinq revoked, or has been revoked, such action reaardina a sidewalk cafe located on public property as is necessary to preserve public safety. Such action shall be considered final and is not subiect to appeal. Section 2. Article 8, Definitions and Rules of Construction, is hereby amended by adding a definition for "Sidewalk Cafe" and inserting the definition in its proper alphabetical order within Article 8: Sidewalk Cafe means an accessory use to an adiacent business and is located outside of the boundaries of the buildinq: food and beveraqe service or other activities related to the principal use may be allowed as part of the sidewalk cafe. A sidewalk cafe may be allowed either on private property or within the public riqht-of-way. Section 3. Appendix A, land Development Code, Schedule of Fees, Rates and Charges, Section VIII, is hereby amended to read as follows: . 7 Ordinance No. 7063-03 ,. . . . . . There is hereby established the followinq fees and charqes related to review and processinq of level One, level Two and level 3 Three applications: (1) level One. * * * * * (j) Sidewalk Cafe Application If proposed as accessory to an existina use............... ..$50.00 ---. . If part of a Flexible or Flexible Standard Application, no additional fee. Sidewalk Cafe Permit ...................................................... ..$120.00 Due on or before October 1 of each year and shall cover the time period of October 1 throuqh September 30 of the followinq calendar year. For a permit issued after October 1 and before September 30, the permit fee shall be prorated on a monthly basis. Any portion of a month shall be considered a full month for the purposes of calculatinq the prorated permit fee. * * * * * (j) Minor amendment to approved comprehensive siqn proqram. per application ........................................................................ ...$75.00 Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 8 Ordinance No. 7063-03 . CI C. . . · earwater Ity ConnmssIOn Agenda Cover Memorandum Final Agenda Item # Meeting Date: Mar. 20, 2003 &BJECTIRECOMMENDA TION: Adopt Ordinance #7063-03 to amend the Community Development Code allowing for sidewalk cafes to be located on private property and on the public rights of way in the Downtown and Tourist districts only. ~ and that the appropriate officials be authorized to execute same. SUMMARY: As the City of Clearwater experiences renewed interest from restaurant owners to locate eating establishments on Clearwater Beach and Downtown due to significant public capital improvements, the City recognized the need to address outdoor seating on private property and in the public right of way, i.e. sidewalk cafes, in a comprehensive way. Sidewalk cafes provide a unique environment for food consumption that enhances the pedestrian, urban and beach character of the City and provides an additional amenity for the public to enjoy. Furthermore, sidewalk cafes provide an opportunity to promote economic development and further the City's redevelopment goals. A sidewalk cafe can be established as an accessory use to an adjacent business and is located outside of the boundaries of the building; food and beverage service or other activities related to the principal use may be allowed as part of the sidewalk cafe. Sidewalk cafes on private property are permitted in the Commercial, Downtown, and Tourist zoning districts of the City. Sidewalk cafes located on the public right of way will only be allowed in the Downtown and Tourist districts on Clearwater Beach due to the high intensity of .rvelopment and the lack of vacant land. In addition, sidewalk cafes on the public right of way will require a .rmit to operate. The permit will be associated with a fee ($120) and renewed annually. The ordinance provides standards and criteria for developing sidewalk cafes on private property and in the public right of way. The ordinance strives to improve community aesthetics through the regulation of sidewalk cafes through a pre-application meeting and design review. In addition, maintenance, safety, and liability standards are stipulated to maintain high standards for development, which are essential in a community undergoing redevelopment. The ordinance also details application requirements and the review process. For existing restaurants desiring to establish a sidewalk cafe in the right of way, the completed application will be reviewed as an accessory uselMinimum Standard Development within 3 working days. If all conditions are met, a permit will be granted. The key components of the ordinance can be summarized as follows: . Safety-Sidewalk cafes should promote efficient and direct pedestrian pathways. The sight visibility triangles must be maintained at all times. In addition, no food preparation is allowed on the sidewalk. Reviewed by:. '. Legal > /.~.~>. ,~j Budget' NA Purchasing NA Risk Mgmt ~ fufo Tech Public Works DCM/ACM Planning ~LA_ J&t. Originating Dept: . Abo EconOmIC Developmenf \V" UserDept. /ylY Planning Department (ft Costs -0- Total Funding Source: Capitollrnprovement Current Fiscal Year Attachments 1. Ordinance No. 7063-03 2. CDB Staff Report o None 0peIaling Other Appropriation Code: . Design-To enhance the vii quality of the urban environment,! cafe will comply with the Design Guidelines of the district. Specifically, furniture and fixtures shall be of good design and made of quality materials and workmanship. The edge of the sidewalk cafe area in the right of way shall be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. . . Maintenance-The sidewalk cafe area, the area from the sidewalk cafe to the curb, and five feet beyond either end will be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. Tables, chairs, umbrellas, etc. shall be maintained in a clean and attractive manner and in good repair at all times. · Alcohol Allowed-With a valid alcohol license from the State of Florida, alcoholic beverages are allowed for consumption in connection with a restaurant use. However, alcoholic beverages must remain in the designated sidewalk cafe area. An amendment to the code allowing open containers in the sidewalk cafe area will be presented as a separate ordinance. · Music-No amplified music is allowed on sidewalk cafes in the public right of way. Amplified music on private property shall be reviewed for impact to surrounding properties. Additional requirements for sidewalk cafes on public rights of way: · Safety-The City may require the temporary removal of sidewalk cafes when street, sidewalk, or utility repairs necessitate such action, during any emergency situation, or in the interest of public safety. A minimum of 4 feet will be maintained at all times to allow unobstructed pedestrian pathways along the sidewalk. In congested pedestrian areas, this minimum width may be increased. . Liability-A written agreement with the City is required where the permit holder agrees to indemnify, defend, save and hold harmless the City from all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. . . Insurance-Comprehensive General Liability insurance on an "occurrence" basis in the amount of $500,000 is required. The City is to be specifically included as an additional insured on the policy. Two additional ordinances will be needed in conjunction with the adoption of the sidewalk cafe ordinance to (1) allow alcohol on the public right of way in the sidewalk cafe area and (2) repeal old provisions related to sidewalk cafes in the Code. These ordinances will be presented by the Legal Department. The Community Development Board will review this item at their March 18, 2003 public hearing. The staff will report the results of that meeting that the City Commission meeting on March 20, 2003. . I-~--- I It e CDB Meeting Date: December 17. 2002 Case: TA2002-xxxx Agenda Item: ?? CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT REQUEST: Amendments to the C~ Development Code relating to sidewalk cafeslocatedc:5 ~~~ Ordinance No. . City of Clearwater Economic Development and Housing Department INITIATED BY: BACKGROUND INFORMATION: As the City of Clearwater experiences renewed interest from restaurant owners to locate eating establishments on Clearwater Beach and Downtown due to significant public capital improvements, the City recognizes the need to address outdoor seating on the public right of way (i.e. sidewalk cafes) in a comprehensive way. Sidewalk cafes provide a unique environment for relaxation and food consumption that encourages additional pedestrian traffic and promotes more downtown and beach activity and redevelopment. These goals and objectives are consistent with Beach by Design as well as the Downtown Redevelopment Plan. Because there exists a high intensity of development in the Downtown "D" and Tourist "T" zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, the City needs to provide an opportunity for outdoor seating to be located on sidewalks in the public right of way to further its redevelopment goals. In developing a sidewalk cafe ordinance for the City, staff researched sidewalk cafe ordinances from neighboring cities including St. Petersburg, Tampa, Ft. Lauderdale, and Winter Park. Research included interviews with these cities to determine which components have worked well. The proposed sidewalk cafe ordinance outlines standards and criteria that were developed in conjunction with comments and discussion from various departments including Planning, Development Services, Legal, Risk Management, Economic Development and Housing, and Engineering. ANALYSIS: The proposed sidewalk cafe ordinance calls for business establishments serving and/or selling food and beverages to apply for a permit to establish and operate a sidewalk cafe. Page 1 Sidewalk Cafe Ordinance/Staff Report e e The permit will be associated with a fee and renewed annually. A pre-application meeting is required to discuss the proposed sidewalk cafe, application requirements, and conditions of the permit. The application will be submitted to Development Services, and a permit will be issued if all conditions have been satisfied. The main components of the ordinance can be summarized as follows: · Pre-Application Meeting and Review-A pre-application meeting to discuss the proposed sidewalk cafe and application requirements is required with the City Manager's designee. The designee will facilitate the review process by "walking" the application to departments that will require review and sign-off. · Application Submittal and Permit Fee---A complete application will be submitted to Development Services. An annual permit will be issued for a fee of $120. The permit will be in force from October 1 through September 30 of the following year and can be renewed annually. · Minimum Pedestrian Path-A minimum of 4 feet will be maintained at all times to allow unobstructed pedestrian pathways along the sidewalk. In congested pedestrian areas, this minimum width may be increased. · Delineation of Perimeter-The edge of the sidewalk cafe area may be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. · Alcohol Allowed-With a valid alcohol license from the State of Florida, alcoholic beverages are allowed for consumption on premises in connection with a restaurant use. However, alcoholic beverages must remain in the designated sidewalk cafe area. An amendment to the code pertaining to open containers will be required as part of this text amendment. · Design-Tables, chairs, umbrellas, canopies, awnings and any other fixtures shall be of good design and shall be made of quality materials and workmanship to ensure the safety and convenience of users and to enhance the visual quality of the urban environment. · Maintenance of Sidewalk Cafe-- The sidewalk cafe area, the area from the sidewalk cafe to the curb, and five feet beyond either end will need to be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day. · Safety-The City may require the temporary removal of sidewalk cafes when street, sidewalk, or utility repairs necessitate such action or during any emergency situation. Page 2 Sidewalk Cafe Ordinance/Staff Report e e · Liability-A written agreement with the City is required where the permit holder agrees to indemnify, defend, save and hold harmless the City from all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. · Insurance-Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 is required. The City is to be specifically included as an additional insured on the policy. CRITERIA FOR AMENDMENT: Code Section 4-601 specifies the procedures and criteria for reviewing amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below please fmd a selected list of goals and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. . Policy 2.1.1 - Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation and/or catalytic projects, as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plan. . Policy 2.1.2 - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of-way when appropriate, transportation improvements, inter-beach and intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. Page 3 Sidewalk Cafe Ordinance/Staff Report ~_____n_____ _u_ I. , tt e The proposed text amendments creating a sidewalk cafe use in the "T" and "D" zoning districts are consistent with the following purposes of the Code: . Section l-103(A) - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality oflife of all residents and property owners ofthe city; . Section 1-103(E)(2) - Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city; and . Section 1-103(E)(3) - Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They also further the original redevelopment goals that established the Code. This text amendment serves to clarify and provide standards and criteria for developing sidewalk cafes in the public right of way. The text amendment also strives to improve community aesthetics through the regulation of sidewalk cafes. The standards and criteria for developing sidewalk cafes ultimately promote economic development and maintain high standards for development, which are essential in a community undergoing redevelopment. The Planning Department Staff recommends APPROV AL of Ordinance No. xxxx-03 which makes revisions to the Community Development Code. Prepared by: Geraldine Campos ATTACHMENT: Proposed Ordinance No. xxxx-03 Page 4 Sidewalk Cafe Ordinance/Staff Report e e 'I~ ~ ' / ll'tfl~. ORDINANCE NO. 7074-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO ALCOHOLIC BEVERAGES; AMENDING CODE OF ORDINANCES SECTION 6.31; PROVIDING AN EXCEPTION TO CERTAIN SALES, POSSESSION, CONSUMPTION, AND OPEN CONTAINER PROHIBITIONS FOR PORTIONS OF PUBLIC STREETS, SIDEWALKS, ALLEYS, PARKING LOTS, OR RIGHTS OF WAY USED FOR OUTDOOR CAFE PURPOSES BY BUSINESS ESTABLISHMENTS WHICH HAVE OBTAINED CITY PERMITS FOR SUCH OPERATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, ordinance No. 7073-03 establishes a procedure for authorizing the permitting of sidewalk cafes on public property in certain zoning districts, and it is desirable to harmonize the alcoholic beverage code of the City to allow sales, possession, and consumption of alcoholic beverages at sidewalk cafes which are properly permitted; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 6.31, Code of Ordinances, City of Clearwater, is hereby amended to read as follows: 6.31 Prohibited acts. * * * * * (4) It shall be a violation for any person to sell or consume any alcoholic beverage, or to possess any opened or unsealed container containing an alcoholic beverage, at the following places, except pursuant to an alcoholic beverage special event permit issued under the provisions of section 22.88 through 22.92 or pursuant to a sidewalk cafe permit issued under the provisions of section 3-201 C. of the Land Development Code: (a) On any public beach. (b) On or in any public street, alley, sidewalk, parking lot or right-of-way, including but not limited to unimproved public street rights-of-way terminating at a body of navigable water. (c) In any public park. For the purposes of this subsection, the term "park" shall mean all parks Ordinance No. -01 e e and athletic fields, and all grounds used by the city for park or playground purposes, including Jack Russell Stadium and the Clearwater Country Club Golf Course when the sale or consumption of alcoholic beverages has been authorized by the terms of any lease or other agreement approved by the city commission. (d) In any public building, except in any portion of a public building when rented to private parties. This prohibition shall not apply to the Performing Arts Center and Theater. (e) On any portion of the Courtney Campbell Recreation Area as defined in section 22.21. * * * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. e e ORDINANCE NO. -03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO [SIDEWALK][OUTDOOR] CAFES; AMENDING CODE OF ORDINANCES SECTION 28.04; PROVIDING THAT [SIDEWALK][OUTDOOR] CAFES ARE EXCEPTED FROM THE PROHIBITION AGAINST SELLING GOODS ON PUBLIC PROPERTY WHEN PERMITTED PURSUANT TO LAND DEVELOPMENT CODE SECTION 3-201 C.; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 28.04, Code of Ordinances, City of Clearwater, is hereby amended to read as follows: 28.04. Trading and selling on streets. (1) Except for the sale of ice cream from ice cream trucks on streets in residential areas, which have been issued a city occupational license for such use, and unless authorized by article III of chapter 22 which pertains to special events, it shall be unlawful for any person to sell, barter, exchange, or offer to sell, barter or exchange any goods, wares or merchandise of any kind or nature whatsoever in or on or over any street, right-of-way or public property, sidewalk or park within the city. f2j This section shall not apply to curb service furnished by any regularly established and licensed place of business in the city, and this section shall not apply to the holding of bazaars or other sales not made or carried on for personal profit, where such sales are operated in front of or adjacent to a store or place of business with the consent of the owner or manager thereof. The prohibition set out in subsection (1) of this section shall not prevent the operation of an outdoor cafe on the public sidewalk where the fsidewalklroutdoorl cafe is permitted under the provisions of section 3-201 C. of the Land Development Code. the follmving requirements have been met: (a) /\t least five feet of unobstructed sidev.'alk available for pedestrian use must be available following installation of the sidewalk'cafe. Ordinance No. -01 e e (b) 1\ revocable permit to install the sidewalk cafe must be obbined from the city by the licensed restaurant owner and recorded in the public records of the county. Such use may only be considered for installation adjacent to a restaurant tISe:- (c) /\11 elements or components utilizod to construct the sidmvalk cafe must be movable and no element or component may be bolted or other-vise affixed to the public side..valk. Prior to the installation of any element or component, a building permit shall obtained. (d) The applicant obtains an occupational license to apply to the activity. (e) The applicant provides the city with a copy of a policy of insurance, which policy shall name the city as a named insured, covering both property damages and personal injuries that might occur by reason of such use of the public sidewalk. Such policy shall have limits of at least $50,000.00 for property damages and $500,000.00 for personal injury liability and must be approvod by the city prior to the issuance of a revocable permit. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. e e INSERT LANGUAGE IN ORDINANCE AMENDING APPENDIX A Section _' Appendix A, Land Development Code, Schedule of Fees, Rates and Charges, Section VIII, is hereby amended to read as follows: There is hereby established the following fees and charges relating to review and processing of Level One, Level Two and Level Three applications: (1) Level One. * * * * * (i) Sidewalk ror outdoorl cafe permit t/j ti) fee... ... ... ... ... ... ... ... ... ... ... ... ... .~Oo..oo I * * * * * * * * * * NOTE: Title of ordinance must also be amended to add "relating to....fees for comprehensive sign program minor amendment" and "amending Appendix A to set forth a fee for minor amendment to comprehensive sign program." e e REVOCATION AND DENIAL OF PERMITS The Community Development Coordinator may revoke a permit for any [sidewalk][outdoor] cafe if it is found that: (1) Any necessary business or health permit has been suspended or revoked; or (2) The permittee does not have currently effective insurance in the minimum amount as required in this Code; or (3) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating the removal of the [sidewalk][outdoor] cafe. Such decisions shall be based upon findings of the Community Development Coordinator, after consulting with the City Engineer, that the existing conditions represent a danger to the health, safety or general welfare of the public; or (4) The permittee fails to comply with one or more conditions of the permit. Upon revocation of a permit, the Community Development Coordinator shall give written notice of such action by certified mail, return receipt requested, to the permittee at the address listed on the application, stating the reason therefor. The revocation shall become effective fifteen (15) days following mailing of toe notice unless appealed as provided in Section 4-501A.2. ~ ~ . _ ~he City Manager or designee may take at any time, whet~~:;he~ was issued, is current, in the process of being revoked, or has been revoked, such action regarding a [sidewalk][outdoor] cafe located on public property as is dO . necessary to preserve public safety. ~tiCfH ~ ~ ADD TO Standards and Criteria for Application Review: (-) Denial of [sidewalk][outdoor] cafe permits. The Community Development Coordinator may deny an application for [sidewalk][outdoor] cafe permit if the applicant fails to provide the required information or fails to meet the criteria for permit issuance. Such action may be appealed as provided in Section 4-501A.4. RECE'V~ FEB 1 7 2003 . Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: 3-20-2003 . R\dopt Ordinance No. 7073-03, amending Code of Ordinances outdoor cafes to sell food on public property; X and that the appropriate officials be authorized to execute same. SUMMARY: · This is a companion item to Ordinance No. 7063-03, the Sidewalk Cate ordinance. · The adoption ot this Ordinance is necessary because currently Section 28.04 prohibits sales of goods wares, or merchandise on streets, right-ot-way, and public property. · The exception will apply only to approved outdoor cates. Reviewed bt1A fJ Legal r;I.rJ....fj'- Budget NA Purchasin NA g Risk Mgmt NA Originatin Costs Info Tech NA Legal Total NA - Public Works NA User Dep . Funding Source: DCM/ACM Planning Capitollmprovemenl NA Current Fiscal Year Other NA Attachments Operating NA NA Ordinance Other NA Appropriation Code: o None Rev . ( . . ORDINANCE NO. 7073-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO OUTDOOR CAFES; AMENDING CODE OF ORDINANCES SECTION 28.04; PROVIDING THAT OUTDOOR CAFES ARE EXCEPTED FROM THE PROHIBITION AGAINST SELLING GOODS ON PUBLIC PROPERTY WHEN PERMITTED PURSUANT TO LAND DEVELOPMENT CODE SECTION 3- 201C.; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 28.04, Code of Ordinances, City of Clearwater, is hereby amended to read as follows: 28.04. Trading and selling on streets. (1) Except for the sale of ice cream from ice cream trucks on streets in residential areas, which have been issued a city occupational license for such use, and unless authorized by article III of chapter 22 which pertains to special events, it shall be unlawful for any person to sell, barter, exchange, or offer to sell, barter or exchange any goods, wares or merchandise of any kind or nature whatsoever in or on or over any street, right-of-way or public property, sidewalk or park within the city. ~ This section shall not apply to curb service furnished by any regularly established and licensed place of business in the city, and this section shall not apply to the holding of bazaars or other sales not made or carried on for personal profit, where such sales are operated in front of or adjacent to a store or place of business with the consent of the owner or manager thereof. The prohibition set out in subsection (1) of this section shall not prevent the operation of an outdoor cafe on the public sidewalk where the outdoor cafe is permitted under the provisions of section 3-201 C. of the Land Development Code. the follO'....ing requirements have been met: (a) At least five feet of unobstructed side'Nalk available for pedestrian use must be available following installation of the side'.valk cafe. Ordinance No. 7073-03 . ' . e (b) ^ revocable permit to install the side'Nalk cafe must be obtained from the city by the licensed restaurant owner 3nd recorded in the public records of the county. Such use may only be considered for installation adjacent to a restaurant HSe:- (c) All elements or components utilized to construct the sidewalk cafe must be movable and no element or component may be bolted or other\\'ise affixed to the public sidewalk. Prior to the installation of any element or component, a building permit shall obtained. (d) The applicant obtains an occupational license to apply to the activity. (e) The applicant provides the city v.'ith a copy of a policy of insurance, which policy shall name the city as a named insured, covering both property damages and personal injuries that might occur by reason of such use of tho public sidewalk. Such policy shall have limits of at least $50,000.00 for property damages and $500,000.00 for personal injury liability and must be approved by the city prior to the issuance of a revocable permit. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7073-03 t. . ~ f . . Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: 3-20-2003 SUBJECT/RECOMMENDATION: Adopt Ordinance No. 7074-03, amending Code of Ordinances Section 6.31 to allow approved outdoor cafes to sell alcoholic beverages on public property; X and that the appropriate officials be authorized to execute same. SUMMARY: · This is a companion item to Ordinance No. 7063-03, the Sidewalk Cafe ordinance. · The adoption of this Ordinance is necessary because currently Section 6.31 prohibits sale, consumption, and possession of alcoholic beverages on sidewalks and other public property. · The exception will apply only to approved outdoor cafes. Permit conditions should specify hours of sale of alcoholic beverages. Reviewed ft39....17 Legal i(~ Budget NA Purchasin NA g Risk Mgmt NA Info Tech NA Public Works NA DCM/ACM Originat~l:pept: Legal~D; User Dept. Planning Costs Total NA Funding Source: Capitol Improvement NA Current Fiscal Year Other NA ~,v FEB 1 7 2003 o None Operating NA Other NA NA Appropriation Code: PLANNIN CITY OF CLEARWATER Rev. . . . . ORDINANCE NO. 7074-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO ALCOHOLIC BEVERAGES; AMENDING CODE OF ORDINANCES SECTION 6.31; PROVIDING AN EXCEPTION TO CERTAIN SALES, POSSESSION, CONSUMPTION, AND OPEN CONTAINER PROHIBITIONS FOR PORTIONS OF PUBLIC STREETS, SIDEWALKS, ALLEYS, PARKING LOTS, OR RIGHTS OF WAY USED FOR OUTDOOR CAFE PURPOSES BY BUSINESS ESTABLISHMENTS WHICH HAVE OBTAINED CITY PERMITS FOR SUCH OPERATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, ordinance No. 7073-03 establishes a procedure for authorizing the permitting of sidewalk cafes on public property in certain zoning districts, and it is desirable to harmonize the alcoholic beverage code of the City to allow sales, possession, and consumption of alcoholic beverages at sidewalk cafes which are properly permitted; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 6.31, Code of Ordinances, City of Clearwater, is hereby amended to read as follows: 6.31 Prohibited acts. * * * * * (4) It shall be a violation for any person to sell or consume any alcoholic beverage, or to possess any opened or unsealed container containing an alcoholic beverage, at the following places, except pursuant to an alcoholic beverage special event permit issued under the provisions of section 22.88 through 22.92 or pursuant to a sidewalk cafe permit issued under the provisions of section 3-201 C. of the Land Development Code: (a) On any public beach. (b) On or in any public street, alley, sidewalk, parking lot or right-of-way, including but not limited to unimproved public street rights-of-way terminating at a body of navigable water. (c) In any public park. For the purposes of this subsection, the term "park" shall mean all parks Ordinance No. 7074-03 * . . and athletic fields, and all grounds used by the city for park or playground purposes, including Jack Russell Stadium and the Clearwater Country Club Golf Course when the sale or consumption of alcoholic beverages has been authorized by the terms of any lease or other agreement approved by the city commission. (d) In any public building, except in any portion of a public building when rented to private parties. This prohibition shall not apply to the Performing Arts Center and Theater. (e) On any portion of the Courtney Campbell Recreation Area as defined in section 22.21. * * * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: i ,~._, , ~.. -:J/ J ' i; ~/~>" ~) '_ .>.~ . .. c (/. '~l .. f-~(( Leslie K. Dougall.i~1 es Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7074-03 I'i iZ-Le', 02- PROVIDING AN EFFECTIVE DATE. WHEREAS It is hereby found and declared: (3) That the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment. (4) That there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas. (5) That the establishment of sidewalk cafe zones, permit conditions and safety tandards is n~ protect and promote the general health, safety, and elfare of the~e~arwater. ~ ) That the issuance of a sidewalk cafe permit Shall~onstitute nor shall it be construed to constitute a vacation or abandonment the City of its interest in the right-of-way or any easements contained therein; ow, there 0 , ~ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ~ 1. Sidewalk Cafe Perl)1it and Fee.:; ; 3-~ 1 C.I. {o Iae ~cr er::L It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk or public right-of- way without a permit as provided by this article. Sidewalk cafes shall be permitted only within the Downtown and Tourist zoning districts. A sidewalk cafe permit shall b~f"~to use the sidewalk and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk. (1) Each permit shall be effective for one year from October 1 until September 30, and must be renewed annually with the approval of the City. f~~ ~~ ~2l " ~t-'~LlkjJ~ ~L u~A ~~ fY\.A..y\ ) / l) ~ --6rdinance No. -01 ~S)-l~~~ . . ' (2) The annual permit fee for establishing or maintaining a sidewa cafe s II b~ ~ Amend Appendix A of Code]. ~~ If' - (3) The permit fee shall be paid on or before October 1 and sh ver t~e period from JV1 . October 1 through September 30 of the following calendar year. For a permit issued afte~....l J--.-' 1>\0.,.; October 1 and before September 30, the permit fee will be prorated on a per month basis. An~\ ~~ . porti~n of a mo th shall be considered a full month for the purposes~ oalculati g thHW~ (\ permit fee ~ .P~ Section, Idewalk Cafe Permit Application. \,\ ~~ (1) A pre-application meeting to discuss the proposed sidewalk cafe and application 0~'- requirements is required with the City Manager's designee. (2) A completed application for a sidewalk cafe permit shall be submitted to the City's Development Services. The application shall include, but not be limited to, the following information: . ~ . (a) Name, address an~Phone number of the applicant; ~ \Jl.v.I: j (b) Name and address of the subject, permitted business establishment; (c) A copy of a valid City of Clearwater occupational license to operate the business establishment, the subject of the application; (d) Written approval from the owner of the building in which the permitted business established is located; ~ (e~ A C?py of current certificate of}nsurance in the amounts and categories required by / this article; I::::.)b ~ bU' IrI...cy ~'b ~/ (f) A drawing (~ showing the laYOut~ dimensions ~si!walk, ~ sidewalk cafe area and adjacent private propertl.~;~posed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, railings, decorative chains and any other fixture, structure or obstruction either existing or proposed within the sidewalk cafe; (g) Photographs, drawings or manufacturers' brochures fully describing the appearance, color, and materials of all proposed tables, chairs; umbrellas, awnings, canopies or other fixtures related to the sidewalk cafe. (h) Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the right of way. (3) Permits will be granted at the time of application if all conditions set forth in this article are satis' d. tandards and Criteria for Application Review. 2 Ordinance No. . . The following standards and criteria shall be used in reviewing the application: I /16 ~1) Permits shall be issued only to persons who hold valid occupational licenses for a business O' - ~stablishment and who wish to provide tables and chairs on the sidewalk(s) abutting the subject establishment for use by the general public. ~2) Sidewalk cafes are restricted to the sidewalk frontage of the subject business establishment ~ m to which a permit has been issued or such other area as approved by the City Manager or ~ '\I - his/her designee. ~ (3) Sidewalk cafes shall be located in a manner that promotes efficient and direct pedestrian movement. A minimum of one unobstructed pedestrian path at least four feet wide shall be maintained at all times. In areas of congested pedestrian activity a wider pedestrian path may be required. Access to fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. (4) The perimeter around the sidewalk cafe area may be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. ~ (5) Tables, chairs, umbrellas, canopies, awnings and any other fixtures shall be of good design and shall be made of quality materials and workmanship to ensure the safety and convenience of users and to enhance the visual quality of the urban environment. (6) No tables or chairs will be permitted within the site visibility triangle of a street intersection or driveway [reference section]. (7) The permit applies only to the sidewalk cafe area, related uses on private property are governed by other regulations. Section 4. Conditions of sidewalk cafe permit. -. Sidewalk cafes permitted under this article shall be subject to the following conditions: ~1) The permit shall be issued to the permittee and shall be transferable only with the prior written approval of the City Manager or his/her designee. ~ I (~) The City of Clearwater may require the temporary removal of sidewalk cafes by the vpermittee when street, sidewalk, or utility repairs necessitate such action or when it is tM necessary to clear sidewalks. The permittee shall be responsible for removing all sidewalk cafe fixtures at least two days prior to the date identified in writing by the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (3) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situation he City, its officers, agents and employees shall not be responsible for any damages or los of sidewalk cafe fixtures relocated during emergency situations and shall not be resp nsible for any costs associated with the removal or the return and installation of any sidewalk ca e fixtures. Ordinance No. . e specifically limited to the sidewalk cafe area identified in the (5) The permittee shall ensure that the sidewalk cafe does not interfere with or limit the free unobstructed passage of sidewalk users in the approved pedestrian path. (6) Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with a sidewalk cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. (8) Tables, chairs, awnings, canopies, umbrellas and any other decorative material shall be fire- retardant or manufactured of fire resistant material. (9) No tables, chairs or any other fixtures used in connection with a sidewalk cafe shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture. (10) The sidewalk cafe area, the area extending from the sidewalk cafe area to the street, and five feet beyond either end shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day. (11) The opening and closing hours of sidewalk cafes shall not extend beyond the hours of operation for the subject business establishment holding the sidewalk cafe permit. (12) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use. Alcoholic beverages must remain in the designated sidewalk cafe area. [Reference Section to Amend?] ~ ck cD 011 d V. ~ 1 ( (13) No food preparation shall be ~on the sidewalk. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the sidewalk cafe area. (14) The permittee is responsible for repair of any damage to the sidewalk caused by the sidewalk cafe. The repair shall be made to City standards and within a reasonable timeframe. .A~15) Tables or chairs shall not be placed within four feet of bus stops, taxi stands, telephone \.,.61'Y"' booths, fire hydrants, or counter service windows nor within two feet of any building entrances and/or exits. (16) City shall have the authority to secure or remove fixtures and other items associated with the sidewalk cafe if necessary in the interest of public safety. (17) Permittee shall meet all other City, county and state regulations, laws or ordinances. $.ection 5, Liability and Insurance. Pu fpU.U ~r (jJN /.,;i (1) By use of any permit granted hereunder'\he permittee agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permittee shall enter into a written agreement with the City to evidence this indemnification. 4 Ordinance No. . . Such agreement must have the written approval of the City Attorney prior to issuance of a permit. he permittee shall furnish, pay for, and maintain during the life of the permit with the City: ()~ y{) a. Comprehensive General Liability insurance on an "occurrence" basis in an amount (Jf7~ ~ \ not less than $500,000 combined single limit Bodily Injury Liability and Property Damage cJ..AJw Liability. The City is to be specifically included as an additional insured on the policy. ~ b. Workers' Compensation insurance applicable to its employees, if any, for statutory ~ coverage limits in compliance with Florida laws, including Employers' Liability which meets all state and federal laws. 3) The Permittee shall provide the City with a certificate or certificates of insurance showing the .p existence of coverages required by this Permit. The Permittee will maintain these coverages with a current certificate or certificates of insurance throughout the term of the permit with the City. When specifically requested by the City in writing, the Permittee will provide the City with certified copies of all polices of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided the City whenever any policy is renewed, revised, or obtained from other insurers. All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. Section 6. Revocation and Suspension of Permits - ...,-- The approval of a sidewalk cafe permit is conditional at all times. Revocation of permits shall be in accordance with [reference section]. -Nb Ct:~nvh0 ~ (~M Vli{,.~ kirQ) ~h~r~~~J'~~id~ a~~ ~t2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: 5 Ordinance No. !" . CDB Meeting Date: Case: Agenda Item: December 17, 2002 T A2002-~ J J 00 I ~ . ~ .~ ~ ------ PLANNING ~ "E~~i~~:~~~~~:~I: ",J?!T~'l ~ON'" STAFF REPORT REQUEST: Amendments to the Community Development Code relating to sidewalk cafes located on public sidewalks - Ordinance No. . INITIA TED BY: City of Clearwater Economic Development and Housing Department BACKGROUND INFORMATION: As the City sf CI@arwaier experiences renewed int~t from restaurant owners to locate eating establishments on Clearwater :Beach and )'owntown Bye t9 ~ig}:lificaRt pyslic ,-capital improvements, t' s he need to address outdoor seating on the public right-of-way (i.e. sidewalk ca es in a comprehensive way. ^ ^ Sidewalk cafes provide a unique environment for relaxation and food consumption that encourages additional pedestrian traffic and promotes more downtown and beach activity and redevelo ment._ ]'hese gQ~l~u_and objectives are consistent with~ch by D~as ~ well as the w town Redevelo ment - Because there ~ a high intensity of development in th Downtown and )Tourist ,~, zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, the City needs to provide an opportunity for outdoor seating to be located on sidewalks in the public righ~fi\'ay to further its redevelopment goals. In developing a sidewalk cafe ordinance for the City, staff researched sidewalk cafe ordinances from neighboring cities including St. Petersburg, Tampa, Ft. Lauderdale, and Winter Park. Research included interviews with these cities to determine which components have worked well. The proposed sidewalk cafe ordinance outlines standards and criteria that were developed in conjunction with comments and discussion from various departments including Planning, Development Services, Legal, Risk Management, Economic Development and Housing, and Engineering. ANAL YSIS: The proposed sidewalk cafe ordinance calls for business establishments serving and/or selling food and beverages to apply for a permit to establish and operate a sidewalk cafe. ...P" g~ 1 c;~:':r"""'n;n,"c::=~D~d.tfipt:; _ ~ ~1, U:Z- ~1/Jl!tl-I'f%..i " . . The permit will be associated with a fee and renewed annually. AE~t:tion meeting is required to discuss the proposed sidewalk cafe, applicaf n requirements, and conditions of the permit. The application will be submitted to Development Servicestlu1 r and a permit will be issued if all conditions have been satisfied. .- U' The main components of the ordinance can be summarized as follows: · Pre-Application Meeting and Review-A pre-application meeting to discuss the proposed sidewalk cafe and application requirements is required with the City Manager's designee. The designee will facilitate the review process by ...~'~~/ the application to departments that will require review and ~ 6 · Application ;S~ttal and perrW(-A complete application will be submitted tdDevelopment Services~An annual permit will be issued for a fee of $120. The permit will be in force from October 1 through September 30 of the following year and can be renewed annually. · Minimum Pedestrian Path-A minimum of 4 feet will be maintained at all times to allow unobstructed pedestrian pathways along the sidewalk. In congested pedestrian areas, this minimum width may be increased. . Delineation of Perimeter-The edge of the sidewalk cafe area may be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. · Alcohol Allowed-With a valid alcohol license from the State of Florida, alcoholic beverages are allowed for consumption on premises in connection with a restaurant use. However, alcoholic beverages must remain in the designated sidewalk cafe area. An amendment to the code pertaining to open containers will be required as part of this text amendment. . Design-Tables, chairs, umbrellas, canopies, awnings and any other fixtures shall be of good design and shall be made of quality materials and workmanship to ensure the safety and convenience of users and to enhance the visual quality of the urban environment. . Maintenance of Sidewalk Cafe-The sidewalk cafe area, the area from the sidewalk cafe to the curb, and five feet beyond either end will need to be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day. . Safety-The City may require the temporary removal of sidewalk cafes when street, sidewalk, or utility repairs necessitate such action or during any emergency situation. Page 2 Sidewalk Cafe Ordinance/Staff Report . . . · LiabiIity-A written agreement with the City is required where the permit holder agrees to indemnify, defend, save and hold harmless the City from all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. · Insurance-Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 is required. The City is to be specifically included as an additional insured on the policy. CRITERIA FOR AMENDMENT: Code Section 4-601 specifies the procedures and criteria for reviewing amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below please find a selected list of goals and policies from the Clearwater Comprehensi ve Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. . Policy 2.1.1 - Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation and/or catalytic projects, as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plan. . Policy 2.1.2 - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of-way when appropriate, transportation improvements, inter-beach and intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. Page 3 Sidewalk Cafe Ordinance/Staff Report to . . The proposed text amendments creating a sidewalk cafe use in the "T" and "D" zoning districts are consistent with the following purposes of the Code: . Section 1-103(A) - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city; . Section 1-103(E)(2) - Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city; and . Section 1-103(E)(3) - Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They also further the original redevelopment goals that established the Code. This text amendment serves to clarify and provide standards and criteria for developing sidewalk cafes in the public right of way. The text amendment also strives to improve community aesthetics through the regulation of sidewalk cafes. The standards and criteria for developing sidewalk cafes ultimately promote economic development and maintain high standards for development, which are essential in a community undergoing redevelopment. The Planning Department Staff recommends APPROVAL of Ordinance No. xxxx-03 which makes revisions to the Community Development Code. Prepared by: Geraldine Campos ATTACHMENT: Proposed Ordinance No. xxxx-03 Page 4 Sidewalk Cafe Ordinance/Staff Report t 3 "-- . ) 6V~ E NO. 7073-03 E1JtdtZ AN ORDINANCE OF THE CITY OF CLEARWATER RELATING TO S K CAFES LOCATE PUBLIC SIDEWALK ; AMENDING COMMUNITY DE LOPME CODE ~I 8-102, EFINITIONS; AM NDING COMMUNITY DEVELOPMENT CODE SECTION 3-201' ING FOR" CAFE PERMITS AND FEES; PROVIDING FOR P L1CATIONS AND STANDARDS AND CRITERIA FOR APPLICATION REVIEW; PROVIDING FOR CONDITIONS OF SID5wALK CAFE PERMITS; PROVIDING BILlTY AND INSURANCE; PROVIDING FOR PERMIT REVOCATION; AMENDIN APPENDlX.A ODE OF ORDINANCES TO PROVIDE FOR PERMIT FEES; PROVIDING AN EFFE ATE. AN ORDINANCE OF THE CITY OF CLEARWATER RELATING TO ALCOHOLIC BEVERAGES; AMENDING CODE OF ORDINANCEs<SECTION 6.3~PROVIDING AN EXCEPTION TO CERTAIN SALES, POSSESSION, CONSUMPTION, AND OPEN CONTAINER PROHIBITIONS FOR PORTIONS OF PUBLIC SIDEWALKS USED FOR SID['vVAlK CAFE PURPOSES BY BUSINESS ESTABLISHMENTS WHICH HAVE OBTAINED CITY PERMITS FOR SUCH OPERATIONS; PROVIDING AN EFFECTIVE DATE. \' ~ ().e ~~ I J8,o4t \ From: Sent: To: Subject: · ~U;\ft.S- ~~ 1IW~ Tarapani, Cyndi II ! z..'7 / ~~ff" Tuesday, November 12, 2002 12:46 PM /"f 1! A ~ Lfl I I Fierce, Lisa l /) G /Vf'l/C-#./ l RE: Clearwater Sidewalk Cafe Ordinance--Draft for Comments/Discussion ~ ~ /1J1 tn~ I beli~ve that she intends for ~he review by the world to be in lieu of drc discussion-wh~ EJ}y~o~k if .sh.e-follows up with the staff. see my earlier message re scheduling, staff report, etc. thanks. VI' I ~ . tV -----Original Message--m t/ cur? From: Fierce, Lisa { 7 10 /" , Sent: Tuesday, November 12, 2002 10:02 AM . { ~ To: Tarapani, Cyndi Subject: FW: Clearwater Sidewalk Cafe Ordinance--Draft for Comments/Discussion Fierce, Lisa geri wants this to go to cdb in december; it has not been scheduled for drc - there may be a bunch of interested folks in on this one Lisa L. Fierce Assistant Planning Director City of Clearwater - Planning Department Ifierce@clearwater-fl.com 727.562.4561 phone 727.562.4865 fax -----Original Message--m From: Campos, Geraldine Sent: Friday, November 08, 2002 6:07 PM To: Stone, Ralph; Tarapani, Cyndi; Wells, Wayne; Fierce, Lisa; Clayton, Gina; Owens, Reginald W.; Garriott, Kevin; Kronschnabl, Jeff; Dougall-Sides, Leslie; Akin, Pam; Kephart, Richard; Quillen, Michael; Arasteh, Mahshid; Bertels, Paul; Williams, Dewey; Hays, Robert; Colbert, Joseph; Kurtz, Timothy M.; Walton, Sharon; Green, Anne Cc: Harriger, Sandy Subject: Clearwater Sidewalk Cafe Ordinance--Draft for Comments/Discussion Hi all: As you are probably aware, our current Community Development Code does not address outdoor seating in the right of way (sidewalk cafes) in an effective way. As we near completion of the Mandalay Streetscape and as more restaurants gear up for the Spring Break period, we wanted to have a Sidewalk Cafe Ordinance in place to respond to this need in Downtown and at the Beach. As a first step, I have prepared a draft ordinance, attached, that lays out the guidelines and standards for comments and discussion. I used as a base for this ordinance the development order that Wayne Wells completed for outdoor seating on Cleveland Street and ordinances from St. Pete, Tampa, Ft. Lauderdale, and Winter Park. I also met with Leslie Dougall-Sides to make sure I captured the most important elements. During the following week, I would appreciate it if you could review and send me any comments on the draft. The next step will be to schedule a meeting (before Thanksgiving) to discuss the main elements and any issues/questions on the draft (some of these items are bolded throughout the document). If appropriate, we would like the ordinance to go before the Community Development Board on Dec. 17, 2002 and the City Commission on Jan 23, 2003. Please let me know if you have any questions. Thank you, Geri Campos << File: Clearwater Sidewalk cafe ordinance.doc >> Geraldine Campos 1 ~ .~? Comments on Prol!osed Sidewalk Cafe Ordinance - Wayne Wells 1l!l8/~ ~ S? 1. Proposal needs to be in ordinance form. P- W 2. There presently exists in Section 3-201.C provisions for "Outdoor Cafes." The proposal is for "Sidewalk Cafes," which is presently covered under the present "Outdoor Cafes," but is lacking in requirements and guidelines. It makes more sense to revamp Section 3-201.C liLdeal with Outdoor cafes in !he C, D_~_d. T Dist~!s_ (wh~rG J)l1~riv:ate-Pl:QP~rtYl....and then deal with Outdoor Cafesln.lheD and T Districts (where on public property/sidewalks). The rules should govern both from the general standpoint, because Starbucks on Cleveland and the proposed Outback Restaurant on Mandalay have/will have Outdoor Cafes on private property (these two examples are within the D and T Districts). Definitions should be placed within Article 8, Definitions, rather than somewhere else. Permits/Occupational Licenses for Sidewalk Cafes should be part of the Occupational License process, with submission of updated documents (insurance, etc.) at time of Occupational License renewal. Need to deal with allowance of alcoholic beverages (within public spaces) and may need to have a definition of "Licensed Premises," dealing with consumption of alcoholic beverages in Outdoor Cafes. There are parking provisions for Outdoor Cafes in the Code. This proposal does not deal with such. - Fees for Outdoor Cafes on public property/sidewalks should be part of the Occupational License Fee schedule (where there is also half year fees). Fees should not be prorated based on when they want to start. ~ Application should be made to Development Services as like with many development proposals, with review by certain departments (Planning, Traffic, General Engineering, Permitting, etc.). Outdoor Cafe Occupational License may be approved if compliance with all provisions are met. Width of unobstructed pedestrian path should be at least six feet (not four feet as proposed). The proposal includes "in areas of congested pedestrian activity a wider pedestrian path may be required," which is open-ended. Who or what department is going to be strapped with making such determination? Set a distance that everyone in the City can agree to and be done with it. The dimension should consider the width of all sidewalks within the D and T Districts (ie: not all locations will meet provisions that are adopted). Do we want any type of reduction ability and, if so, by whom and through what process? Do we want to require delineation of the Outdoor Cafe with nonpermanent or permanent fixtures? Anchoring of fixtures (tables, chairs, railings, etc.) should be approved by the Building Department, with additional approval by the Engineering Department when out in the public right-of-way. Within the public right-of- way, who is determining that the sidewalk is level enough or is constructed I - . ~ 4. 5. (j) 6;) 8. 9. 10. e 12. . Page 1 ~ (J 15. 16. 17. (!i? ~ w 6) . . 13. with materials that will provide for permanent anchoring? Should require ~ pre-inspection by Building and/or En ineering prior to submission. e case 0 t e proposed Outback Restaurant on Man a ay venue, the tables and chairs are going to be of heavy wrought iron or similar material construction, with their weight enough to resist being blown around by any wind. They do intend to move all tables and chairs inside in the case of an extreme wind event (hurricane). Need to deal with this circumstance. "Conditions of sidewalk cafe permit" (2): Reasons would be for utility or sidewalk repairs or for parades. "Conditions of sidewalk cafe permit" (4): May need to use the term "Licensed Premises" that also would deal with consumption of alcoholic beverages. "Conditions of sidewalk cafe permit" (8): Why fire retardant or fire resistant? "Conditions of sidewalk cafe permit" (12): The kitchen should be open and operating, with all items on the menu available, when the outdoor cafe is open and operating. "Conditions of sidewalk cafe permit" (17): The permitting of a menuboard should be handled under the Sign Section of the Code, not here. Umbrellas, chairs, tables, etc. shouldn't have signage. Hold harmless agreement must be in a form acceptable to the City Attorney (attach to application - fill in the blank type). Liability insurance should be $500,000 for each occurrence, except if there is alcohol, where it should be $1,000,000 per occurrence. Cam::ellation~ of insurance by permittee should require notice to the City by_the insurance age!lCJl..---- Revocation and suspension should be as for any other Occupational License. 14. Review of this or whatever ordinance should be with all Planning Staff that will need to deal with it BEFORE it gets too far. Observation of Code amendment process doesn't provide for sufficient staff input prior to being sent to the CDB and for adoption by the City Commission. Page 2 . . Fierce, Lisa Subject: Dittmer, Arden Friday, November 15, 2002 8:52 AM Fierce, Lisa; Wells, Wayne; Kephart, Richard; Schodtler, John; Parry, Mark; Mariano, Marc; Clayton, Gina RE: Clearwater Sidewalk Cafe Ordinance--Draft for Comments/Discussion From: Sent: To: Something else to consider is the outdoor seatin in all other zoning districts where restaurants are ermitted as well. With the new non-smoking ordinance many restaurants are see Ing ou Sl e seating. t elr site oes not accommodate this on their property, and it would encroach into a ROW, we may want have a provision for this, or we may start loosing some businesses in the City. Maybe we allow a reduction in required parking for outdoor seating as an alternative? Arden Dittmer Development Review Specialist City of Clearwater (727)562-4567 ext.2563 -----Original Message----- From: Fierce, Lisa Sent: WedneSday, November 13, 2002 8:40 PM To: Wells, Wayne; Kephart, Richard; Schodtler, John; Dittmer, Arden; Parry, Mark; Mariano, Marc; Clayton, Gina Subject: FW: Clearwater Sidewalk Cafe Ordinance--Draft for Comments/Discussion i am attending a meeting about this on monday late afternoon (11/18). all printed comments on my chair by 3:25 pm are welcome Lisa L. Fierce Assistant Planning Director City of Clearwater - Planning Department Ifierce@clearwater-fl.com 727.562.4561 phone 727.562.4865 fax -----Original Message----- From: Tarapani, Cyndi Sent: Tuesday, November 12, 2002 12:06 PM To: Campos, Geraldine; Stone, Ralph; Wells, Wayne; Fierce, Lisa; Clayton, Gina; Owens, Reginald W.; Garriott, Kevin; Kronschnabl, Jeff; Dougall-Sides, Leslie; Akin, Pam; Kephart, Richard; Quillen, Michael; Arasteh, Mahshid; Bertels, Paul; Williams, Dewey; Hays, Robert; Colbert, Joseph; Kurtz, Timothy M.; Walton, Sharon; Green, Anne Harriger, Sandy RE: Clearwater Sidewalk Cafe Ordinance--Draft for Comments/Discussion Cc: Subject: Just wanted to notify you all about scheduling the ordinance for the CDB review. To get on the December COB, the ordinance will have to be drafted in fairly fmal form to have a title to advertise. The ordinance must be at the Clerk's office no later than Nov. 20. Of course, prior to that date, we all need to agree on the major provisions that will affect the title of the ordinance. Geri and Reg- I would appreciate hearing if you intend to make that schedule so we can add this to the CDB agenda. Also, Geri and Reg-I am assuming that you will be preparing the staff report. Through this e-mail, I am asking Gina to send you the format and a previous report on code amendments so you have something to work from. We need to talk about the timing of this-we have deadlines on the mailout of the agenda to the Board. I would be happy to discuss it further Witll you. Thanks. -----Original Message----- From: Campos, Geraldine Sent: Friday, November 08, 2002 6:07 PM To: Stone, Ralph; Tarapani, Cyndi; Wells, Wayne; Fierce, Lisa; Clayton, Gina; Owens, Reginald W.; Garriott, Kevin; Kronschnabl, Jeff; Dougall-Sides, Leslie; Akin, Pam; Kephart, Richard; Quillen, Michael; Arasteh, Mahshid; Bertels, Paul; Williams, Dewey; 1 I . . '!s!'phart, Richard From: Sent: To: Subject: Kephart, Richard Tuesday, November 12, 200212:04 PM Wells, Wayne; Clayton, Gina; Tarapani, Cyndi FW: Clearwater Sidewalk Cafe Ordinance--Draft for Comments/Discussion Here is a very rough outline of areas/issues that should be considered in the ordinance. I am sure that other areas need to be considered. eed to identify who inspects the sidewalk prior to issuing a permit to ensure that the sidewalk is not is such disrepair a 't can safely contain an outdoor cafe. ho pays for any repair to sidewalk prior to issue of permit? . Are outdoor displays allowed on tables, chairs, etc. that are not sold on premises, artwork, or other items. . Permit should be valid from date of issuance, not October 1, to September 30. Could even tie into OCL. ~ four feet pedestrian path adequate for ADA. eed to define what congested areas are. 7 Fire department needs to be involved in what fixtures are allowed in the sidewalk cafe area. 8. Need to incorporate acceptable outdoor cafe tables, chairs, umbrellas, canopies, awnings and other fixtures within ~sign guidelines. ~Need to state that alcoholic beverages must remain within the designated outdoor seating area with designated signage next to entrance/exit area (NO ALCOHOL BEYOND THIS POINT) 10. Need to establish how high signs must be for menu boards with no alcohol signage. ep>. Shouldn't insurance be valid at all times? If insurance is cancelled then no sidewalk cafe can be allowed. Ordinance Identifies for following year. ~ (3" II IIU1 .ity DevelopFl9ont CooPdinator should have the right to @VOt~~Sidewalk permit if ownership does not follow requirements of the permit. This should be immediately carried out WI out appeal. 13. Who actually issues permit and when? The zoning counter if all requirements are met, or approval through public hearing process? ~ow do you deal with businesses that share entrances. Are we going allow people to walk out of the business and then walk into an outdoor sidewalk cafe. Seems that only businesses that have entrances that require patrons to enter and leave through the sidewalk cafe should be allowed. ~j;~ Clearwater iidewalk cafe ordin.. -----Original Messagenn- From: Campos, Geraldine Sent: Friday, November 08,20026:07 PM To: Stone, Ralph; Tarapani, Cyndi; Wells, Wayne; Fierce, Lisa; Clayton, Gina; Owens, Reginald W.; Garriott, Kevin; Kronschnabl, Jeff; Dougall-Sides, Leslie; Akin, Pam; Kephart, Richard; Quillen, Michael; Arasteh, Mahshid; Bertels, Paul; Williams, Dewey; Hays, Robert; Colbert, Joseph; Kurtz, Timothy M.; Walton, Sharon; Green, Anne Cc: Harriger, Sandy Subject: Clearwater Sidewalk Cafe OrdinancenDraft for Comments/Discussion Hi all: As you are probably aware, our current Community Development Code does not address outdoor seating in the right of way (sidewalk cafes) in an effective way. As we near completion of the Mandalay Streetscape and as more restaurants gear up for the Spring Break period, we wanted to have a Sidewalk Cafe Ordinance in place to respond to this need in Downtown and at the Beach. As a first step, I have prepared a draft ordinance, attached, that lays out the guidelines and standards for comments and discussion. I used as a base for this ordinance the development order that Wayne Wells completed for outdoor seating on Cleveland Street and ordinances from St. Pete, Tampa, Ft. Lauderdale, and Winter Park. I also met with Leslie Dougall- Sides to make sure I captured the most important elements. During the following week, I would appreciate it if you could review and send me any comments on the draft. The next step will be to schedule a meeting (before Thanksgiving) to discuss the main elements and any issues/questions on the draft (some of these items are bolded throughout the document). If appropriate, we would like the ordinance to go before the Community Development Board on Dec. 17, 2002 and the City Commission on Jan 23, 2003. 1 ~ . . Please let me know if you have any questions. Thank you, Geri Campos Geraldine Campos Assistant Director of Community Redevelopment City of Clearwater (727) 562-4023 (727) 562-4075 Fax gcam pos@clearwater-fl.com 2 . . DEVELOPMENT STANDARDS , 2. The accessory use and structure is subor- dinate in area, extent, and purpose to the principal use. 3. The accessory use and structure contrib- utes to the comfort, convenience or use of the principal use. 4. The accessory use and structure is located on the same property as the principal use and located behind the front edge of the principal structure. 5. The accessory use(s) and structures, un- less otherwise allowed as a permitted use in the zoning district, shall not cumula- tively exceed ten percent of the gross floor area of the principal use. Such structures may be permitted up to 25 percent of the gross floor area of the principal use through a Level One (flexible standard) approval process. Gross floor area of the principal building includes the floor area of any attached garage or carport. 6. The accessory use may be located in a separate building, provided that such build- ing complies with all the development standards in Article 3. 7. The use complies with each and every development standard applicable to the principal use to which the accessory use is accessory. 8. No accessory structure shall exceed 15 feet in height in any residential zoning district and no more than the allowable height for the principal use in any nonres- idential zoning district. Such structures may be permitted up to 20 feet in height in the residential zoning districts if ap- proved through a Level One (flexible stan- dard development) approval process. 9. Canvas, or other similar materials, shall not be allowed as a permitted material for any accessory structure. 10. In-ground pools that are 12 inches or less above grade shall be classified as an ac- cessory structure. In-ground pools that are greater than 12 inches or more above grade shall be classified as a principal structure. Stipp. No. G ~ :l.201 11. Exemptions. a. A two car detached garage shall be exempt from the percentage require- ments specified in Section 3-201(B)(5) above provided there is no other park- ing garage located on the si te. b. Swimming pools and spas shall not be included when calculating the amount of permitted accessory URCS/ structures on a site. C. Outdoor cafes. Outdoor cafes or other out- door food service facilities which are subordinate to a restaurant la.~ re emitted as accessory uses in the C, D, T an'l/Y .L.Iistricts, provided that: 1. Any outdoor service are in excess of 25 percent of the floor area of the principal restaurant to which the outdoor area is accessory shall be considered as floor area in determining the number of required off-street parking spaces for the principal use. 2. Any outdoor service area located within a required setback and is located on paved or other hard surface, improved area with a definable edge. 3. If the proposed outdoor service area in- cludes public land, the location of tables. chairs and other equipment shall not un- reasonably interfere with the movement of pedestrians or vehicles and shall be approved as a Level One Approval in accordance with the requirements of Arti- cle 4 Division 3. 4. No amplified music provided to the pa- trons of any outdoor service area shall be identifiable in terms of the meaning of words or the melody of the music. at a distance of 100 feet in any direction from the outdoor service area when sustained wind velocity is less than 15 miles per hour; and 5. The hours of operation are coincident with the hours of operation of the principal restaurant lIse. C 3:9 . I. ." , .(6. . 6 pmnr WZfJJW +0 WwAJP~ ~ {}/J. DRAFT City of Clearwater Sidewalk Cafe Ordinance Article 3. Division 24. Declaration of Necessity and Intent. It is hereby found and declared: (1) That there exists the need for outdoor eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption. ~ ~ ~ (~ (3) That the existence of sidewalk cafes encourages additional pedestrian traffic to these r.~ " areas and encourages more downtown and beach activity and redevelopment. .m A, . ,,~( 4) That there is a need for regulations and standards for the existence and operation of V1r~~ ; ~ I sidewalk cafes to facilitate and ensure a safe environment in these areas. (5) That the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general healt~ safety, and welfare of the residents of the City of Clearwater. ~J1) cwy~ cUfJ ~ (2) That because of the high intensity of development in the Downtown "D" and Tourist "T" zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way. (6) That the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right- of-way or any easements contained therein. Definitions.1JP!'1h ( l3 ,l 0 z... ) For the purposes ofthis article, the following words and phrases shall have the meanings respectively ascribed to them by this section: (1) Permittee means the holder of a valid sidewalk cafe permit under the terms and I provisions of this article. (2) Sigew~lk means that portion of the street right-of-way between the curb lines or the lateral line of a road way and the adjacent property lines intended for use by pedestrians. /'lH4'o./Oa ~!~ CD . . . ~#I~t#'~ ~~~jf1vL . ~) Sidewalk cafe means a use located on a sidewalk that is associated with a business ~ vll ~ ~CMm,li3hmentserving and/or selling food including beverage products and is located in oY~y the abutting building. Sidewalk cafes characterized by tables and chairs and may be shaded by awnings, canopies or umbrellas. thw~ '(!;D (4) Sidewalk cafe area means the area calculated by multiplying the frontage of the ~imes the width of the sidewalk less such area as is reserved for the unobstructed pedestrian walkway or such other area as is approved by the City for use as iL~~~af~~ + (<> ck~ ~ Sidewalk Cafe Permit and Fee. It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk or public right-of-way without a permit as provided by this article. Sidewalk cafes shall be permitted only within the Downtown and Tourist zoning districts. A sidewalk cafe permit shall be a license to use the sidewalk and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk. 1 ~ (1) Each permit shall be effective for one year from October 1 until September 30, and .I t1 01 must be renewed annually wit: th=c't~:~cii4 ~f14l^ ~ ~ - :if: (2) The annua permit fee estaolishing or mafutihlifig a sidewalk cafe shall be tz..M;v,t~~ established by' mmission resolution--Check]. . UO .-. "'-.., (3) The permit fee shall be paid on or before October 1 and shall cover the time period IlO II.~ from October 1 through September 30 ofthe following calendar year. For a permit issued IT~.t after October 1 and before September 30, the permit fee will be prorated on a per month ~g basis. Any portion of a month shall be considered a full month for the purposes of . calculating the prorated permit fee. [Check with Permits] ~ Sidewalk Cafe Permit Application. /~ bf ~ ~ J7JCy ?Pn/J4U~ (1) An application for a sidewa~t shall be made to [Check with Permits]. / . Suc~cation shall md~~ ~ limitprf to, ~l1owing inforrnatwn: ~/6 I J1 t7~/;. /0 ~ ~ ~.;. ~~'pI/<.:. (JUie ~ f:j:.;J (I-} NaIR , 80<1 lolepke"ol'emIlor "r t!Il> _tie.".; , ~ $y~ (2) Name and address of the abutting, :germitted bysmc,bs establishmem; ~/h -t4~7a:er ? ~- (3) A copy ofa valid City of Clearwater occupational license to operate the ~/ W oos~eii~ elltibliiihme,nt abutting the sidewalk cafe which is the subject of the apphcatIon; (4) Written approval from the owner ofthe building abutting the proposed sidewalk. ,cafe; tI!~~ ~.. o"',l. II,/'.. ,n .t A / ~ . ,1"'" "'" J:;bv It- O"~{\/ . '. J l ~~k col1~t.,. ~ ~D"........ .,..f.... ",~M.9.t" i J\('Y'~ ..JcJf'f~~ -.)+u1,*", ~I ~ ~ ,'/ (}~{ " u XV' L6 ~\~llVVvf'~V~) ..~ ~ /// '~~ U~ '. D4 (fA. ~ 1 . IA' W-;/. // .J l \VO ~ yV~,.qv',& // J;I L L ~'. ,.,-- I:J . . ~~ (5) A copy of current certificate of insurance in the amounts and categories required by this article; V _ IJ. i -1. 'l"JO U~ d Q) t..r " f&CL(\.0...~ (6) A drawing (dr wn to scale) s owing the layout and dimensions of the sidewalk, sidewalk and adjacent private property, proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of . <t' doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, f fP'" railings, decorative chains and any other fixture, struct~e or obstruction either ofltv-I existing or proposed within the sidewalk cafe; (j-t- d l,\.V,)u l~ ~. , (7) Photographs, drawings or manufacturers' brochures fully describing the appearance of all proposed tables, chairs; umbrellas, awnings, canopies or other fixtures related to the sidewalk cafe. CA)l oY ~ --... . ~ U~ -- -' If any table, ral mg, , py or any ot er ure IS to be permanently anchored, such information must be shown on the drawing. ,> l VJ~+' ro .., .( (9) Copy of written approval from the Florida D.epartment of Transportation if {)(.N' ~ . ( right of way is located in FDOT p~)) [Che~l<. wit Plannin2lEngineering \ ~ J- o1l'\V-- .t ~it-tico . (2) The application shall be accompanied by a n e ndable appli WhiC~hSh 11 ~ 3i!tIr be credited toward the first year permit fee if e application is ~ov d. isCUS.I~v::. ~ . (3) Permits will be anted at the time of apph tion if all IOns set fort ~ ~~ . . ~ Standards and Criteria for Application ReVie~~d:,,~~ . rJt) L#'..<< O.r~~ The following standards and criteria shall be used in re lewing the application: ~ lYltk;f/2e; I5V (1) Permits shall be issued only to persons who hold valid occupational licenses for a 1z>J:!-.'dO ~J W ~ and who wish to provide tables and chairs on the sidewalk(s) ~ '7 ) abutting such establishment for use by the general public. V:/ ~~~:wWk~:=~=2~~:.~~=:~~~:::~~y~ . . otnmumty ueveIO~nt<:nt.coor~t~r.~_~~_~ . (3) Sidewalk cafes shall b~-l;~;~~d'ht-~-~er that promotes efficient and direct Ave,,? pedest?an movement: A ~inimum ~f one u~~~~~_!'I_dedpedestri~~path at s four ft:0A. ? ~ fee!;wide shall--be-mamtamed.at.alUnne .(' ~~. . , r lC SIgns an ees r-;;....tOYjlJ, C(PA.- " ~ In areas of congested pedestrian activity a wider pedestrian path . ccess to fire hydrants, fire hose connections for sprinkler systems, and 6J Ieid- . ~~~~c:t~)JI~ )0 /;f'~Mo A'~;:-/? L-l....J4J ~~~~ ./ ,,",v u '7:/(/ l-?'/V/1 M 1-7. ~w~ ~ae tt?3 . d.tlifA.;,. (/11 ~ oi (}'fJv, ~~ 7 yy{)(JNJ I . JJ {"Av-<. f"/J (7 0 n-1!-:- 11'L!1^ b' lobs~~~ entrances and exits of all buildings shall not be obstructed at any time by barriers or vV~/~ seating. [Check with TrafficlEngineers/Fire/Polic~ADA accessibility, etc.] /(tfl . (4) The perimeter around the sidewalk cafe area may be delineated using nonpermanent fIxtures such as railings, potted plants, decorative chains, or other approved fIxtures. The ... permanent anchoring of tables, chao s, umbrellas, . s, canopies, railings or other lI,nlJ fIxtures may be approved by the P OVl ed such anchoring meets al\ w.d (}../ other applicable codes, ordinances and laws and the permittee provides adequate bldt, ~ assurances that the sidewalk will be repaired in a manner consistent with City '~~f'U~ requirements concerning sidewalk repair in the event any permanently anchored fixture is"-.:_ U...___/ removed.~y.XlJal:tfe not Pc.UUa.1lt:ntly (:lIlchou:d ~8.11 be. {CIllO ycd iro.m the s~dl;;yya-lk e~~ ~ I arN. c1nrmg any timE'> ~ewalk cafe vi abutting business eEtablishment is IlQt _A ..(..--1l'" open for hllQ~8f!dDiscuss] ~ att.jJJifyJp;' tf/Jtht ~JX # II j?JH? --- tt17AUfJ/'trl6 1/ LvI" (5) Tables irs, umbrellas, canopies, awnings and any other fIxtures shall be of.gt10d) - desig d shal made of . a ena s nshi to ensure the safety and enience of users an to enhance the visual quality ofthe urban environmen . . --:> _ 1 I f;(~ <; d~/bJd noD . A"-~ ~ Conditions of sidewalk cafe permit. Sidewalk cafes permitted under this article shall be subject to the following conditions: f},~. permit an" be issued to the permittee and shall be transferable only with the pproval of the Community DeveloP!llent Coordinator. (2) The City of Clearwater may req . e e temporary removal of sidewalk cafes by the permittee when street, sidewalk, utility repairs necessitate such action or when it is . ~ " necessary to clear sidewalks- The permittee shall be responsible for ~(/lUJur-- removing all sidewalk cafe fixtures at least two days prior to the date identifIed ~/ ~ by the City. The City shall not be responsible for any costs associated with the removal or (/' it;)11 the return and installation of any sidewalk cafe fixtures. fZIJJ1,fi (3) The City may cause the immediate removal or relocation of all or any part of the ~ sidewalk cafe or its fixtures in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fIxtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (4) The sidewalk cafe shall be specifIcally limited to the sidewalk cafe area identifIed in the permit. /A'.' '\ ~ c ~~bua /iwHJt~ ~ ~ttaV~ 1!tpJlr e permittee shall ensure that the sidewalk cafe does not interfere with or limit the - free unobstructed passage of sidewalk users in the approved pedestrian path. . (6) Tables, chairs, umbrellas, canopies, awnings and any other fIxtures used in connection with a sidewalk cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. , . . (12)The opening and closing hours of sidewalk cafes shall not extend beyond the hours of . .fr>>.ttI Jllti/';operation for the abutting business establishment holding the sidewalk cafe permit. ~. ~ . <t-~c-d (13) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use. [Discuss this condition: amendment to open container law?) (14) No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the sidewalk cafe area. ~ ~ J-Jl(/ . ~ \Nt'. ()lu ~f tV- -t~~ (15) The permittee is responsible for repair of any damage to the sidewalk caused by th sidewalk cafe. Uj%fi tw/itf2. ~ O?{y - ./?~~ Ii6)j.ables or chairs shall not be placed within four feet of bus stops, taxi stands, kliphone booths, fire hYdrants,. 'fcoVfi1er serv.iC. e. w..in...dOW. s nor.. within two fi.Jt-OfaIlY-_....-........-., building entrances and/or exits. GV ()~ ~___ ._'_ ~____.'"~ _ _ _. __ ItJ!i;?d /c; T.7) ofmorefhanone m~~uboard . we foreach dewalkcafe. he ~L._ .. uboard shall be in compliance ith City C . All signage, e I:!Ic.:t -- fi /U ~ ~:-; menuboard and signage on awnin s, cano' d umbrellas and other fIxtures, mu~~ ~ ~ in .compliance with City co~s ~u a ~g_~g.~ge.1Pis~us~~hi~~()Il.diti ~ t>>t ~ . ------- i?A (18) Permittee shall meet all other City, county and state regulations, laws or rdina~s. ~-1tf!J ~ ~~//I... 170t///~ 0- W . . Liability and Insurance. (1) By use of any permit granted hereunder, the permittee agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permittee shall enter into a written agreement with the City to evidence this indemnifIcation. Such agreement must have the written approval of the City Attorney prior to issuance of a permit. [Check with Legal) (2) The permittee shall acquire and keep in full force and effect, at its own expense, the following insurance requirements for the entire permit period: (a) Commercial general liability insurance in the amount of$l,OOO,OOO per occurrence for bodily injury and property damage by an insurance company licensed to do business in the State of Florida. [Check with Risk Mgmt) (b) The City must be named as an additional insured on this policy and an endorsement must be issued as part of the policy evidencing compliance with this requirement. (c) No insurance coverage or conditions afforded by such liability insurance policy shall be suspended, voided, canceled or modified except after 30 days written notice by certifIed mail return receipt requested has been given to the City's Risk Manager. (d) The permittee must provide and have approved by the City's Risk Manager an original certifIcate of insurance as evidence that the above requirements have been met prior to the permit becoming effective, and with annual renewal of the permittee's occupational license. (e) The insurance requirements described in this article shall be in effect from October 1 until September 30 of the following calendar year. [Check timing with Permits) (f) Workers' compensation and employers liability as required by the State of Florida. [Do we need this?) Revocation and Suspension of Permits Revocation and suspension of permits shall be in accordance with stated City codes. (f) GG'~{S A It/II lov Lf!{ r/ P:)f lA<h . ORDINANCE NO. -01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PROVIDING AN EFFECTIVE DATE. WHEREAS It is hereby found and declared: (1) That there exists the need for outdoor eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption. (2) That because of the high intensity of development in the Downtown "0" and Tourist "1" zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way. (3) That the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment. (4) That there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas. (5) That the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater. (6) That the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Sidewalk Cafe Permit and Fee. It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk or public right-of- way without a permit as provided by this article. Sidewalk cafes shall be permitted only within the Downtown zoning district and Tourist zoning district on Clearwater Beach. A sidewalk cafe permit shall be a license to use the sidewalk and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk. Ordinance No. -01 . . (1) Each permit shall be effective for one year from October 1 until September 30, and must be renewed annually with the approval of the City. (2) The annual permit fee for establishing or maintaining a sidewalk cafe shall be $120. [Amend Appendix A of Code]. (3) The permit fee shall be paid on or before October 1 and shall cover the time period from October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee will be prorated on a per month basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. Sidewalk Cafe Permit Application and Requirements. (1) A pre-application meeting to discuss the proposed sidewalk cafe and application requirements is required with the City Manager's designee. (2) A completed application for a sidewalk cafe permit shall be submitted to the City's Development Services Department. The application shall include, but not be limited to, the following information: (a) Name, address, telephone number, and fax of the applicant (business owner or designee) and property owner; (b) Name and address of the subject, permitted business establishment; (c) A copy of a valid City of Clearwater occupational license to operate the business establishment, the subject of the application; (d) Written approval from the owner of the building in which the permitted business established is located; (e) A copy of current certificate of insurance in the amounts and categories required by this article; (f) A drawing (drawn to scale) showing the layout and dimensions of the sidewalk; sidewalk cafe area and adjacent private property and building showing entrances and exits; proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, railings, decorative chains and any other fixture, structure or obstruction either existing or proposed within the sidewalk cafe; (g) Photographs, drawings or manufacturers' brochures fully describing the appearance, color, and materials of all proposed tables, chairs; umbrellas, awnings, canopies or other fixtures related to the sidewalk cafe. (h) Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the right of way. 2 Ordinance No. . . (3) Permits will be granted at the time of application if all conditions set forth in this article are satisfied. ??? Sidewalk Cafe Permit Requirements. The following requirements shall be met in reviewing the application and before issuing a permit: (1) Permits shall be issued only to persons who hold valid occupational licenses for a business establishment and who wish to provide tables and chairs on the sidewalk(s) abutting the subject establishment for use by the general public. (2) Sidewalk cafes are restricted to the sidewalk frontage of the subject business establishment to which a permit has been issued or such other area as approved by the City Manager or his/her designee. (3) Sidewalk cafes shall be located in a manner that promotes efficient and direct pedestrian movement. A minimum of one unobstructed pedestrian path at least four feet wide shall be maintained at all times. In areas of congested pedestrian activity a wider pedestrian path may be required. Access to fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. (4) The perimeter around the sidewalk cafe area may be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. (5) Tables, chairs, umbrellas, canopies, awnings and any other fixtures/decorative materials shall be of good design made of quality materials and workmanship, be fire- retardant or manufactured of fire resistant material, to ensure the safety and convenience of users and to enhance the visual quality of the urban environment. (6) No tables or chairs will be permitted within the sight visibility triangle of a street intersection or driveway [Section 3-904 of Community Development Code]. Tables or chairs shall not be placed within four feet of bus stops, taxi stands, telephone booths, fire hydrants, or counter service windows nor within two feet of any building entrances and/or exits. (7) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use. Alcoholic beverages must remain in the designated sidewalk cafe area. [Section 6-xxx] (8) No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the sidewalk cafe area. (9) No tables, chairs or any other fixtures used in connection with a sidewalk cafe shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture. (10) The permit applies only to the sidewalk cafe area, related uses on private property are governed by other regulations. General Conditions of sidewalk cafe permit. 3 Ordinance No. . . Sidewalk cafes permitted under this article shall be subject to the following conditions: (1) The permit shall be issued to the permit holder and shall be transferable only with the prior written approval of the City Manager or his/her designee. (2) The City of Clearwater may require the temporary removal of sidewalk cafes by the permit holder when street, sidewalk, or utility repairs necessitate such action or when, at the City's sole discretion, it is necessary to clear sidewalks. The permit holder shall be responsible for removing all sidewalk cafe fixtures at least two days prior to the date identified in writing by the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (3) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fixtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (4) City shall have the authority to secure or remove fixtures and other items associated with the sidewalk cafe if necessary in the interest of public safety. (5) The sidewalk cafe shall be specifically limited to the sidewalk cafe area identified in the permit. (6) The permit holder shall ensure that the sidewalk cafe does not interfere with or limit the free unobstructed passage of sidewalk users in the approved pedestrian path. (7) Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with a sidewalk cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. (8) The sidewalk cafe area, the area extending from the sidewalk cafe area to the street, and five feet beyond either end shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. (9) The opening and closing hours of sidewalk cafes shall not extend beyond the hours of operation for the subject business establishment holding the sidewalk cafe permit. (10) The permit holder is responsible for repair of any damage to the sidewalk caused by the sidewalk cafe. The repair shall be made to City standards and within a reasonable timeframe. (11) Permit holder shall meet all other City, county and state regulations, laws or ordinances. Liability and Insurance. (1) By use of any permit granted hereunder, the permit holder agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permit holder shall enter into a written agreement with the City to evidence this 4 Ordinance No. . . indemnification. Such agreement must have the written approval of the City Attorney prior to issuance of a permit. (2) The permit holder shall furnish, pay for, and maintain during the life of the permit with the City: a. Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. The City is to be specifically included as an additional insured on the policy. b. Workers' Compensation insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including Employers' Liability which meets all state and federal laws. 3) The Permit holder shall provide the City with a certificate or certificates of insurance showing the existence of coverages required by this Permit. The Permit holder will maintain these coverages with a current certificate or certificates of insurance throughout the term of the permit with the City. When specifically requested by the City in writing, the Permit holder will provide the City with certified copies of all polices of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided the City whenever any policy is renewed, revised, or obtained from other insurers. All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. Revocation and Suspension of Permits [Need language from Leslie] The approval of a sidewalk cafe permit is conditional at all times. Revocation of permits shall be in accordance with [reference section]. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: 5 Ordinance No. C '/v71 (it '~ l ~I ffl I,)" ,u . .. Lf /{/( { (2-, L{j; .~t~~( !~~:~h ~"'~~U~~? h Ut jfrl!~ a ~j/Lt: (~~ f(1)~ Outdoor Cafes. ~ A , /\1 L .'i"'\.) L~ I.....J\ 1wZ 1 P d A Ii b"1i - ~S - flvvv ('\) V / I . urpose an DO ca I tv cuu h-o Outdoor cafes that are subordinate to a restaurant are permittJr as an accessory use in the C, T and D districts provided all requirements of this section are met. It is the intent of the City that outdoor cafes enhance the pedestrian urban and beach character of the City by providing an additional amenity for the public to enjoy. 2. Application Reqnirements and Review Process. ~,p '" a.Review Process 01 ~ If an outdoor cafe is to be added to an existing restaurant, then the cafe shall be reviewed as a minimum standard use. If a new restaurant with outdoor cafe is proposed, the cafe shall be reviewed along with the restaurant as either flex standard or flex use as appropriate. OUTDOOR CAFE OUTLINE December 11, 2002 .(l Amend Section 3-201 C as follows: Application and permit fee b.Submittal requirements Add page 2 from Geri's draft. c.General Requirements for all Outdoor Cafes Operational requirements Add items from page 3-numbers 1,7 and 8 No amplifIed music-add C4 from existing code Hours of operation: add C 5 from existing code Compliance with all other city, county, state ordinances-not sure this is really necessary Location/Design requirements Add items page 3, numbers 2-6, and 9 Parking review-add C 1 fr~m ~ps1i?g code ~tY- ~ Gv,~ Maintenance The outdoor cafe shall maintain the cafe area and all fIxtures in good appearance- add items from p 4, numbers 7, 8 and 10 .' , . . d. Additional requirements for Outdoor cafes on Public propertv Add Liability and insurance section -p 4 and 5 Add all requirements to move fixtures-page 4 #2, 3, 4 3. Standards for Review and Decision The Community Development Coordinator shall review an application for an outdoor cafe to determine compliance with all requirements of this section through a complete application including site plan, business plan, proof of insurance and all other documents required by this code. The Community Development Coordinator may impose conditions on the approval that insure compliance with this code, are needed to ensure compatibility of the outdoor cafe with adjoining businesses or??? Add page 4-# I-not transferable to another person The outdoor cafe operator shall at all times be responsible for compliance with this code and any conditions imposed. The time frames for review and appeal procedures shall be as prescribed in Section_. Duration of approval 4. Revocation of Approval ~cf.~ r~ c ~ [lit,' Ii 0fl CTlll8ll))S . ORDINANCE NO. 7074-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO ALCOHOLIC BEVERAGES; AMENDING CODE OF ORDINANCES SECTION 6.31; PROVIDING AN EXCEPTION TO CERTAIN SALES, POSSESSION, CONSUMPTION, AND OPEN CONTAINER PROHIBITIONS FOR PORTIONS OF PUBLIC STREETS, SIDEWALKS, ALLEYS, PARKING LOTS, OR RIGHTS OF WAY USED FOR OUTDOOR CAFE PURPOSES BY BUSINESS ESTABLISHMENTS WHICH HAVE OBTAINED CITY PERMITS FOR SUCH OPERATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, ordinance No. 7073-03 establishes a procedure for authorizing the permitting of sidewalk cafes on public property in certain zoning districts, and it is desirable to harmonize the alcoholic beverage code of the City to allow sales, possession, and consumption of alcoholic beverages at sidewalk cafes which are properly permitted; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 6.31, Code of Ordinances, City of Clearwater, is hereby amended to read as follows: 6.31 Prohibited acts. * * * * * (4) It shall be a violation for any person to sell or consume any alcoholic beverage, or to possess any opened or unsealed container containing an alcoholic beverage, at the following places, except pursuant to an alcoholic beverage special event permit issued under the provisions of section 22.88 through 22.92 or pursuant to a sidewalk cafe permit issued under the provisions of section 3-201 C. of the Land Development Code: (a) On any public beach. (b) On or in any public street, alley, sidewalk, parking lot or right-of-way, including but not limited to unimproved public street rights-of-way terminating at a body of navigable water. (c) In any public park. For the purposes of this subsection, the term "park" shall mean all parks Ordinance No. -01 . . and athletic fields, and all grounds used by the city for park or playground purposes, including Jack Russell Stadium and the Clearwater Country Club Golf Course when the sale or consumption of alcoholic beverages has been authorized by the terms of any lease or other agreement approved by the city commission. (d) In any public building. except in any portion of a public building when rented to private parties. This prohibition shall not apply to the Performing Arts Center and Theater. (e) On any portion of the Courtney Campbell Recreation Area as defined in section 22.21. * * * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. . . ORDINANCE NO. -03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO [SIDEWALK][OUTDOOR] CAFES; AMENDING CODE OF ORDINANCES SECTION 28.04; PROVIDING THAT [SIDEWALK][OUTDOOR] CAFES ARE EXCEPTED FROM THE PROHIBITION AGAINST SELLING GOODS ON PUBLIC PROPERTY WHEN PERMITTED PURSUANT TO LAND DEVELOPMENT CODE SECTION 3-201C.; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 28.04, Code of Ordinances, City of Clearwater, is hereby amended to read as follows: 28.04. Trading and selling on streets. (1) Except for the sale of ice cream from ice cream trucks on streets in residential areas, which have been issued a city occupational license for such use, and unless authorized by article III of chapter 22 which pertains to special events, it shall be unlawful for any person to sell, barter, exchange, or offer to sell, barter or exchange any goods, wares or merchandise of any kind or nature whatsoever in or on or over any street, right-of-way or public property, sidewalk or park within the city. ~ This section shall not apply to curb service furnished by any regularly established and licensed place of business in the city, and this section shall not apply to the holding of bazaars or other sales not made or carried on for personal profit, where such sales are operated in front of or adjacent to a store or place of business with the consent of the owner or manager thereof. The prohibition set out in subsection (1) of this section shall not prevent the operation of an outdoor cafe on the public sidewalk where the rsidewalklfoutdoorl cafe is permitted under the provisions of section 3-201 C. of the Land Development Code. the following requirements have been met: (3) At le3st five foot of unobstructed sidewalk aV3i13ble for pedostri3n use must be 3vai13ble follmving installation of the sidew3Ik'c3fe. Ordinance No. -01 . . Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. . . INSERT LANGUAGE IN ORDINANCE AMENDING APPENDIX A Section _' Appendix A, Land Development Code, Schedule of Fees, Rates and Charges, Section VIII, is hereby amended to read as follows: There is hereby established the following fees and charges relating to review and processing of Level One, Level Two and Level Three applications: (1) Level One. * * * (i) Sidewalk for outdoorl cafe permit fee........................................ 2 / * * .00 (\to * * * * * * * * K' * NOTE: Title of ordinance must also be amended to add "relating to....fees for comprehensive sign program minor amendment" and "amending Appendix A to set forth a fee for minor amendment to comprehensive sign program." . . REVOCATION AND DENIAL OF PERMITS The Community Development Coordinator may revoke a permit for any [sidewalk][outdoor] cafe if it is found that: )\( "'~ ': ~ Upon revocation of a permit, the Community Development Coordinator shall give ~ - written notice of such action by certified mail, return receipt requested, to the permittee at the address listed on the application, stating the reason therefore" The revocation shall become effective fifteen (15) days following mailing of the ( notice unless appealed as provided in Section 4-501A.2. (1) Any necessary business or health permit has been suspended or revoked; or (2) The permittee does not have currently effective insurance in the minimum amount as required in this Code; or (3) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating the removal of the [sidewalk][outdoor] cafe. Such decisions shall be based upon findings of the Community Development Coordinator, after consulting with the City Engineer, that the existing conditions represent a danger to the health, safety or general welfare of the public; or (4) The permittee fails to comply with one or more conditions of the permit. The City Manager or designee may take at any time, whether or not the permit was issued, is current, in the process of being revoked, or has been revoked, such action regarding a [sidewalk][outdoor] cafe located on public property as is necessary to preserve public safety. ADD TO Standards and Criteria for Application Review: (_) Denial of [sidewalk][outdoor] cafe permits. The Community Development Coordinator may deny an application for [sidewalk][outdoor] cafe permit if the applicant fails to provide the required information or fails to meet the criteria for permit issuance. Such action may be appealed as provided in Section 4-501A.4. .. 'II . em --t ~S ORDINANCE NO. 7099-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO NOISE; AMENDING SECTION 3- 1508A TO SPECIFY THE PLACES PROTECTED FROM "LOUD AND RAUCOUS NOISES" AND TO REQUIRE THAT "LOUD AND RAUCOUS NOISES" BE HEARD AT A DISTANCE OF AT LEAST 100 FEET FROM THE SOURCE OF THE NOISE; RENUMBERING SECTION 3-1508C TO SECTION 3-1508B AND CLARIFYING THAT ONLY "LOUD AND RAUCOUS" ACTIVITES ARE PROHIBITED; RENUMBERING SECTION 3-1508D TO SECTION 3-1508C AND CLARIFYING THE CIRCUMSTANCES WHEN A PERSON BECOMES RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE ENFORCEMENT OF SECTION 3-1508; RENUMBERING SECTION 3-1508E TO SECTION 3-1508D AND MODIFYING THE EXCEPTION PERTAINING TO RELIGIOUS WORSHIP ACTIVITIES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-1508, Land Development Code, is amended to read as follows: Section 3-1508. Noise. A. Prohibited generally. It shall be unlawful for any person to willfully make, continue or cause to be made or continued any loud and raucous noise that can be heard upon the public streets. sidewalks. or rights-of-way. in any public park. in any school or public building, in any church or hospital. or in any dwelling and that can be heard at a distance of 100 feet or more from the source of the noise. measured in a straight line from the radio, loudspeaker. motor. horn. or other noise source.. The which term "loud and raucous noise" shall mean any sound which because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the city. The term includes. but is not limited to, the kinds of loud and raucous noise generated by the activities enumerated in subsection B G when the loud and raucous noise can be heard at a distance of 100 feet or more from the source of the noise. measured in a straight line from the radio. loudspeaker. motor. horn. or other noise source. but not including activities enumerated in subsection D € of this section. Ordinance No. 7099-03 . . B. It shall be unlavAul for any person to cause loud and raucous noise to be heard upon the public streets, in any public park, in any school or public building or grounds thereof, in any church or hospital or the grounds thereof, in any parking lot, or in any occupied residential dwelling and in any event from a location not less than 50 feet from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other noise source. B. G. The following noises. as limited bv Section 3-1508A. shall be deemed loud and raucous and are declared to be public nuisances in violation of this section: 1. Engine exhaust. The discharge into the open air of the exhaust of any steam engine or stationary internal combustion engine except through a muffler or other device that will effectivelv prevent loud and raucous noises therefrom If.(hich substantially diminishes the volume of the sound of the exhaust. 2. Pile drivers, etc. The operation between the hours of 6:00 p.m. and 7:00 a.m. on any day or at any time on Sunday, of any pile driver, steam shovel, pneumatic hammer, derrick, dredge, steam or electric hoist or other heavy equipment so as to create a loud and raucous noise. 3. Blowers, etc. The operation of any blower or power fan or any internal combustion engine, unless the noise from such blowerJ, 9f fan is muffled or SUGIl engine is equipped with a muffler device sufficient to prevent loud and raucous noise which substantially diminishes the volume of the sound of the exhaust. 4. Horns, signaling devices, etc. The repeated sounding of any horn, whistle or other audible signaling device so as to create a loud and raucous noise. 5. Radios, amplifiers, phonographs, etc. The using, operating or permitting to be played, used or operated any radio, amplifier, musical instrument, phonograph or other device for the producing or reproducing of sound such that speech or music emitted by the device is identifiable in terms of words or melody so as to create a loud and raucous noise at a distance in any direction of greater than 100 feet during 'Nind conditions of less than 15 miles per hour. 6. Sound trucks. No amplifier or loudspeaker in, upon or attached to a truck or other device for amplifying sound shall be operated or permitted to operate within the city such that speech or music emitted by the device is identifiable in terms of words or melody so as to create a loud and raucous noise at-a distance in any direction of greater than 100 feet during 'Nind conditions of less than 15 miles per hour. 2 Ordinance No. 7099-03 ------ . . . 7. Yelling, shouting, etc. Yelling, shouting, whistling or singing at any time or place so as to create a loud and raucous noise between the hours of 10:00 p.m. and 7:00 a.m. on any day. 8. Animals, birds, etc. The keeping of any animal or bird which habitually makes a loud and raucous noise loud noises. 9. Defect in vehicle or load. The use of any motor vehicle so out of repair, so loaded or in such manner as to create loud grating, grinding, rattling or other noise or disturbance which is not equipped with a muffler so as to prevent a loud and raucous noise. 10. Construction or repairing of buildings. The erection including excavation excavating, demolition, alteration or repair of any building so as to create a loud and raucous noise other than between the hours of 7:00 a.m. and 6:00 p.m. on any day or at any time on Sunday, except in case of urgent necessity in the interest of public health and safety and then only with a permit from the building official, which permit may be granted for a period not to exceed three working days or less while the emergency continues and which permit may be renewed for successive periods of three days or less while the emergency continues. If the building official should determine that the public health and safety necessitates the issuance of such a permit and will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. or on Sunday, the buildinQ official he may grant permission for such work to be done within such hours or within a shorter time period during such hours, upon application being made at the time the permit for the work is issued or during the progress of the work. 11. Commercial deliveries on property adjacent to residential property. Deliveries of goods and materials to commercial property adjacent to residentially zoned property other than between the hours of 7:00 a.m. and 9:00 p.m. so as to create a loud and raucous noise. 12. Property maintenance equipment. The use of property maintenance equipment on any property adjacent to residentially zoned property other than between the hours of 7:00 a.m. and 9:00 p.m. so as to create a loud and raucous noise. 13. Noises heard within schools, public buildings, churches, hospitals. The creation of any loud and raucous noise which when heard in a school, public building, church or hospital, or the grounds thereof, interferes with the workings of such institution, or which disturbs or annoys patients in the hospital. 3 Ordinance No. 7099-03 . . 14. Noises to attract attention. The use of any drum or other instrument or device to attract attention that creates a loud and raucous noise. CJJ.Persons responsible. Any person, owner, agent or supervisor in charge of operating, ordering, directing or allowing the operation or maintenance of a device......g 9f machine. or anv other noise source creating noise as prohibited in this section shall be subject to enforcement of the provision of this section Division as lona as the person. owner. aaent. or supervisor had knowledae or reason to know that the activitv was occurrina. failed to intervene in an attempt to prevent the activitv from occurrina. and had the power or authoritv to prevent the activitv from occurrina. D.e.Exceptions. The term "loud and raucous noise" does not include noise or sound generated by the following: 1. Cries for emergency assistance and warning calls; 2. Radios, sirens, horns and bells on police, fire and other emergency response vehicles; 3. Parades, fireworks displays, outdoor music performances and other special events for which a permit has been obtained from the City, within such hours as may be imposed as a condition for the issuance of the permit; 4. Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided that such activities have been authorized by the owner of such property or facilities or its agent; 5. Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm; 6. Religious worship activities occurrina on or in the premises owned or leased bv places of worship, including but not limited to bells and organs; 7. Locomotives and other railroad equipment, and aircraft. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED 4 Ordinance No. 7099-03 . Approved as to form: Robert J. Surette Assistant City Attorney . Brian J. Aungst, Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 5 Ordinance No. 7099-03 , Mtd)O~~~ ~~h~awtfht?~.~ e ~~ ORDINANCE NO. ~ ~'Z,. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PROVIDING AN EFFECTIVE DATE. WHEREAS It is hereby found and declared: (1) That there exists the need for outdoor eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption. (2) That because of the high intensity of development in the Downtown "0" and Tourist "T" zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way. (3) That the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment. (4) That there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas. (5) That the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater. ~ U6) That the issuance of a sidewalk cafe permit shall not constitute nor shall it be If}{ if I~;~ construed to constitute a vacation or abandonment by the City of its interest in the r/v~, r. right-of-way or any easements contained therein; now, therefore, 'iI BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 11!h~'; OF CLEARWATE , . '" fi1t '11 111 ~j, t!! W,1b ()t Section 1. flJlV"~ ~ It shall be unlawful for any per a sidewalk cafe on any sidewalk or public ( ht- ~ of-way without a permit as provided by this article. Sidewalk cafes shall be permitted 0 y within the Downtown and Tourist zoning districts. A sidewalk cafe permit shall be a lic se to use the sidewalk and shall not grant nor shall it be construed or considered to grant a y person any property right or interest in the sidewalk. (1) Each permit shall be effective for one year from October 1 until September 30, renewed annually with the approval of the City. Ordinance No. -01 e e (2) The annual permit fee for establishing or maintaining a sidewalk cafe shall be [need to set; Amend Appendix A of Code]. (3) The permit fee shall be paid on or before October 1 and shall cover the time period from October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee will be prorated on a per month basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. Section 2. Sidewalk Cafe Permit Application. (1) A pre-application meeting to discuss the proposed sidewalk cafe and application requirements is required with the City Manager's designee. (2) A completed application for a sidewalk cafe permit shall be submitted to the CitY>( --f)ouelopmer::1t ~j:llrvirA~. The application shall include, b!Jt not be limited to, the following A_/-n information: ~.#7~~~ - C7) ~ (a) Name, address and te~~ of the apPlicant/~-~~~ (b) Name and address of the ~~ss establishment; ~. (c) A copy of a valid City of ClealW3ter occupationallice.f-to operate the business ) ~ establishment, the subject of the application; (d) Written approval from the owner of the building in which the permitted business established is located; ~ r (e) A copy of current certificate of insurance in the amounts and categories required by . this article; ~~~/~-r2>>'hi~'-rd1t-f~ (f) A drawing (drawn to scale) showing the layout and di' e Sl ewalk, ~ sidewalk cafe area and adjacent private propert oposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, . parking meters, bus shelters, sidewalk benches, trash receptacles, railings, decorative ~/ chains and any other fixture, structure or obstruction either existing or proposed within IhAU~ the sidewalk cafe; , V (.V" .G-' (g) Photographs, drawings or manufacturers' brochures fully describing the appearance, color, and materials of all proposed tables, chairs; umbrellas, awnings, canopies or other fixtures related to the sidewalk cafe. (h) Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the right of way. 2 Ordinance No. fJ1, ~~ ~J.'& 'p~~JO{;IJ,U. . ~ r;tJYvf. S ction 3. S ndards and Criteria for Application Review. The 0 lowing standards and criteria shall be used in reviewing the application: (1) Permits shall be issued only to persons who hold valid occupational licenses for a business establishment and who wish to provide tables and chairs on the sidewalk(s) abutting the subject establishment for use by the general public. (2) Sidewalk cafes are restricted to the sidewalk frontage of the subject business establishment to which a permit has been issued or such other area as approved by the City Manager or his/her designee. ~? (3) Sidewalk cafes shall be located in a manner that promotes efficie~d direct pedestrian movement. A minimum of one unobstructed pedestrian path at least our eet wide shall be maintained at all times. In areas of congested pedestrian activity a w r pedestrian path may be required. Access to fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. (4) The perimeter around the sidewalk cafe area may be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. (5) Tables, chairs, umbrellas, canopies, awnings and any other fixtures shall be of good design and shall be made of quality materials and workmanship to ensure the safety and convenience of users and to enhance the visual quality of the urban environment. (6) No tables or chairs will be permitted within the site visibility triangle of a street intersection or driveway [reference section]. ((7) Th ermit applies only to the sidewalk cafe area, related uses on private property are ~verned 6 other regulations. ection . c~~:e~ermit. Sidewalk cafes permitted under this article shall be subject to the following conditions: (1) The permit shall be issued to the permittee and shall be transferable only with the prior written approval of the City Manager or his/her designee. (2) The City of Clearwater may require the temporary removal of sidewalk cafes by the permittee when street, sidewalk, or utility repairs necessitate such action or when it is necessary to clear sidewalks. The permittee shall be responsible for removing all sidewalk cafe fixtures at least two days prior to the date identified in writing by the City. The City shall not be responsible for any costs associated with the removal or the return and irJst~lation of any sidewalkcafefixtures.~~~ ~~~ (3) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situatior. The City, its officers, agents and employees shall not be responsible for any damages or I s of sidewalk cafe fixtures relocated during ~t}oNhttl;PN . ~&t~~rdinance No. e e emergency situations and shall not be responsible for any costs associated with the removal or the return a installation of any sidewalk cafe fixtures. ~~.. (4) . e sid~a~}?,aJe shall be specifically limited to the sidewalk cafe area identified in the errmt. ~j'C./ 4. / (~e permittee shall ensure that the sidewalk cafe does not interfere with or limit the free ;/ :'JTiiZ .~nobstructed passage of sidewalk users in the approved pedestrian path. ~ fJJ/[:, ~ (6) Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with 1'/ I a sidewalk cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. I ~~: I:JJR /@ Tables, chairs, awnings, canopies, umbrellas and any other decorative mate(ial sh,~~e/ ~ VYW" - Lfrre-retardant or manufactured of fire resistant material. ~/h ~/~/1vlf-.l'~tI "", AAilJ)/ ~) No tables, chairs or any other fixtures used in connection with a sidewalk cafe shall be ~ V,vv. attached, chained, or in any manner affixed to any tree, post, sign or other fixture.~~tJ. 7~- . .. "" JR~ if1O) The sidewalk .cafe area, the area exte~ding from the sidewalk cafe area to the stre~ · VVWV - ~ feet beyond either end shall be maintained In a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day. (11) The opening and closing hours of sidewalk cafes shall not extend beyond the hours of operation for the subject business establishment holding the sidewalk cafe permit. (12) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use. Alcoholic beverages must remain in the designated sidewalk cafe area. [Reference Section to Amend?] 1 (13) No food preparation shall be allowed on the sidewalk. There shall be no cooking, sto~~ __ ~ cooling or refrigeration or other equipment located in the sidewalk cafe area. ~pn~ 7 fIIp~QJ7~~. (14) The permittee is responsible for repair of any damage to the sidewalk caused by the sidewalk cafe. The repair shall be made to City standards and within a reasonable timeframe. ~ Tables or chairs shall not be placed within four feet of bus stops, taxi stands, telephone ~~ths, fire hydrants, or counter service windows nor within two feet of ~ij~ing entrances and/or exits. ~ v?,~c... ~h (16) City shall have the authority to secure or remove fixtures and other items associated with the sidewalk cafe if necessary in the interest of public safety. ~ (17) Permittee shall meet all other City, county and state regulations, laws or ordinances. Section 5. liability and Insurance. ~fr ~ 4 Ordinance No. e e (1) By use of any permit granted hereunder, the permittee agrees to indemnify, defend, save d IIA 1 and hold harmless the City, its officers, agents and employees from any and all claims, liability, ~ lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permittee shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney prior to ~ issuance of a permit. (2) The permittee shall furnish, pay for, and maintain during the life of the permit with the City: a. Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. The City is to be speCifically included as an additional insured on the policy. b. Workers' Compensation insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including Employers' Liability which meets all state and federal laws. 3) The Permittee shall provide the City with a certificate or certificates of insurance showing the existence of coverages required by this Permit. The Permittee will maintain these coverages with a current certificate or certificates of insurance throughout the term of the permit with the City. When specifically requested by the City in writing, the Permittee will provide the City with certified copies of all polices of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided the City whenever any policy is renewed, revised, or obtained from other insurers. All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. Section 6. Revocation and Suspension of Permits The approval of a sidewalk cafe permit is con~onal at all ti!'1es. Revocation of permits shall be in accordance with [reference section]. '/ ~ ~ 7 , . ftt;7M,~ ~Pj~~t4mh~#wJ~ ~ This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst 5 Ordinance No. Approved as to form: Assistant City Attorney . . Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. I - 6 , , f ~ :---........ ,~ ~ q;/1)~ dI1J ' .a l'/~ , 'l.L/' .. DRAFT City of Clearwater Sidewalk Cafe Ordinance Article 3. Division 24. Declaration of Necessity and Intent. It is hereby found and declared: (1) That there exists the need for outdoor eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption. (2) That because ofthe high intensity of development in the Downtown "D" and Tourist "T" zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way. (3) That the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment. (4) That there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas. (5) That the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater. (6) That the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right- of-way or any easements contained therein. DefinitiOns.1J!i'ih ( f3 ' [ 00 ) For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: sand WX-C (2) Sidewalk means that portion of the street right-of-way between the curb lines or the lateral line of a road way and the adjacent property lines intended for use by pedestrians. /UUlo.,?O)z. cL/A/(/~ co · · ~)~=:::::aumis~a~~~. ~CMabli:duftcnt serving and/or selling food including beverage products and is located in CJYJI;flZFV the abutting building. Sidewalk cafes characterized by tables and chairs and may be shaded by awnings, canopies or umbrellas. iJ/f!;wWY (!;9 (4) Sidewalk cafe area means the area calculated by multiplying the frontage ofthe ~erty or bui]ding~imes the width of the sidewalk less such area as is reserved for the unobstructed pedestrian walkway or such other area as is approved by the City for use as ~~~~af~~f to cJuw f/t;4 Sidewalk Cafe Permit and Fee. It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk or public right-of-way without a permit as provided by this article. Sidewalk cafes shall be permitted only within the Downtown and Tourist zoning districts. A sidewalk cafe permit shall be a license to use the sidewalk and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk. 1 + (1) Each permit shall be effective for one year from October 1 until September 30, and I d f)/ must be renewed annually with the approval ~f the. City.. . . ( r:, ~ ~J1M.-,-fII - d dN' ~~ f1 ~ - /if::: (2) The annua permit fee estab~r inaM~a sidewalk cafe shall be ~ ~.~ established by. mmission resolution--Check). UO'- "- (3) The permit fee shall be paid on or before October 1 and shall cover the time period IlDII~ from October 1 through September 30 of the following calendar year. For a permit issued rr; ~ basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. [Check with Permits) ~ Sidewalk Cafe Permit Application. It> r::e ~ t?Juz J7ky ~~~ (1) An application for a sidewa~t shall be made to [Check with Permits]. / Suc~cati6n ~tmll ind'tldc~~be limiteli to, ~ followine informatiQB: ~c/'o. /12 t7/d.d/., rIO ~ ~ / ~ ~p~/IC ~ >>;/h ~J::/ (1}N:m:J. , ana telepfteae ?amber (;lfthe applll'~nt: ~~ $w~ (2) Name and address of the ab~tting, p~rmitted bYSHl{,;');') ~5tablishmeut; }/~/L2 ~~7a& ? ~ (3) A copy ofa valid City of Clearwater occupational license to operate the ~I f;tfV bus~~~~ e~tablidHne.nt abutting the sidewalk cafe which is the subject of the apphcatIon; (4) Written approval from the owner of the building abutting the proposed sidewalk,cafe; . of!~~ ~.'" ~ .0 t d / ..1fJ:) ~ "'^ (,V"I'" {\ // , '. ~~. ({l1~tJ;\~11- ~ rr~ . / (\l0f,'1 M.{) ~~~*(\,~~, ~ ~ /' (}{1 ~~~ C6 0- \~\,(\~~:) ~ ~" . zrZ (1M' D4 "" ~ ~<Y' ~ % / / A ~'~"D ~... ..- I:) .. e e ~~ (5) A copy of current certifIcate of insurance in the amounts and categories required by this article; V _ Ii. i' ....i 't'JD U~ d u.) v.' ~ <:.\.C&> (6) A drawing (dr to scale) s owing the layout and dimensions of the sidewalk, sidewalk and adjacent private property, proposed location, size and number oftables, chairs, steps, umbrellas, awnings, canopies, location of @ -t" doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, r ftf" , railings, decorative chains and any other fIxture, structure or obstruction either ofl tv-10 existing or proposed within the sidewalk cafe; (Y- ~ (.L~lIl~ ~ . (7) Photographs, drawings or manufacturers' brochures fully describing the appearance of all proposed tables, chairs; umbrellas, awnings, canopies or other fIxtures related to the sidewalk cafe. GD1 oY I~ ~ U fV\ -- J1d1f: ': v~ If any table, rat mg, mg, py or any ot er fooure IS to be permanently anchored, such information must be shown on the drawing. ? ('vt~ + h> ..., .( (9) Copy of written approval from the Florida Department of Transportation if ) .txH" ~ . ( right of way is located in FDOT p~~ [Check witlt PI~nnin2lEngineeringt I ~ J.. o~ ~~n\l~ ~it1ic.o . (2) The application shall be accompanied by a n e ndable appli' WhiC~hSh II ~ ~t be credited toward the first year permit fee if e application is approved. iscuss)t1I~ ~ . IOns set fort"s ~ ~~ . . ~ Standards and Criteria for Application ReVie~. ~~~~ rJt) <-;-WM o,rc;~ . The following standards and criteria shall be used in re Iewing the application: 'Jt; iYJtM..l2/!. I5Ft:;:/ (1) Permits shall be issued only to persons who hold valid occupational licenses for a 1o~PJ....tj;V' ~J W ~ and who wish to provide tables and chairs on the sidewalk(s) /"JAhctrf7) abutting such establishment for use by the general public. V "''''Y l:/ (2) Sidewalk.~fes are restricted to the sidewalk frontage of the ~puSiness "~ ;e~~~~~~:~:~~~~o~~;~:iiJ;r;;;~~ . (3) Sidewalk cafes ~h~ii-b~-i~~~ted in amanner that promotes efficient and direct P~? pedest~ian movement: A ?Iinimum ~f one unob~tructedpedestrianpath at s four h-DA ~ ]. ~e~t/~ide shall~~::~~~:~~~7S: v~E:;:~' . ,t'- iIt . C~ ... In areas of congested pedestrian activity a wider pedestrian path . ccess to fire hydrants, fIfe hose connections for sprinkler systems, and d) Ittd - . ~~~Qya'~tJlIJtI~ )6 /;:ftpnJZk? /I~;:--yo~ ~~ ./~.wlWae ~~&~- ------.--..' ~ ... e e.JJ vJfv--<,.;J ~~y entrances and exits of all buildings shall not be obstructed at any time by barriers or (fl:/~ seating. [Check with TrafficlEngineerslFirelPolice-ADA accessibility, etc.) /(tfl I) yy{>>VJ I (4) The perimeter around the sidewalk cafe area may be delineated using nonpermanent fIxtures such as railings, potted plants, decorative chains, or other approved fixtures. The permanent anchoring of tables, chao s, umbrellas, in s, canopies, railings or other eo-Rl () Me". fIxtures may be approved by the P OVl ed such anchoring meets al Wi:! OJ VI/' (other applicable codes, ordinances and laws and the permittee provides adequate ! bl~~ . assurances that the sidewalk will be repaired in a manner consistent with City \ .~ ~~ ~\).. requirements concerning sidewalk repair in the event any permanently anchored fIxture is~". /// '~ area-clllT111g ~m}'Jlmp ~walk cafe-or abuttIng ba~mess establwhmeBt IS uotA ..t. open!or hl1'tiR88~Discuss) ~ aa jJ/iJmP; ~ (JIOfJ)X 41" /I'pm? ---- !Rn4t:lll'1h2.; II L~~ (5) Tables irs, umbrellas, canopies, awnings and any other fIxtures shall be of.gc50dJ desig d shal made of . a ena s nshi to ensure the safety and enience of users an to enhance the visual quality ofthe urban environmen . I' """) ~b \ I f:x,fw;< d ~ I it nO iJ A ,- ~ rty~ Conditions of sidewalk cafe permit. Sidewalk cafes permitted under this article shall be subject to the following conditions: f}, IJ . (1) T permit an' be issued to the permittee and shall be transferable only with the pnor pproval of the Community DeveloP!llent Coordinator. ~J;9~}P (2) The City of Clearwater may req . r- tkt~~p;;ary removal of sidewalk cafes by the permittee when street, sidewalk, utility repairs necessitate such action or when it is , ~ I~ necessary to clear sidewalks, 1M- The permittee shall be responsible for ~(/tOW"'- removing all sidewalk cafe fIxtures at least two days prior to the date identified ~/ ~ by the City. The City shall not be responsible for any costs associated with the removal or (/ I fK 11 the return and installation of any sidewalk cafe fixtures. tz6f1/j, ) (3) The City may cause the immediate removal or relocation of all or any part of the ~ sidewalk cafe or its fixtures in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fIxtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fIxtures. (4) The sidewalk cafe shall be specifIcally limited to the sidewalk cafe area identifIed in the permit. (j) c (, ~~bua/iwHJt~ ~~{tat)~ ~/Y e permittee shall ensure that the sidewalk cafe does not interfere with or limit the - free unobstructed passage of sidewalk users in the approved pedestrian path. (6) Tables, chairs, umbrellas, canopies, awnings and any other fIxtures used in connection with a sidewalk cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. '. . . (12)The opening and closing hours of sidewalk cafes shall not extend beyond the hours of ~ jtlti/';operation for the abutting business establishment holding the sidewalk cafe permit. ~ ~ <1-~c~( (13) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use. [Discuss this condition: amendment to open container law?) (14) No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the sidewalk cafe area. ~ ~~VtV- ;~~[)(yu (15) The permittee is responsible for repair of any damage to the sidewalk caused by th side:alk cafe. ~ tw/i& ~ a~ - /J~~ Ii6i_J'ables or chairs shall not be placed within .four ~eet of bus stops; taxi stands, \;iiphone booths, fITe hYdran..ts., qrc.ovmer .se. rv.....lce wmdows nor WithIn two....f1e.Ull.. any_ building entrances and/or exits. GV p~ ~ ..~ . _ /Wd /oj 17) .. of morefIianone-llie~~};;;:d------_. - we for each dewalk cafe. he ~/1t.&u,- uboard shall be in compliance ith City C . All signage, . e I:!Ic.:t -- ./1/1,//_/ menuboard and signage on awnin s, cano' nd umbrellas and other fIxtures, mu~~ ~ ~ in compliance with City cod:~~~~".~_l!l:g.~g!l~g~.:l!>.isc_us.!th~~conditi /:7C t>>t ~ (18) P~:Utt::~~ll-:::~1l other City, county and state regulations, laws or rdinan~s.i?)~-1tf!J ~~I/I... f70t///#nt 0- W t. e e Liability and Insurance. (1) By use of any permit granted hereunder, the permittee agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permittee shall enter into a written agreement with the City to evidence this indemnifIcation. Such agreement must have the written approval of the City Attorney prior to issuance of a permit. [Check with Legal) (2) The permittee shall acquire and keep in full force and effect, at its own expense, the following insurance requirements for the entire permit period: (a) Commercial general liability insurance in the amount of $1,000,000 per occurrence for bodily injury and property damage by an insurance company licensed to do business in the State of Florida. [Check with Risk Mgmt) (b) The City must be named as an additional insured on this policy and an endorsement must be issued as part ofthe policy evidencing compliance with this requirement. ( c) No insurance coverage or conditions afforded by such liability insurance policy shall be suspended, voided, canceled or modified except after 30 days written notice by certifIed mail return receipt requested has been given to the City's Risk Manager. (d) The permittee must provide and have approved by the City's Risk Manager an original certificate of insurance as evidence that the above requirements have been met prior to the permit becoming effective, and with annual renewal of the permittee's occupational license. ( e) The insurance requirements described in this article shall be in effect from October 1 until September 30 of the following calendar year. [Check timing with Permits) (f) Workers' compensation and employers liability as required by the State of Florida. [Do we need this?] Revocation and Suspension of Permits Revocation and suspension of permits shall be in accordance with stated City codes. CD e ~JP! e:1 p#m1r W11J;JW +0 ~ I p~ ~Ofl. ~ DRAFT City of Clearwater Sidewalk Cafe Ordinance Article 3. Division 24. Declaration of Necessity and Intent. It is hereby found and declared: (1) That there exists the need for outdoor eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption. (2) That because of the high intensity of development in the Downtown "D" and Tourist "T" zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way. ~ (3) That the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment. (4) That there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas. (5) That the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater. (6) That the issuance of a sidewalk cafe permit shall not constitute nor shall it be ~ construed to constitute a vacation or abandonment by the City of its interest in the right- of-way or any easements contained therein. Definitions. ~Jf? For the purposes ofthis article, the following words and phrases shall have the meanings respectively ascribed to them by this section: (1) Permittee means the holder of a valid sidewalk cafe permit under the terms and provisions of this article. ~/1J (/UJllfFl!i difJ\ (2) Sidewalk means that portion of the street right-of-way between the curb lines or the lateral line of a road way and the adjacent property lines intended for use by pedestrians. /ltVto'/-oJz ~l!;/Y e .n,", k~' . ~ /U~... UCJC ~~wt-k? (/{/~ ~) Sidewalk cafe means a use located on a sidewalk that is associated with a buslllesS ~t$~f('MMli3hffient serving and/or selling food including beverage products and is located in oY~y the abutting building. Sidewalk cafes characterized by tables and chairs and may be shaded by awnings, canopies or umbrellas. tJfpdJ&!%r W/JtJY tJ~ 1 ~ ::, (4) Sidewalk cafe area means the area calculated by multiplying the frontage of the ~imes the width of the sidewalk less such area as is reserved for the unobstructed pedestrian walkway or such other area as is approved by the City for use as a sidewalk cafe. Sidewalk Cafe Permit and Fee. It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk or public right-of-way without a permit as provided by this article. Sidewalk cafes shall be permitted only within the Downtown and Tourist zoning districts. A sidewalk cafe permit shall be a license to use the sidewalk and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk. (1) Each permit shall be effective for one year from October 1 until September 30, and must be renewed annually with the approval of the City. (2) The annual permit fee for establishing or maintaining a sidewalk cafe shall be established by [City Commission resolution--Check). (3) The permit fee shall be paid on or before October 1 and shall cover the time period from October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee will be prorated on a per month basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. [Check with Permits) /b;;e!atdOluz j7kYtPn/l4ud~ (1) An application for a sidewa~t shall be made to [Check with Permits]. . / Suc~c;ation ~hall inclmk~~ ~ limitel1 to) -'J. followine; i~formation: ~/C;. /)Jt?$~t;.. rIO ~~ -/ ~~~~//(::- ~t7/n1h %J-z,U:J OtNalR., mOO:.... _lolejlloelltl,iiffibor gftbe _tiC""': . ~S- $U~ (2) Name and address ofthe abutting, germitted bl:lSim.~~ ~stablisl-m1eni; Y~/L2 ~?7ae, ? ~4--~ (3) A copy ofa valid City of Clearwater occupational license to operate the jAf?"JI/ W bus~es~ e~tabligluue.nt abutting the sidewalk cafe which is the subject of the apphcatIon; Sidewalk Cafe Permit Application. (4) Written approval from the owner of the building abutting the proposed sidewalk cafe; e e (5) A copy of current certifIcate of insurance in the amounts and categories required by this article; ~~ (6) A drawing (drawn to scale) showing the layout and dimensions of the sidewalk, sidewalk cafe area and adjacent private property, proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, railings, decorative chains and any other fIxture, structure or obstruction either existing or proposed within the sidewalk cafe; (7) Photographs, drawings or manufacturers' brochures fully describing the appearance of all proposed tables, chairs; umbrellas, awnings, canopies or other fIxtures related to the sidewalk cafe. (8) If any table, railing, awning, canopy or any other fIxture is to be permanently anchored, such information must be shown on the drawing. (9) Copy of written approval from the Florida Department of Transportation if right of way is located in FDOT property. [Check with PlanninglEngineering) . which s~~ ISCUSS);1I~ ~ (3) Permits will be anted at the time of apph tion if all . IOns set fort' . icle are . .. Standards and Criteria for Application ReVie~. ~tfi,,~~ ;t) L#"M o.r~~ . The following standards and criteria shall be used in re Iewing the application: ~ IlJtkJfl2e- J5bI' (1) Permits shall be issued only to persons who hold valid occupational licenses for a Iv~PF~ ~J W ~ and who wish to provide tables and chairs on the sidewalk(s) /:IA h4Y17 ) abutting such establishment for use by the general public. ......V "'-yr C,/ (2) The application shall be accompanied by a n e ndable appli be credited toward the first year permit fee if e application is approved. ~ ~~ t?vYJAuV' W .tAJ7J.f. 0'Yl. ~ ~ ~ 13 ---f-tJ)~ kJQ b)~ (2) Sidewalk cafes are restricted to the sidewalk frontage of the abutting business establishment to which a permit has been issued or such other area as approved by the plEmft.ing Dej5fi1tnu.Hlleommunity Development Coordinator. (3) Sidewalk cafes shall be located in a manner that promotes efficient and direct ~ p~ ? pedestrian movement. A minimum of one unobstructed pedestrian path at leas four feet wide shall be maintained at all times. For the purpose of the minimum clear pa parking meters, traffic signs and trees with grating flushed to grade shall not count as obst' destrian walkway shall be on the outside of the sidewalk cafe and not through the middl In areas of congested pedestrian activity a wider pedestrian path m '. ccess to fIre hydrants, fIre hose connections for sprinkler systems, and Itid - . ~ tJt1Je ~Qy t/I~tf1I tt/~ ,M f;f~}lk? ~~~~~~~ tfJd2 43 ~ 1- e e entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. [Check with Traffic/EngineerslFirelPolice-ADA accessibility, etc.) (4) The perimeter around the sidewalk cafe area may be delineated using nonpermanent fIxtures such as railings, potted plants, decorative chains, or other approved fIxtures. The permanent anchoring of tables, chairs, umbrellas, awnings, canopies, railings or other fIxtures may be approved by the p~ning Department provided such anchoring meets all other applicable codes, ordinances and laws and the permittee provides adequate assurances that the sidewalk will be repaired in a manner consistent with City requirements concerning sidewalk repair in the event any permanently anchored fIxture is removed. Any fIxture not permanently anchored shall be removed from the sidewalk cafe area during any time when the sidewalk cafe or abutting business establishment is not open for business. [Discuss] ~... at1fJ/ih7% tt/1lhltJ/t071);(~ //'pJH? ttJ1/14fI/~~ fI (5) Tables irs, umbrellas, canopies, awnings and any other fixtures shall be of good desig d shal made of . a ena s shi to ensure the safety and enience of users an to enhance the visual quality of the urban environmen . C/fJv r1.(\J.!)./JI//7..... (6) N~ tables o.r chairs will be permitted beyond the building edge or property line at a / r I \VV' "'/ street mtersectIon. ~ t (7) The ernut p(!o'1(to the sidew.f~; area, related uses on private property are gove d b er regulations. Conditions of sidewalk cafe permit. Sidewalk cafes permitted under this article shall be subject to the following conditions: OJ IJ . permit an" be issued to the permittee and shall be transferable only with the pproval of the Community Development Coordinator. '~$ (2) The City of Clearwater may req . e e temporary removal of sidewalk cafes by the permittee when street, sidewalk, utility repairs necessitate such action or when it is , J /J1' necessary to clear sidewalks for reasons?). The permittee shall be responsible for ~(/tIJtA.r<-- removing all sidewalk cafe fIxtures at least two days prior to the date identifIed ~/tif?I1J by the City. The City shall not be responsible for any costs associated with the removal or (/ I -k lit the return and installation of any sidewalk cafe fixtures. jZIf}1/j, (3) The City may cause the immediate removal or relocation of all or any part of the ~1tt sidewalk cafe or its fIxtures in emergency situations. The City, its officers, agents and ~ employees shall not be responsible for any damages or loss of sidewalk cafe fIxtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fIxtures. (4) The sidewalk cafe shall be specifIcally limited to the sidewalk cafe area identifIed in the permit. c ~~bua~Jt~ ~ ~ttaV~ 1!tpJlr e permittee shall ensure that the sidewalk cafe does not interfere with or limit the - free unobstructed passage of sidewalk users in the approved pedestrian path. .----- .. -----..-. -- ------~- (6) Tables, chairs, umbrellas, canopies, awnings and any other fIxtures used in connection with a sidewalk cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. (}OfrW (8) Tables, chairs, awnings, canopies, umbrellas and any other decorative material shall r "0 be fIre-retardant or manufactured of fIre resistant material. .. , II ~No tables, chairs or any other fIxtures used in connection with a sidewalk cafe shall ~IfIJ /1 G,{ attached, chained, or in any manner affIxed to any tree, post, sign or other fixture. '~I~~ (10) The side ca e area' clud the area extending from the sidewalk cafe area to + / W~'t the street five feet beyond eith end, shall be maintained in a neat and orderly 11\f appear ce at all times and sha cleared of all debris on a periodic basis during the day and t the close of ea usiness day. [Discuss this condition) (11) The tables, chairs, or any other non-permanent fIxtures shall be removed from the entire sidewalk cafe area when the business is not open. , . . (12)The opening and closing hours of sidewalk cafes shall not extend beyond the hours of 'JIr'rt.tt1 Jilt/L.operation for the abutting business establishment holding the sidewalk cafe permit. (13) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use. [Discuss this condition: amendment to open container law?) (14) No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the sidewalk cafe area. ItJ!i;?d /0 '1 i011~ J/I/uJ~17) Not more than one menuboard we for each sidewalk cafe. The ~~_ ItIV CttIV'" f PVv-'~enuboard shall be in compliance ith City Cd. All signage, including the 1:!Ic.:t-- ~ r/1i? /Y) menuboard and signage on awnin s, cano' nd umbrellas and other fIxtures, mu~~ ~ C/f::JW in compliance with City codes regu a mg signage. [Discuss this condition) ~ t>>t ~ (18) Permittee shall meet all other City, county and state regulations, laws or ordina~s.i?/~ -1tf!J ~~//I... I/Ot// ~ " (15) The permittee is responsible for repair of any damage to the sidewalk caused by the sidewalk cafe. ~ flofr/"& ~ a{y - /l!!!!f& &pr (16) Tables or chairs shall not be placed within four feet of bus stops, taxi stands, telephone booths, fIfe hydrants, or counter service windows nor within two feet of any building entrances and/or exits. e e Liability and Insurance. (1) By use of any permit granted hereunder, the permittee agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permittee shall enter into a written agreement with the City to evidence this indemnifIcation. Such agreement must have the written approval of the City Attorney prior to issuance of a permit. [Check with Legal] (2) The permittee shall acquire and keep in full force and effect, at its own expense, the following insurance requirements for the entire permit period: (a) Commercial general liability insurance in the amount of$l,OOO,OOO per occurrence for bodily injury and property damage by an insurance company licensed to do business in the State of Florida. [Check with Risk Mgmt) (b) The City must be named as an additional insured on this policy and an endorsement must be issued as part of the policy evidencing compliance with this requirement. (c) No insurance coverage or conditions afforded by such liability insurance policy shall be suspended, voided, canceled or modifIed except after 30 days written notice by certifIed mail return receipt requested has been given to the City's Risk Manager. (d) The permittee must provide and have approved by the City's Risk Manager an original certifIcate of insurance as evidence that the above requirements have been met prior to the permit becoming effective, and with annual renewal of the permittee's occupational license. ( e) The insurance requirements described in this article shall be in effect from October 1 until September 30 of the following calendar year. [Check timing with Permits) (f) Workers' compensation and employers liability as required by the State of Florida. [Do we need this?] Revocation and Suspension of Permits Revocation and suspension of permits shall be in accordance with stated City codes. . . Fierce, Lisa From: Sent: To: Subject: Campos, Geraldine Monday, April 07, 2003 10:50 AM Fierce, Lisa; Dougall-Sides, Leslie RE: sidewalk cafe permit application - could you please review this? Hi Lisa: The application looks really good. A couple of comments: . Written owner approval--Should there be a box on page 2 with Occupational license, etc that they have written approval from the property owner ("written approval from property owner in which permitted business established is located") . Do we need to have a copy of the alcohol license since we request others as well? . Under the Important Section. Under Community Development Coordinator in item 3) "Such decision shall be based upon the finding of the ......" need to finish sentence. Maybe: Community Development Coordinator/City Engineer Also, I thought we should have a "fact sheet" or general information page that we could give out during pre-application meeting of the requirements, with info such as 4ft pedestrian access, keep area clean, etc... Let me know if you have any ques. Thanks, Geri -----Original Message----- From: Fierce, Lisa Sent: Thursday, April 03, 2003 4:59 PM To: Campos, Geraldine; Dougall-Sides, Leslie Subject: sidewalk cafe permit application - could you please review this? << File: Sidewalk Cafe Application.doc >> i am really tired of looking at this sidewalk application now. could i get your review comments? 1 . . Fierce, Lisa From: Sent: To: Subject: Campos, Geraldine Wednesday, April 02, 2003 9:59 AM Garriott, Kevin; Fierce, Lisa RE: Sidewalk Cafe Hi Kevin: The fee for sidewalk cafe permit per year is $120. As for other items we would like to track: 1) number of tables 2) address/location Lisa, anything else I missed. Kevin, I'll ask Ralph at the ACM meeting today. thanks, Geri -----Original Message----- From: Garriott, Kevin Sent: Monday, March 31, 2003 9:43 AM To: Campos, Geraldine; Fierce, Lisa Subject: FW: Sidewalk Cafe To finish up on this sidewalk seating permit we need the following information: Is the fee $125 - that is what will be listed on the OCl noting they have a permit. Do you need to know number of tables or other info? Any other items that should be noted when printing their permit info on OCl? Thanks. -----Original Message----- From: Moreda, Lydia Sent: Monday, March 31,20038:21 AM To: Garriott, Kevin Subject: Sidewalk Cafe How is this coming? Do you want me to go ahead and add it to OCl? Time is running out. I need the details, like do you want me to count outside seats. I also need the exact fee amount. Fees are tricky and we will need time to test to be sure it is working. 1 . . Fierce, Lisa From: Sent: To: Subject: Garriott, Kevin Monday, March 31, 2003 9:43 AM Campos, Geraldine; Fierce, Lisa FW: Sidewalk Cafe To finish up on this sidewalk seating permit we need the following information: Is the fee $125 - that is what will be listed on the OCL noting they have a permit. Do you need to know number of tables or other info? Any other items that should be noted when printing their permit info on OCL? Thanks. -----Original Message----- From: Moreda, Lydia Sent: Monday, March 31, 2003 8:21 AM To: Garriott, Kevin Subject: Sidewalk Cafe How is this coming? Do you want me to go ahead and add it to OCL? Time is running out. I need the details, like do you want me to count outside seats. I also need the exact fee amount. Fees are tricky and we will need time to test to be sure it is working. 1 . . Fierce, Lisa Cc: Subject: Quillen, Michael Wednesday, March 26, 2003 1 :45 PM Bertels, Paul; Bahnick, Glen; Rice, Scott; Elbo, Bennett; Doherty, Steve; Melone, Donald; Gluski, Roberta; DuPont, Kimberly Fierce, Lisa; Gerlock, Frank FW: Sidewalk Cafe Ord. From: Sent: To: Below is the new sidewalk cafe ordinance which is scheduled to be in effect on 4/7. Development Services review procedure will be similar to that for occupational licenses, with a space for traffic engineering sign-off. Bennett would be the primary reviewer, with Steve, Roberta & Don as back-up. The only things we really need to review are in Sections 3-201 C.2.c.(2)(b) & (e) regarding pedestrian movement with a 4' clear aisle and sight distance issues. We will not be issuing separate right-of-way permits for these. They are only allowed in downtown & on the beach, we don't expect many, no more than 10-20 a year. Please let me know if you have any concerns. -----Original Message----- From: Campos, Geraldine Sent: Wednesday, March 26, 2003 8:28 AM To: Quillen, Michael Subject: RE: Sidewalk Cafe Ord. Sure, attached. ~L~ ":~~~- ..' ".,,,,..,',':- " sidewalk cafe ordinance final... -----Original Message----- From: Quillen, Michael Sent: Tuesday, March 25, 2003 4:58 PM To: Campos, Geraldine Subject: Sidewalk Cafe Ord. Do you have an electronic copy you can send me. You probably already did but I don't know what I did with it. Thanks. M.Q. 1 . . Fierce, Lisa From: Sent: To: Subject: Campos, Geraldine Thursday, March 20, 2003 5:38 PM Fierce, Lisa; Garriott, Kevin; Quillen, Michael FW: Sidewalk Cafe procedures Hi all: I am going to try to schedule a time when the four of us can get together next week to discuss: 1) procedures for reviewing sidewalk cafes, 2) the actual application, 3) the permit process, and 4) code enforcement. Please let me know if there is anyone else that should be present. Thanks for your help, Geri -----Original Message----- From: Tarapani, Cyndi Sent: Wednesday, March 19, 2003 2:45 PM To: Campos, Geraldine; Fierce, Lisa; Garriott, Kevin Subject: Sidewalk Cafe procedures Geri-this is a reminder that you need to get with Lisa to develop the application, internal procedures, instructions to the applicant and staff training on the new sidewalk cafe ordinance. On January 24, I suggested that you, Lisa and Kevin get together to start working on this. With the adoption about three weeks away, it really is time to get all of these internal issues worked out. Since Planning is the implementing department on all development regulations, I am letting all of you know my expectations on how this new ordinance should be implemented. The process needs to be integrated with our current systems and procedures to insure a smooth transition on this new application. My expectations on the application are: similar format as that of our other applications for ease of administration and ease in explaining to applicants, that it be posted on Planning's web site-it can be on ED web site also, if you wish. My expectations on the internal procedures are: all reviewing departments participate in the development of the review process so that we are all clear on the process, who does what and the review time that we have committed to. My expectations on the instructions to the applicant are that they clearly outline the process and who the contacts are in each department. My expectations on the staff training are: a copy is provided to all staff-electronically, if possible, and that all reviewing departments are trained-ie Planning, Engineering, Development Services, etc. In addition, the Code enforcement officers also need to understand the code so they can enforce properly. I am sure that you all will come up with many creative ways to implement this ordinance quickly and easily and I look forward to your ideas. I just want to be sure that we are ready on April 7 to accept and properly process any application. Please contact Lisa to assist you-with formatting, training dates, etc. Thanks. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl..com 1 . . c~ Page 1 of 1 Fierce, Lisa From: Sent: To: jtarapan [jtarapan@tampabay.rr.com] Sunday, January 19, 2003 4:58 PM gcampos@clearwater-fl.com; rowens@clearwater-fl.com; Idougall@clearwater-fl.com; Ifierce@clearwater-fl.com Cc: ctarapan @clearwater-fl.com Subject: Sidewalk Cafe Ordinance Please find attached the revised sidewalk cafe ordinance. I guess you can tell that I am not a Bucs fan!!! Of course, I would rather be working on this than watching the game!! Some general notes on what I have done: Anything in bold needs revision. There are several sections that have Leslie's name attached to them-need your help there. There is one section on noise that I need to run by Rob Surrette. There is one section at the end on fees that I call Geri and Leslie's attention to-please check and review this. All other bold sections are ones that I will finalize when I return to the office-I need a complete copy of the code to do so. I have used the term "sidewalk cafes" everywhere but added a special section for sidewalk cafes on right-of-way. I really think this is the best way to handle-see purpose and applicability section for the explanation. I will check if a definition of sidewalk cafe is needed-maybe the code already has one. I know the formatting is not right-but the numbering/outline is so please follow it that way. Page 6-#3-in the second paragraph, I added a provision that allows the cafe to be renewed without review if no changes. If changes to cafe, then must go through review again. Page 6 #3, 3rd paragraph-I added this section for inspection at any time. Leslie-feel free to move this or expand on it in the revocation section. Page 7-Effective Date-I made the effective date the Monday after City Commission approval on the previous Thursday. We have found that we need that day-Friday to make sure all staff have a copy of the ordinance and be ready for the onslaught of customers. Happy reading!! Thanks for your help, everyone. Finally, Leslie-can you write the title after you add the missing sections? I would appreciate it since I am not completely sure of all sections you are revising/amending/repealing. 1/21/2003 Fi~. Lisa - . . From: Sent: To: Subject: Tarapani, Cyndi Tuesday, January 14, 2003 9:34 AM Owens, Reginald W.; Campos, Geraldine; Fierce, Lisa; Dougall-Sides, Leslie FW: Outdoor cafe ordinance Please find attached the current version of the sidewalk cafe ordinance. This is the first draft prepared by Gina that attempts to put all of the comments into one document. I am sending it to you all in preparation for our meeting tomorrow so I have not made any corrections yet. Please review and I look forward to our discussion tomorrow. The adoption schedule is as follows: Final version agreed upon by all: Final draft to Clerk for advertising: CDB Public hearing: CC first reading: CC second reading: Friday, Jan. 17* Thursday, Jan. 23 Tuesday, February 18 Thursday, February 20 March 6 * Please note that Monday, Jan. 20 is a holiday and Tuesday,Jan 21 is a double public hearing day with both the CC and the CDB. Hence the Friday deadline. Thanks for your cooperation. -----Original Message----- From: Dewitt, Gina Sent: Thursday, December 19, 2002 4:46 PM To: Dougall-Sides, Leslie; Tarapani, Cyndi Subject: Outdoor cafe ordinance I have attached what I think kind of puts all of your suggestions together and in the correct format. I'm sure you'll both have additional changes. Please send these to me in the form of underline/strikeout on this version so I can coordinate all the changes and not have to work from 3 different ones again. f!] Outdoor cafe ord.doc Gina DeWitt Administrative Support Manager Clearwater City Attorney's Office 727-562-4011 gdewitt@clearwater-fl.com 1 . . ORDINANCE NO. 7063-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PROVIDING AN EFFECTIVE DATE. WHEREAS, there exists the need for outdoor eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption; and WHEREAS, because of the high intensity of development in the Downtown "D" and Tourist "1" zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way; and WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment; and WHEREAS, there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas; and WHEREAS, the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater; and WHEREAS, the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-201 C. Outdoor Cafes., Community Development Code, is hereby repealed in its entirety and reenacted as follows: 3-201 C. Outdoor cafes. 1 . Purpose and Applicability. Outdoor cafes that are subordinate to a restaurant are permitted as an accessory use in the C, T and 0 districts provided all requirements of this section are met. It is the intent of the City that outdoor cafes enhance the pedestrian urban and beach character of the City by providing an additional amenity for the public to enjoy. 2. Application Requirements and Review Process. a. Review process. If an outdoor cafe is to be added to an existing restaurant, then the cafe shall be reviewed as a minimum standard use. If a new Ordinance No. -01 . . restaurant with outdoor cafe is proposed, the cafe shall be reviewed along with the restaurant as either flex standard or flex use as appropriate. b. Application and permit fee. (1) Each permit shall be effective for one year from October 1 until September 30, and must be renewed annually with the approval of the City. (2) The annual permit fee for establishing or maintaining a sidewalk cafe shall be $120. [Amend Appendix A of Code]. (3) The permit fee shall be paid on or before October 1 and shall cover the time period from October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee will be prorated on a per month basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. c. Submittal requirements. (1) A pre-application meeting to discuss the proposed sidewalk cafe and application requirements is required with the City Manager's designee. (2) A completed application for a sidewalk cafe permit shall be submitted to the City's Development Services Department. The application shall include, but not be limited to, the following information: (a) Name, address, telephone number, and fax of the applicant (business owner or designee) and property owner; (b) Name and address of the subject, permitted business establishment; (c) A copy of a valid City of Clearwater occupational license to operate the business establishment, the subject of the application; (d) Written approval from the owner of the building in which the permitted business established is located; (e) A copy of current certificate of insurance in the amounts and categories required by this article; (f) A drawing (drawn to scale of minimum 1 :50) showing the layout and dimensions of the sidewalk; sidewalk cafe area and adjacent private property and building showing 2 Ordinance No. . . entrances and exits; proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, railings, decorative chains and any other fixture, structure or obstruction either existing or proposed within the sidewalk cafe; (g) Photographs, drawings or manufacturers' brochures fully describing the appearance, color, and materials of all proposed tables, chairs; umbrellas, awnings, canopies or other fixtures related to the sidewalk cafe. (h) Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the right of way. (3) Permits will be granted at the time of application if all conditions set forth in this article are satisfied. d. Application review standards and criteria. The following requirements shall be met in reviewing the application and before issuing a permit: (1) Permits shall be issued only to persons who hold valid occupational licenses for a business establishment and who wish to provide tables and chairs on the sidewalk(s) abutting the subject establishment for use by the general public. (2) Sidewalk cafes are restricted to the sidewalk frontage of the subject business establishment to which a permit has been issued or such other area as approved by the City Manager or his/her designee. (3) Sidewalk cafes shall be located in a manner that promotes efficient and direct pedestrian movement. A minimum of one unobstructed pedestrian path at least four feet wide shall be maintained at all times. In areas of congested pedestrian activity a wider pedestrian path may be required. Access to fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. (4) The Community Development Coordinator shall review an application for an outdoor cafe to determine compliance with all requirements of this section through a complete application including site plan, business plan, proof of insurance and all other documents required by this code. The Community Development Coordinator may impose conditions on the approval that ensure compliance with this code, that are needed to ensure compatibility of the outdoor cafe with adjoining businesses, or ??? 3 Ordinance No. . . (5) The time frames for review and appeal procedures shall be as prescribed in Section ??? e. General requirements for all outdoor cafes. (1) Operational requirements. (a) The permit shall be issued to the permit holder and shall be transferable only with the prior written approval of the City Manager or his/her designee. (b) Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with a sidewalk cafe shall be fire retardant or manufactured of fire-resistant material and shall be maintained with a clean and attractive appearance and shall be in good repair at all times. (c) No tables, chairs, or any other fixtures used in connections with an outdoor cafe shall be attached, chained, or in any manner affixed to any tree, post, sign, or other fixture. (c) The sidewalk cafe area, the area extending from the sidewalk cafe area to the street, and five feet beyond either end shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. (d) No amplified music provided to the patrons of any outdoor service area shall be identifiable in terms of the meaning of words or the melody of the music, at a distance of 100 feet in any direction from the outdoor service area. (e) The opening and closing hours of sidewalk cafes shall not extend beyond the hours of operation for the subject business establishment holding the sidewalk cafe permit. (f) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use. Alcoholic beverages must remain in the designated sidewalk cafe area. [Section 6-xxx] (g) No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the outdoor cafe area. 4 Ordinance No. . . (h) One menu (actual size) will be allowed to be affixed to the building fagade. (2) Location and design requirements. (a) The City of Clearwater may require the temporary removal of sidewalk cafes by the permit holder when street, sidewalk, or utility repairs necessitate such action or when, at the City's sole discretion, it is necessary to clear sidewalks. The permit holder shall be responsible for removing all sidewalk cafe fixtures at least two days prior to the date identified in writing by the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (b) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fixtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (c) City shall have the authority to secure or remove fixtures and other items associated with the sidewalk cafe if necessary in the interest of public safety. (d) The sidewalk cafe shall be specifically limited to the sidewalk cafe area identified in the permit. (e) The permit holder shall ensure that the sidewalk cafe does not interfere with or limit the free unobstructed passage of sidewalk users in the approved pedestrian path. (f) Any outdoor service area in excess of 25 percent of the floor area of the principal restaurant to which the outdoor area is accessory shall be considered as floor area in determining the number of required off-street parking spaces for the principal use. (g) The perimeter around the sidewalk cafe area may be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. (h) No tables or chairs will be permitted within the sight visibility triangle of a street intersection or driveway 5 Ordinance No. . . [Section 3-904 of Community Development Code]. Tables or chairs shall not be placed within four feet of bus stops, taxi stands, telephone booths, fire hydrants, or counter service windows nor within two feet of any building entrances and/or exits. (i) The permittee is responsible for repair of any damage to the sidewalk caused by the outdoor cafe. The repair shall be made to City standards and within a reasonable period of time. (j) The permittee shall meet all other City, county, and state regulations, laws, or ordinances. f. Additional requirements for outdoor cafes on public property. (1) By use of any permit granted hereunder, the permit holder agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permit holder shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney prior to issuance of a permit. (2) The permit holder shall furnish, pay for, and maintain during the life of the permit with the City: (a) Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. The City is to be specifically included as an additional insured on the policy. (b) Workers' Compensation insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including Employers' Liability which meets all state and federal laws. (3) The Permit holder shall provide the City with a certificate or certificates of insurance showing the existence of coverages required by this Permit. The Permit holder will maintain these coverages with a current certificate or certificates of insurance throughout the term of the permit with the City. (4) When specifically requested by the City in writing, the Permit holder will provide the City with certified copies of all polices of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided the City whenever any policy is renewed, revised, or obtained from other insurers. 6 Ordinance No. . . (5) All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. 3. Revocation of permit [Need language from Leslie] The approval of a sidewalk cafe permit is conditional at all times. Revocation of permits shall be in accordance with [reference section]. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk 7 Ordinance No. ~ Clearw~ter . u Revised 1/14/03 AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, February 18, 2003 Time: 2:00 pm Place: 112 South Osceola Street, 3rd Floor, Clearwater, Florida, 33756 (City Hall Commission Chambers) The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. Appeals may be initiated by the applicant or any person granted party status within 14 days ofthe date ofthe decision. If you have questions or concerns about a case, please contact the staff presenter from the Planning Department listed at the end of each agenda item at 727-562-4567. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE ROLL CALL Chair Petersen Vice Chair Hooper Doran Gildersleeve Moran Mazur Plisko Alternate member Milam City Staff A. APPROVAL OF MINUTES OF PREVIOUS MEETING: January 21,2003 CDB agenda - February 18,2003 - Page 1 B. LEVEL 2 APP.ATIONS: (Item 1) . 1. Case: FLD2002-10036 - 900 North Osceola Avenue move this to march Owner: Decade 80-XIV. Applicant: Clearwater Bay Marina, LLC. Representative: Don Harrill. Location: 8.89-acres located on the west side of North Osceola A venue, at the western terminus of Nicholson Street. Atlas Page: 277B. Zoning: D, Downtown District. Request: Flexible Development approval to increase the height of a building with attached dwellings from 30 feet to 149 feet (as measured from base flood elevation), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C, and to reduce the buffer width along the north property line from 10 feet to five feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: The application includes 146 attached condominium dwellings, eight attached townhome dwellings, 120-slip marina (73 public slips and 43 slips reserved for condos), and 7,500 square-foot nonresidential uses (restaurant/ship's store/marina office) Neighborhood Association(s): Old Clearwater Bay Neighborhood Association, Edgewater Drive Association, Stevenson Creek Neighborhood Association, Navajo Park Association, and North Greenwood Association. Presenter: Wayne Wells, Senior Planner. Case: FLD2002-11040 -20505 U.S. Highway 19 North. Owner: Lowe's Home Centers, Inc. Applicant: Michael Reynold' slLowe' s Home Centers, Inc. Representative: E.D. Armstrong, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. (work: 727.461. 1818/fax: 727.462.0365/email: eda@ibofirm.com). Location: The 11.5-acre site is located on the east side of U.S. Highway 19 North, approximately 200 feet south of Gulf to Bay Boulevard, within the Clearwater Mall redevelopment site. Atlas Page: 300A. Zoning: C, Commercial District. Request: Flexible Development approval, as an amendment to a previously approval Flexible Standard Development application (FLS2002-06048) to increase the height of material stored/displayed in the garden center and storage areas from 15 feet to 20 feet, increase the height of materials to be displayed in front of the store from four feet to eight feet, permit non-living plant material to be displayed in the front of the store, as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.B. Proposed Use: The proposal includes an amendment to a previously approved Flexible Standard Development application for outdoor retail sales, display and/or storage within the Commercial District as accessory to a home improvement retail sales establishment. Neighborhood Association(s): Seville RO Association (Association President, 2640 Seville Boulevard, Clearwater, FL, 33764). Presenter: Mark Parry, Planner. CDB agenda - February 18.2003 - Page 2 Case: FLD2002a44 -100 North Lady Mary Drive. . Owner/ Applicant: Michael Drazkowski, Midnight Rose, Inc. Representative: Mr. Pierre Cournoyer (work: 727.41O.3692/fax: 727.467.9494). Location: The 0.31-acre site is located on the west side of North Lady Mary Drive, approximately 450 feet north of Cleveland Street. Atlas Page: 287B. Zoning: MHDR, Medium High Density Residential District. Request: Flexible Development approval to reduce the side (north and south) setbacks from 10 feet to six feet (to building) reduce the lot area from 15,000 square feet to 13,483 square feet and reduce the lot width from 150 feet to 100 feet, as part of a Residential Infill Project under the provisions of Section 2-402.G. Proposed Use: The proposal includes four townhomes within a two-story, 3,849 square foot building. Neighborhood Association(s): Gateway Neighborhood (Pat Vaughn, 1326 Pierce Street, Apt. #2, Clearwater, FL, 33756, 727.461.7599). Presenter: Mark T. Parry, Planner. Case: FLD2002-12045 - 657 Court Street. Owners: The CEPCOT Corporation and Clearwater Train Station, Inc. Applicant: The CEPCOT Corporation. Representative: Mr. Randy Wedding (work: 727-821-6610/ fax: 727-894-4216/ email: rand y@weddingarchitects.com). Location: The 0.95-acre site is located on the west side of East A venue between Court Street and Chestnut Street. Atlas Page: 286B. Zoning: D, Downtown District. Request: Flexible Development approval to permit an automobile service station in the Downtown District as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C. Proposed Use: The proposal is for the construction of a 3,200 square-foot convenience store with gas pumps. Neighborhood Association(s): Pierce 100 Condominium Association (Terry Turner, 100 Pierce Street, #710, Clearwater, FL, 33756). Presenter: Wayne M. Wells, Senior Planner. 2. Case: SGN2002-01002 - 601 Old Coachman Road Owner/Applicant: City of Clearwater. Representative: Mr. Kevin Dunbar, Director, Parks and Recreation Department. Location: 17.42-acre site located on the west side of US Highway 19 North approximately 700 feet north of Drew Street and 200 feet east of Old Coachman Road (northeast comer of Old Coachman Road and Sharkey Road). Atlas Page: 281B. Zoning: C, Commercial District, OS/R, Open Space/Recreation District and I, Institutional District. Request: Comprehensive Sign Program .- Proposed Use: Sign program for the Clearwater Community Sports Complex and Phillies Spring Training Facility. Neighborhood Association(s): Presenter: Wayne M. Wells, Senior Planner. LEVEL 3 APPLICATIONS (Items 1-1) 1. Case: DEV2002-10001- 900 North Osceola Avenue move to march CDB agenda - February 18,2003 - Page 3 Owners: Decade .IV and City of Clearwater. . Applicants: Clearwater Bay Marina, LLC. and the City of Clearwater. Representative: Don Harrill. Location: 8.89-acre site located on the west side of North Osceola A venue, at the western terminus of Nicholson Street. Atlas Page: 277B. Zoning: D, Downtown District. Request: Review and recommendation on a joint City/Developer development agreement with the improvement of the Seminole Boat Landings. Proposed Use: Improvements to the existing Seminole Boat Landings site including shared access and use of parking spaces, in association with a proposed, adjacent development of 146 attached condominium dwellings, eight attached townhomes, I20-slip marina (73 public slips and 43 slips reserved for condos), and 7,500 square-foot nonresidential uses (restaurant/ship's store/marina office). Neighborhood Association(s): Old Clearwater Bay Neighborhood Association, Edgewater Drive Association, Stevenson Creek Neighborhood Association, Navajo Park Association, and North Greenwood Association. Presenter: Wayne Wells, Senior Planner. Case: REZ2002-l2004 - 1215 Bay Avenue. Owner/Applicant: Morton Plant Hospital Association. Representative: Emil C. Marquardt, Ir. (phone: 727-441-8966; fax: 727-442-8470). Location: The O.II-acre parcel is located on the east side of Bay Avenue approximately ISO feet north of Pinellas Street and 650 feet west of South Fort Harrison Avenue. Atlas Page: 305B. Request: Rezoning from 0, Office District to I, Institutional District. Proposed Use: Medical Office. Neighborhood Association(s): Harbor Oaks Homeowners Association (Cedio Saltorelli, 322 Lotus Path, Clearwater, FL, 33766, 727-446-0869). Presenter: Marc A. Mariano, Planner. 2. Case: T A2002-II 00 1 - Community Development Code Amendment Applicant: City of Clearwater, Economic Development Department. Request: Amendments to the Community Development Code regarding outdoor cafes on public and private property within the Tourist and Downtown Districts, including: definitions, permits/fees, applications, standards and criteria for review, and providing for conditions of permits, liability and insurance, and revocation. Presenter: Geraldine Campos, Assistant Director of Community Redevelopment. D. DIRECTOR'S ITEMS: E. ADJOURNMENT CDB agenda - February 18,2003 - Page 4 . . S:IJ>/anning Departmenf\C D /JIagendas DRC & CDB\CDlJ\200NEBRUARY\CDB February 19 2002.doc CDB agenda - February 18,2003 - Page 5 . . Fierce, Lisa From: Sent: To: Subject: Dougall-Sides, Leslie Wednesday, December 18, 20024:57 PM Tarapani, Cyndi; Fierce, Lisa FW: sidewalk cafe FY further I... -----Original Message----- From: Akin, Pam Sent: Wednesday, December 18, 2002 4:56 PM To: Stone, Ralph; Campos, Geraldine Cc: Brumback, Garry; Dougall-Sides, Leslie Subject: RE: sidewalk cafe I disagree I believe that it should be treated as an accessory use and reviewed as any other. -----Original Message----- From: Stone, Ralph Sent: Wednesday, December 18, 2002 2:57 PM To: Akin, Pam; Campos, Geraldine Cc: Brumback, Garry; Dougall-Sides, Leslie Subject: RE: sidewalk cafe geri/pam-we have always been working on incorporating the ordinance in the land development code; the issue is wheter to "blend it in" with the current "outdoor cafe" regs, which are limited to private property, and require site plan review, DRC, appeals rights etc.; this is what i DO NOT want to do; the appropriate approach is to make a new section immediately following which would be headed" Sidewalk Cafes" which would be limited to those areas in rights of way; the approach would be a permit which would have sign off by planning, engineering, building and e.d.; this would not create appeal rights and would not be mixed up with and confused with the private area outdoor regs. ; geri please place in the appropriate ordinance format and email to all of us; thanks -----Original Message----- From: Akin, Pam Sent: Wednesday, December 18, 2002 11:21 AM To: Campos, Geraldine Cc: Stone, Ralph; Brumback, Garry; Dougall-Sides, Leslie Subject: RE: sidewalk cafe Good morning Geri, after due consideration and consulting with the various view points, I believe the way to go is to put this in the Land Development Code. The version of the ordinance which I have seen is not in the appropriate format. I have asked Gina, my Staff assistant to put in the proper legal form. She will need your version e-mailed to her. -----Original Message----- From: Campos, Geraldine Sent: Tuesday, December 17, 2002 11:35 AM To: Akin, Pam Subject: FW: sidewalk cafe Hi Pam: Have you been able to give the sidewalk cafe issue any thought? As an update: From our meeting with Leslie and planning last week, the title for the ordinance for the CDS in January goes in this Friday. Leslie has written the amendments to Open Container law; drafted ordinance for section amending/repealing reference to s/w cafes in Ch. 20 of Code; drafted language re revocation of s/w cafe permits. I will finalize the sidewalk cafe ordinance this week and send to planning and legal for review. However, I first need direction regarding including the sidewalk cafe regulations (ordinance written) with the outdoor cafe on private property that is currently in the comm. dev. code. Please let me know if you have any questions. thanks, Geri 1 . . -----Original Message----- From: Stone, Ralph Sent: Monday, December 16, 2002 8:42 AM To: Akin, Pam Cc: Campos, Geraldine Subject: sidewalk cafe pam-i know we need to clone you; but the sidewalk cafe is also sched. for the jan. COB meeting; if you do not get to this today; would you please coordinate w geri campos; she is writting the ord and cover material; i still strongly recommend we use a right-of way permit type of approach for all the reasons we discussed; geri-if you do not hear from pam in your time frame; give her a call; she is very busy right now, but does not bite 2 . . Fierce, Lisa From: Sent: To: Subject: Dougall-Sides, Leslie Wednesday, December 18, 2002 4:56 PM Fierce, Lisa FW: sidewalk cafe FYI too... -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, December 18, 2002 4:36 PM To: Tarapani, Cyndi Subject: FW: sidewalk cafe FYI... -nnOriginal Messagen--- From: Stone, Ralph Sent: Wednesday, December 18, 2002 2:57 PM To: Akin, Pam; Campos, Geraldine Cc: Brumback, Garry; Dougall-Sides, Leslie Subject: RE: sidewalk cafe geri/pam-we have always been working on incorporating the ordinance in the land development code; the issue is wheter to "blend it in" with the current "outdoor cafe" regs, which are limited to private property, and require site plan review, DRC, appeals rights etc.; this is what i DO NOT want to do; the appropriate approach is to make a new section immediately following which would be headed" Sidewalk Cafes" which would be limited to those areas in rights of way; the approach would be a permit which would have sign off by planning, engineering, building and e.d.; this would not create appeal rights and would not be mixed up with and confused with the private area outdoor regs. ; geri please place in the appropriate ordinance format and email to all of us; thanks -n--Original Message----- From: Akin, Pam Sent: Wednesday, December 18,200211:21 AM To: Campos, Geraldine Cc: Stone, Ralph; Brumback, Garry; Dougall-Sides, Leslie Subject: RE: sidewalk cafe Good morning Geri, after due consideration and consulting with the various view points, I believe the way to go is to put this in the Land Development Code. The version of the ordinance which I have seen is not in the appropriate format. I have asked Gina, my Staff assistant to put in the proper legal form. She will need your version e-mailed to her. n---Original Message----- From: Campos, Geraldine Sent: Tuesday, December 17, 2002 11:35 AM To: Akin, Pam Subject: FW: sidewalk cafe Hi Pam: Have you been able to give the sidewalk cafe issue any thought? As an update: From our meeting with Leslie and planning last week, the title for the ordinance for the COB in January goes in this Friday. Leslie has written the amendments to Open Container law; drafted ordinance for section amending/repealing reference to s/w cafes in Ch. 20 of Code; drafted language re revocation of s/w cafe permits. I will finalize the sidewalk cafe ordinance this week and send to planning and legal for review. However, I first need direction regarding including the sidewalk cafe regulations (ordinance written) with the outdoor cafe on private property that is currently in the comm. dev. code. Please let me know if you have any questions. thanks, Geri 1 . . -----Original Message--m From: Stone, Ralph Sent: Monday, December 16, 2002 8:42 AM To: Akin, Pam ee: Campos, Geraldine Subject: sidewalk cafe pam-i know we need to clone you; but the sidewalk cafe is also sched. for the jan. COB meeting; if you do not get to this today; would you please coordinate w geri campos; she is writting the ord and cover material; i still strongly recommend we use a right-of way permit type of approach for all the reasons we discussed; geri-if you do not hear from pam in your time frame; give her a call; she is very busy right now, but does not bite 2 . . Fierce, Lisa From: Sent: To: Cc: Subject: Tarapani, Cyndi Thursday, December 19, 2002 11 :24 AM Akin, Pam; Dougall-Sides, Leslie; Brumback, Garry; Stone, Ralph Owens, Reginald W.; Campos, Geraldine; Fierce, Lisa; Nicodemus, Sherrie Sidewalk Cafe I spoke to Garry this morning re the sidewalk cafe. So as to have a meaningful conversation among all of us on the outstanding issues, we will pull the sidewalk cafe ordinance from the January CDB meeting and meet in early January to discuss these issues. Sherrie-please schedule one hour on all of the above calendars during the week of Jan 6 for us to discuss this issue. Thanks. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl..com 1 . . Fierce, Lisa From: Sent: To: Cc: Subject: Campos, Geraldine Monday, December 09,20029:47 AM Stone, Ralph; Dougall-Sides, Leslie; Fierce, Lisa; Tarapani, Cyndi Owens, Reginald W. Revised Sidewalk Cafe Ordinance In preparation for our meeting Wednesday, I have gone through the draft ordinance and made several revisions per comments from our last meeting. Revised draft is attached. Please let me know if there are any items that we have not addressed. Outstandina Items to discuss: Outdoor seating section Tourist locationuon Clearwater Beach only Clarification of "Requirements" and "Conditions" Need revocation language (Leslie) Permit fee Dev. Services application processing Other application requirements (Should we add copy of alcohol license to application reqs?) Amending other sections (Section 28-04 of Code of Ordinances) Thanks, Geri ~!,~ ,~ . . - .- sidewalk cafe v2 Ordinance.doc.. . Geraldine Campos Assistant Director of Community Redevelopment City of Clearwater (727) 562-4023 (727) 562-4075 Fax gcam pos @clearwater-fl.com 1 . . .!!!!.pani, Cyndi From: Sent: To: Cc: Subject: Owens, Reginald W. Monday, February 24, 2003 8:28 AM Tarapani, Cyndi Campos, Geraldine RE: Amendment to Sidewalk Cafe ordinance Cyndi Prior to moving forward with your proposed parking amendment on the Sidewalk Cafe, I would ask that you reconsider the parking stipulation on the beach - in our efforts to make the downtown and beach more pedestrian oriented, I personally feel that we need to encourage by "ordinance" everyone's physical ability to "walk" I cannot think of one example at a beachside (west palm beach, sand diego, etc) or a major national tourist destination with outdoor cafe's (Paris, Rome, etc) were they are ever concerned about the need to walk some distance to parking areas, in fact the ultimate lack of parking during "peak" periods becomes actually a pedestrian event to enjoy along with the crowds - on non-peak days it is never an issue - this need for adjacent parking seems an American weakness I see this as a great opportunity to truly instill a pedestrian environment on the beach, and I would encourage you to reconsider. Thanks -----Original Message----- From: Tarapani, Cyndi Sent: lhursday, February 20, 2003 4:57 PM To: Owens, Reginald W.; Campos, Geraldine Cc: Gerlock, Frank; Fierce, Usa Subject: Amendment to Sidewalk Cafe ordinance Based on the concerns raised by Ralph today in his e-mail, I propose the following amendment to the current draft of the Sidewalk cafe ordinance. The attachment shows the amendment-the existing first sentence would remain and a second sentence is added and is shown underlined just for ease of review. With regard to downtown, we are currently being very lenient about the parking in the core for all the reasons I have discussed with you all previously-ie, walkable downtown, multiple trips and no need for multiple parking, etc. This proposal will codify that lenient review. With regard to the Beach tourist district, this proposal would allow us the flexibility to look at individual cases and not require additional parking where not needed but gives the ability to review for parking if the proposed sidewalk cafe is such an increase in capacity that a parking problem would result. An example of the latter: if an existing restaurant of 50 seats wants to add 50 outdoor seats, it is possible that this could cause a parking problem. This proposed language allows us to look at the situation and see if there is adequate parking in the vicinity or not. As proposed, the reduction or elimination of parking would be a decision by the Community Development Coordinator during the review of the sidewalk cafe and would not be an onerous process. Please take a look at this-the ordinance was due to the Clerk this week and I assume that it is there already for advertising. While this amendment will not change the title, we need to finalize this ordinance so the final staff report can be written and the package prepared for the CDB mailout. The CDB meeting on this item is March 18; the mailout for this item is March 7-right around the corned! Please let me know ASAP-preferably no later than Monday-what your thoughts are. I would be happy to discuss either on the phone or in person. Lisa and Frank-I am asking you to insure that when we agree on the final language, that we have the final ordinance and final staff report ready. Thanks. < < File: Sidewalk cafe amt on parking.doc > > 1 Cyndi Tarapani Planning Director (727) 562-4547 ctarapan@clearwater-fl..com . . 2 . . ~ani, Cyndi From: Sent: To: Cc: Subject: Tarapani, Cyndi Thursday, February 20, 20034:57 PM Owens, Reginald W.; Campos, Geraldine Gerlock, Frank; Fierce, Lisa Amendment to Sidewalk Cafe ordinance Based on the concerns raised by Ralph today in his e-mail, I propose the following amendment to the current draft of the Sidewalk cafe ordinance. The attachment shows the amendment-the existing first sentence would remain and a second sentence is added and is shown underlined just for ease of review. With regard to downtown, we are currently being very lenient about the parking in the core for all the reasons I have discussed with you all previously-ie, walkable downtown, multiple trips and no need for multiple parking, etc. This proposal will codify that lenient review. With regard to the Beach tourist district, this proposal would allow us the flexibility to look at individual cases and not require additional parking where not needed but gives the ability to review for parking if the proposed sidewalk cafe is such an increase in capacity that a parking problem would result. An example of the latter: if an existing restaurant of 50 seats wants to add 50 outdoor seats, it is possible that this could cause a parking problem. This proposed language allows us to look at the situation and see if there is adequate parking in the vicinity or not. As proposed, the reduction or elimination of parking would be a decision by the Community Development Coordinator during the review of the sidewalk cafe and would not be an onerous process. Please take a look at this-the ordinance was due to the Clerk this week and I assume that it is there already for advertising. While this amendment will not change the title, we need to finalize this ordinance so the final staff report can be written and the package prepared for the CDB mail out. The CDB meeting on this item is March 18; the mailout for this item is March 7-right around the corned! Please let me know ASAP-preferably no later than Monday-what your thoughts are. I would be happy to discuss either on the phone or in person. Lisa and Frank-lam asking you to insure that when we agree on the final langu~e, that we have the final ordinance and final staff report ready. Thanks. ~ Sidewalk cafe amt on parking.d... Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com 1 . . PROPOSED AMENDMENT (c) Any sidewalk cafe whose floor area is in excess of25% ofthe floor area of the principal use shall be considered as floor area in determining the number of required off- street parking spaces for the principal use. However. the Community Development Coordinator may reduce or eliminate the parking requirement based on a parking demand study and a fInding that adequate parking is currently provided and/or that the sidewalk cafe addition creates a negligible increase in the parking demand. . . Tarapani, Cyndi From: Sent: To: Cc: Subject: Stone, Ralph Thursday, February 20,200311 :00 AM Campos, Geraldine Owens, Reginald W.; Tarapani, Cyndi; Brumback, Garry sidewalk cafe ordinance Geri-please make two modifications in the ordinance and it will be ready to go; first on p. 4 under paragraph (c) add the following sentence "This shall not apply to sidewalk cafes on public rights-of-way in the Downtown (D) and Tourist (T) zoning districts." (Note-there are probably 3-5 restaurants on S. Gulfviewand N. Mandalay that are going to be ready to move onto the sidewalk when the streetscapes are done that have already done the 25% on the private side, ie. Julie's (soon to be Frency's, Post Corner Pizza, etc) and several that are really small (David Little's for example) that do not have existing parking already; bottom line is it is counter productive to require them to go through an artificial exercise to do something we want to strongly encourage; The second change is on p. 6 in paragraph 3. -Please delete the requirement to provide a "business plan"; (Note-whether on the sidewalk or private property-the outdoor eating is accessory to an existing business, so this requirement is unnecessary lfA1{#J~ m~~~~Md' 0t ~?1~ 0Y/{L i3/~L Oafe ~?7R j;J~tJJ<. q jJ~r~ ~~) 1 t .., . . ~ani, Cyndi Cc: Subject: Tarapani, Cyndi Thursday, February 06,20033:09 PM Stone, Ralph; Campos, Geraldine; Owens, Reginald W.; Dougall-Sides, Leslie; Quillen, Michael Brumback, Garry; Goudeau, Cyndie; Home, Bill RE: sidewalk cafe applicant From: Sent: To: Re trying to tlnd an interim solution, I am open to it and will wait for Geri to develop this further. Re the parking requirement generally, my concern as I have previously expressed it to Geri is that on the beach, the parking requirements were reduced in half across the board under the old code. To complicate that, additional variances were also granted for beach businesses. This resulted in a parking problem-severe in some areas, less so in other areas. The requirement as it currently is does not require parking to be installed if you expand more than 25~/o, just that parking will be evaluated. The Code has the ability to reduce the parking provided on site for a variety of valid reasons. As a holistic solution, in downtown, we are exploring having a "parking free zone"-where no on-site parking is required-this will likely be within the core where parking is available and a pedestrian atmosphere exists. As I told Geri, when we are further along with the discussion on exchanging right-of-way with owners on Gulfview, we can evaluate the situation and make adjustments. I believe that it would be a mistake for these owners to use the extra land they get as parking. On the other hand, if the use will have a negative effect on surrounding businesses due to parking in right-of-way or on others' property, then we need to address the parking issue. Also, as the Gulfview design progresses, we will have a better idea about the number of parking spaces that will exist and the trade area that it supports. Hopefully, the parking garage idea will be further along as well. I will wait to hear from Geri on the specitic project. Thanks. Cyndi Tarapani Planning Director (727) 562-4547 ctarapan@clearwater-fl.com -----Original Message----- From: Stone, Ralph Sent: Thursday, February 06, 2003 11:46 AM To: Campos, Geraldine; OWens, Reginald W.; Tarapani, Cyndi; Dougall-Sides, Leslie; Quillen, Michael Cc: Brumback, Garry; Goudeau, Cyndie; Home, Bill Subject: sidewalk cafe applicant We had our first applicant come in this morning; Atif, the owner of Captain's Pizza on Manadaly is would like to have six tables in front of his business for Spring Break; he is on the west side of Mandalay; At agenda review yesterday the problem w the advertising and time lapse for the ordinance was discussed along w the option of using some alternative type of approval process in the interim so that businesses that want to make the Spring Break trade can do that; FYI, due to the economy, war and climate this is turning out to be the worst winter season in years; therefore if we can figure out a way to do this on an interim basis that would be good, in addition to having "promised" the businesses out there that the ordinance would be in place for Spring Break Geri-would you please get w Leslie, Mike and Cyndi and see want you can come up with; I am also still concerned about the 25% rule applying to the right-of-way; when we visited Ft. Lauderdale and S. Beach there were many small establishments that had more tables outside than inside; in a pedestrian environment we should support that; requiring parking for tables over 25% will artificially eliminate small businesses; we also have the circumstance that some of the businesses on the beach have already done the 25 % on the private 1 -.property; that means, by definitio.at any thing they do on the sidewalk willie rate parking requirements unless they cut back some where else; as we know Frency's just bought Julie's Sunsets, which already did the outdoor cafe thing on the private side; we want as many outdoor tables on the Beachwalk Promenade as possible; Geri-please go back and review the other ordinances from other cities and see if they had a limit that required parking for the sidewalk area; Geri will arrange a preapplication meeting W Atif as soon as the group defines an interim approval alternative if possible; thanks 2 . . '!!!!pani, Cyndi From: Sent: To: Cc: Subject: Stone, Ralph Thursday, February 06, 2003 11 :46 AM Campos, Geraldine; Owens, Reginald W.; Tarapani, Cyndi; Dougall-Sides, Leslie; Quillen, Michael Brumback, Garry; Goudeau, Cyndie; Horne, Bill sidewalk cafe applicant We had our first applicant come in this morning; Atif, the owner of Captain's Pizza on Manadaly is would like to have six tables in front of his business for Spring Break; he is on the west side of Mandalay; At agenda review yesterday the problem w the advertising and time lapse for the ordinance was discussed along w the option of using some altemative type of approval process in the interim so that businesses that want to make the Spring Break trade can do that; FYI, due to the economy, war and climate this is turning out to be the worst winter season in years; therefore if we can figure out a way to do this on an interim basis that would be good, in addition to having "promised" the businesses out there that the ordinance would be in place for Spring Break Geri-would you please get w Leslie, Mike and Cyndi and see want you can come up with; I am also still concerned about the 25% rule applying to the right-of-way; when we visited Ft. Lauderdale and S. Beach there were many small establishments that had more tables outside than inside; in a pedestrian environment we should support that; requiring parking for tables over 25% will artificially eliminate small businesses; we also have the circumstance that some of the businesses on the beach have already done the 25 % on the private property; that means, by definition, that any thing they do on the sidewalk will generate parking requirements unless they cut back some where else; as we know Frency's just bought Julie's Sunsets, which already did the outdoor cafe thing on the private side; we want as many outdoor tables on the Beachwalk Promenade as possible; Geri-please go back and review the other ordinances from other cities and see if they had a limit that required parking for the sidewalk area; Geri will arrange a preapplication meeting w Atif as soon as the group defines an interim approval alternative if possible; thanks 1 . . .!!!!,pani, Cyndi From: Sent: To: Cc: Subject: Campos, Geraldine Thursday, Janual)' 30, 2003 8:56 AM Tarapani, Cyndi OWens, Reginald W. Draft of Sidewalk Cafe Agenda cover memo Hi Cyndi: Attached is a draft of the sidewalk cafe agenda item. Please review and let me know if you have any comments and suggestions so I can finalize and send to Sandy for processing/sign off. I still have a couple of questions: 1) The timeframe section in the ordinance references See 4-203 for the building permit. I don't see an actual timeframe in this section. Is it stated elsewhere? 2)What is the amendment to the Comprehensive sign program listed in the title? 3) The title references a definition of sidewalk cafe. Does this need to be included as another section in this ordinance? 4) As I summarized the points in the agenda cover memo, I saw that the 4 feet minimum for sidewalk covers both private and public properties. Is this a condition that you want to stipulate on private property? 5) 25% of floor area for determining parking: I'm still concerned that this will be an issue for the beach. Could we exempt the beach from this requirement? I believe that most of the sidewalk cafe users will be walk-ups and don't want to add an off-street parking requirement with land so scarce. We could stipulate any further conditions with the 35' right of way agreements on S. Gulfview. Please let me know what you think. thanks, Geri :::;:-'\. ~h~ Sidewalk Cafe Agenda Item 2-20... Geraldine Campos Assistant Director of Community Redevelopment City of Clearwater (727) 562-4023 (727) 562-4075 Fax gcampos@clearwater-fl.com 1 . . ~ani, Cyndi From: Sent: To: Cc: Subject: Tarapani, Cyndi Wednesday, January 29, 2003 4:36 PM Campos, Geraldine Fierce, Lisa; Dougall-Sides, Leslie; Hollander, Gwen Sidewalk Cafe Ordinance I did a final proof and edit on the ordinance-minor changes include putting the number of the ordinance in the footer of the document, and making alignment read correctly. I believe that I also caught any references to "outdoor" and changed them to "sidewalk." So here is the final version ready for advertising. Thanks. ~ Outdoor cafe ord.doc Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com 1 . . PrYttj~ ~ ORDINANCE NO. 7063-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SIDEWALK CAFES AND TO FEES FOR SIDEWALK CAFES AND COMPREHENSIVE SIGN PROGRAM MINOR AMENDMENT; REPEALING SECTION 3-201 C IN ITS ENTIRETY AND REENACTING A NEW SECTION 3-201 C. SIDEWALK CAFES; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION BY ADDING A DEFINITION FOR SIDEWALK CAFE; AMENDING APPENDIX A, LAND DEVELOPMENT CODE TO SET FORTH NEW FEES FOR SIDEWALK CAFE REVIEW, SIDEWALK CAFE PERMIT AND A MINOR AMENDMENT TO COMPREHENSIVE SIGN PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, there exists the need for sidewalk eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption; and WHEREAS, because of the high intensity of development in the Downtown "0" and Tourist "T" zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way; and WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment; and WHEREAS, there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas; and WHEREAS, the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater; and WHEREAS, the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-201 C. Outdoor Cafes., Community Development Code, is hereby repealed in its entirety and reenacted as follows: Ordinance No. 7063 -03 . . 3-201 C. Sidewalk cafes. 1. Purpose and Applicability. It is the intent of the City to allow sidewalk cafes so as to enhance the pedestrian, urban and beach character of the City by providing an additional amenity for the public to enjoy. Sidewalk cafes are permitted in the Commercial District, the Tourist District on property located on Clearwater Beach only or in the Downtown district provided all requirements of this section are met. Sidewalk cafes on public right-of-way shall only be allowed in the Tourist and Downtown Districts. An sidewalk cafe may be established as an accessory use to a restaurant, nightclub or other appropriate business as determined by the Community Development Coordinator. This section applies to a sidewalk cafe located solely on private property or a cafe located partially or totally within the public right-of-way. 2. Application Requirements and Review Process. a. Review process. If a sidewalk cafe is to be added to an existing business, then the sidewalk cafe shall be reviewed as an accessory uselMinimum Standard Development. If the cafe is proposed as accessory to a new business, then the sidewalk cafe shall be reviewed along with the proposed use as either Level One-Flexible Standard or Level Two-Flexible Use as determined in the applicable zoning district. b. Submittal requirements. (1) The applicant is required to hold a pre-application meeting with the Community Development Coordinator to discuss the proposed sidewalk cafe and application requirements. (2) A completed application for a sidewalk cafe permit shall be submitted to the Community Development Coordinator. The application shall include, but not be limited to, the following information: (a) Name, address, telephone number, facsimile and e- mail address of the applicant (business owner or designee) and the property owner; (b) Name, address and legal description of the property on which the sidewalk cafe is proposed to be located; (c) For existing businesses, a copy of a valid City of Clearwater occupational license to operate the business establishment that is the subject of the application; (d) Written approval to request the application from the owner of the property in which the permitted business established is located; 2 Ordinance No. 7063-03 . . (e) A site plan (drawn to scale of minimum 1 :50) showing the layout and dimensions of the sidewalk; sidewalk cafe area and adjacent private property and building showing entrances and exits; proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, railings, decorative chains and any other fixture, structure or obstruction either existing or proposed within the sidewalk cafe; (f) Photographs, drawings or manufacturers' brochures fully describing the appearance, color, and materials of all proposed tables, chairs; umbrellas, awnings, canopies or other fixtures related to the sidewalk cafe; (g) Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the right of way; and (h) For sidewalk cafes on public right-of-way, a copy of current certificate of insurance in the amounts and categories required by this article. c. General requirements for all sidewalk cafes. (1) Operational requirements. (a) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use or other appropriate business. (b) No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage of foods or materials, cooling, refrigeration or other equipment located in the sidewalk cafe area. (c) No amplified music at a sidewalk cafe in the right-of- way shall be allowed. Amplified music in a sidewalk cafe on private property shall be specifically requested by the applicant and shall be reviewed for its impacts on surrounding properties and businesses. (d) The hours of operation of a sidewalk cafe shall be coincident with the hours of operation of the principal business to which it is accessory. (e) The operator of the sidewalk cafe shall meet all other City, county and state regulations, laws or ordinances. (2) Location and design requirements. 3 Ordinance No. 7063-03 . . (a) Sidewalk cafes are restricted to the sidewalk frontage of the subject business establishment to which a permit has been issued or such other area as approved by the City Manager or his/her designee. (b) Sidewalk cafes shall be located in a manner that promotes efficient and direct pedestrian movement. A /); minimum of one unobstructed pedestrian pat~ 'l four feet wide shall be maintained at all times. In areas ~ of congested pedestrian activity a wider pedestrian p ., 0 __. ) path may be required. Access to fire hydrants, fire lG/ hose connections for sprinkler systems, and entrances ~ and exits of all buildings shall not be obstructed at any t?~'?2.,.. time by barriers or seating.7'~~ (c) Any sidewalk cafe whose floor area is in excess of 25% of the floor area of the principal use shall be considered as floor area in determining the number of required off-street parking spaces for the principal use. (d) To insure the convenience of users and to enhance the visual quality of the urban environment, the sidewalk cafe shall comply with the Design Guidelines for the district in which it is located. Specifically, tables, chairs, umbrellas, canopies, awnings and all other fixtures/decorative materials shall be of good design made of quality materials and workmanship, be fire-retardant or manufactured of fire resistant material. Tables, chairs and other fixtures used in connection with the sidewalk cafe shall not be attached, chained or in any manner affixed to any tree, post, sign or other fixture. (e) No tables or chairs will be permitted within the sight visibility triangle of a street intersection or driveway as required in this code. Tables or chairs shall not be placed within four feet of bus stops, taxi stands, telephone booths, fire hydrants, or counter service windows or within two feet of any building entrances and/or exits. (f) The perimeter around the sidewalk cafe area shall be delineated using non-permanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. (3) Maintenance. (a) Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with a sidewalk cafe shall be maintained by the sidewalk cafe operator with 4 Ordinance No. 7063-03 . . a clean and attractive appearance and shall be in good repair at all times. (b) The sidewalk cafe area, the area extending from the sidewalk cafe area to the street, and five feet beyond either end shall be maintained by the business owner in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. (c) The sidewalk cafe operator is responsible for repair of any damage to the sidewalk caused by the sidewalk cafe. The repair shall be made to City standards and within a reasonable timeframe. d. Additional Requirements for Sidewalk Cafes on Public Rights-of-Way (1) A sidewalk cafe on public right -of-way shall apply for and receive a permit to operate within the right-of-way. The permit shall be issued to the permit holder and shall be transferable only with the prior written approval of the City Manager or his/her designee. (2) By use of any permit granted hereunder, the permit holder agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permit holder shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney prior to issuance of a permit. (3) The permit holder shall furnish, pay for, and maintain during the life of the permit with the City: (a) Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. The City is to be specifically included as an additional insured on the policy. (b) Workers' Compensation insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including Employers' Liability which meets all state and federal laws. (4) The Permit holder shall provide the City with a certificate or certificates of insurance showing the existence of coverages required by this Permit. The Permit holder will maintain these coverages with a current certificate or certificates of insurance throughout the term of the permit with the City. (5) When specifically requested by the City in writing, the Permit holder will provide the City with certified copies of all polices of insurance as required above. New certificates and new certified copies of policies, if 5 Ordinance No. 7063-03 . . certified copies of policies have been requested, shall be provided the City whenever any policy is renewed, revised, or obtained from other insurers. (6) All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. (7) The City of Clearwater may require the temporary removal of sidewalk cafes and all related furniture an fixtures by the permit holder when street, sidewalk, or utility repairs necessitate such action or when, at the City's sole discretion, it is necessary to clear sidewalks. The permit holder shall be responsible for removing all sidewalk cafe fixtures at least two days prior to the date identified in writing by the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (8) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fixtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (9) The City shall have the authority to secure or remove fixtures and other items associated with the sidewalk cafe if necessary in the interest of public safety. 3. Standards for Review and Decision. The Community Development Coordinator shall review an application for an sidewalk cafe to determine compliance with all requirements of this section through a complete application including site plan, business plan, proof of insurance and all other documents required by this code. The Community Development Coordinator may approve the application, approve the application with conditions that ensure compliance with this code and are needed to ensure compatibility of the sidewalk cafe with adjoining businesses, or deny the application. The time frame and process for review of a sidewalk cafe for an existing business shall be as prescribed in Section 4-203, Building Permit of this code. The time frame and process for review of a sidewalk cafe as part of a Flexible Standard or Flexible Use shall be as prescribed in Article 4 of this code. Upon approval, each permit for sidewalk cafes on right-of-way shall be effective for one year from October 1 until September 30, and must be renewed annually with the approval of the City. A renewal with no significant changes to the sidewalk cafe as originally approved will not require a complete review. Any significant changes to a sidewalk cafe shall require review as a new application. The City of Clearwater reserves the right to inspect the sidewalk cafe at any time with or without notice to the operator to determine compliance with this code and any conditions attached to the sidewalk cafe. 6 Ordinance No. 7063-03 . . 4. Appeal of Community Development Coordinator Decision. For sidewalk cafes using public right-of-way, the Community Development Coordinator may deny an application for a sidewalk cafe permit if the applicant fails to provide the required information or fails to meet the criteria for permit issuance. Such action shall be considered final and is not subject to appeal. For sidewalk cafes on private property, an appeal of the Community Development Coordinator's decision may be submitted in accordance with the provisions of Article 4. 5. Revocation of permit. The Community Development Coordinator may revoke a permit for any sidewalk cafe located on public right-of-way if it is found that: (1) Any necessary business or health permit has been suspended or revoked; or (2) The permittee does not have currently effective insurance in the minimum amount as required in this Code; or (3) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating the removal of the sidewalk cafe. Such decisions shall be based upon findings of the Community Development Coordinator, after consulting with the City Engineer, that the existing conditions represent a danger to the health, safety or general welfare of the public; or (4) The permittee fails to comply with one or more conditions of the permit. Upon revocation of a permit, the Community Development Coordinator shall give written notice of such action by certified mail, return receipt requested, to the permittee at the address listed on the application, stating the reason(s) for revocation. The revocation shall become effective and final fifteen (15) days following mailing of the notice, and is not subject to appeal. The City Manager or designee may take at any time, whether or not the permit was issued, is current, in ~ess of being revoked, or has been revoked, such action regarding a~afe located on public property as is necessary to preserve public safety. Such action shall be considered final and is not subject to appeal. fJ Section i. Appendix A, Land Development Code, Schedule of Fees, Rates and Charges, Sectio VIII, is hereby amended to read as follows: There is hereby established the following fees and charges related to review and processing of Level One. Level Two and Level 3 Three applications: (1) Level One. * * * * * 7 Ordinance No. 7063-03 . . (j) Sidewalk Cafe Application If proposed as accessory to an existina use ................. $50.00 If part of a Flexible or Flexible Standard Application. no additional fee. Sidewalk Cafe Permit....................................................... .$120.00 Due on or before October 1 of each year and shall cover the time period of October 1 throuah September 30 of the followina calendar year. For a permit issued after October 1 and before September 30. the permit fee shall be prorated on a monthly basis. Any portion of a month shall be considered a full month for the purposes of calculatina the prorated permit fee. * * * * * (j) Minor amendment to approved comprehensive sian proaram. per application ... ...... ... ............ ... ... ... ... .................. ... ... ... ...... ...... $75.00 Section f. 4::us ordinance shall take effect on March 10. 2003. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk 8 Ordinance No. 7063-03 . . Tarapani, Cyndi From: Sent: To: Cc: Subject: Tarapani, Cyndi Friday, January 24, 2003 2:24 PM Campos, Geraldine; Dougall-Sides, Leslie Fierce, Lisa Sidewalk Cafe ordinance I am sending you the DRAFT Sidewalk Cafe ordinance-it still has work to be done. But I wanted you both to have it for your own purposes. Leslie-I think I have made the corrections and deletions that you suggested-but please review and make sure. Geri-the time for a building permit review is set by policy-with length of time determined by complexity of application. The shortest range is 3 days, I think and I would anticipate this review to fall into that category. Thinking ahead some, I think it is time for you, Lisa and I to meet with Kevin Garriott and talk about the specifics of the internal review procedures. There are several other matters that will require your attention to get this new process in place-Lisa and I will be glad to help you on these. They include: new application form, training of Planning, Development Services and Engineering staff on the code and internal review procedures. You also need to make sure that Kevin's computerized permit system-PermitPlan is adapted to accept this type of application. You may also want to get access to PermitPlan so you can review the status of applications directly on the computer rather than calling Kevin. Having done many code amendments before, I know that these things take some time to work out but they need to be ready on the effective date of the ordinance. Here is the draft ordinance. Thanks. i[J Outdoor cafe ord.doc Cyndi Tarapani Planning Director (727) 562-4547 ctarapan@clearwater-fl.com 1 " ~~.UZ4 . ~~~ ~ I. tfjAJ, ~xd ORDINANCE NO. 7063-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SIDEWALK CAFES AND TO FEES FOR SIDEWALK CAFES AND COMPREHENSIVE SIGN PROGRAM MINOR AMENDMENT; REPEALING SECTION 3-201 C IN ITS ENTIRETY AND REENACTING A NEW SECTION 3-201 C. SIDEWALK CAFES; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION BY ADDING A DEFINITION FOR SIDEWALK CAFE; AMENDING APPENDIX A, LAND DEVELOPMENT CODE TO SET FORTH NEW FEES FOR SIDEWALK CAFE REVIEW, SIDEWALK CAFE PERMIT AND A MINOR AMENDMENT TO COMPREHENSIVE SIGN PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, there exists the need for sidewalk eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption; and WHEREAS, because of the high intensity of development in the Downtown "0" and Tourist 'T' zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way; and WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment; and WHEREAS, there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas; and WHEREAS, the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater; and WHEREAS, the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein; now, therefore, BE IT ORDAINED BY THE CITY OF CLEARWATER, FLORIDA: MMISSION OF THE CITY Section 1. Section 3-201 C. . __ wa afes., Community Development Code, is hereby repealed in its entirety and reena ed as follows: Ordinance No. -01 . . 3-201 C. Sidewalk cafes. tJU! JYJ'~ I /~. Pr/ I Ii} ,1/7 l#o 1"r 2. 1. Purpose and Applicability. It is the intent of the City to ow sidewalk cafes so as to enhance the pedestrian, urban and bea h character of the City by providing an additional amenity for the publ c to enjoy. Sidewalk cafes are permitted in the Commercial Distri the Tourist District on property located on Clearwater Beach only or in the ow n district provided all requirements of this section are met. An sidewalk ca ' e established as an accessory use to a restaurant, nightclub or other appropriate business as determined by the Community Development Coordinator. This section applies to a sidewalk cafe located solely on private property or a cafe located partially or totally within the public right-of-way. Application Requirements and Review Process. a. Review process. If aJ sidewalk cafe is to be added to an existing business, then the sidewalk cafe shall be reviewed as an accessory use/Minimum Standard Development. If the cafe is proposed as accessory to a new business, then the sidewalk cafe shall be reviewed along with the proposed use as either Level One-Flexible Standard or Level Two-Flexible Use as determined in the applicable zoning district. b. Submittal requirements. (1) The applicant is required to hold a pre-application meeting with the Community Development Coordinator to discuss the proposed sidewalk cafe and application requirements. (2) A completed application for a sidewalk cafe permit shall be submitted to the Community Development Coordinator. The application shall include, but not be limited to, the following information: COMPARE TO SITE PLAN REQUIREMENTS IN CODE (a) Name, address, telephone number, facsimile and e- mail address of the applicant (business owner or designee) and the property owner; (b) Name, address and legal description of the property on which the sidewalk cafe is proposed to be located; (c) For existing businesses, a copy of a valid City of Clearwater occupational license to operate the business establishment that is the subject of the application; 2 Ordinance No. General requirements for all sidewalk cafes. Iv (1) OperatiO"l!" re=~;a fY ~ Ga) Thr~rmit shall be issued to the permit holder and shall be transferable only with the prior written approval of the City Manager or his/her designee. (b) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use or other appropriate business. (c) No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage of foods or materials, cooling, refrigeration or other equipment located in the sidewalk cafe area. (d) No amplified music provided to the patrons of a sidewalk cafe shall be identifiable in terms of the meaning of words or the melody of the music at a distance of 100 feet in any direction from the sidewalk cafe when sustained wind velocity is less c. ~~ I1U /14 ~ ~ ' ()frJ~ ~ . . (d) Written approval to request the application from the owner of the property in which the permitted business established is located; (e) A site plan (drawn to scale of minimum 1 :50) showing the layout and dimensions of the sidewalk; sidewalk cafe area and adjacent private property and building showing entrances and exits; proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, railings, decorative chains and any other fixture, structure or obstruction either existing or proposed within the sidewalk cafe; (f) Photographs, drawings or manufacturers' brochures fully describing the appearance, color, and materials of all proposed tables, chairs; umbrellas, awnings, canopies or other fixtures related to the sidewalk cafe; (g) Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the right of way; and (h) For sidewalk cafes on public right-of-way, a copy of current certificate of insurance in the amounts and categories required by this article. 3 Ordinance No. . . than 15 miles per hour. REVIEW WITH ROB SURRETTE-RE NE NOISE ORDINANCE (e) The hours of operation of a sidewalk cafe shall be coincident with the hours of operation of the principal business to which it is accessory. (f) The operator of the sidewalk cafe shall meet all other City, county and state regulations, laws or ordinances. (2) Location and design requirements. (a) Sidewalk cafes are restricted to the sidewalk frontage of the subject business establishment to which a permit has been issued or such other area as approved by the City Manager or his/her designee. (b) Sidewalk cafes shall be located in a manner that promotes efficient and direct pedestrian movement. A minimum of one unobstructed pedestrian path at least four feet wide shall be maintained at all times. In areas of congested pedestrian activity a wider pedestrian path may be required. Access to fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. (c) Any sidewalk cafe whose floor area is in excess of 25% of the floor area of the principal use shall be considered as floor area in determining the number of required off-street parking spaces for the principal use. (d) To insure the convenience of users and to enhance the visual quality of the urban environment, the sidewalk cafe shall comply with the Design Guidelines for the district in which it is located. Specifically, tables, chairs, umbrellas, canopies, awnings and all other fixtures/decorative materials shall be of good design made of quality materials and workmanship, be fire-retardant or manufactured of fire resistant material. Tables, chairs and other fixtures used in connection with the sidewalk cafe shall not be attached, chained or in any manner affixed to any tree, post, sign or other fixture. (e) No tables or chairs will be permitted within the sight visibility triangle of a street intersection or driveway as required in this code. Tables or chairs shall not be placed within four feet of bus stops, taxi stands, telephone booths, fire hydrants, or counter service windows or within two feet of any building entrances and/or exits. (f) The perimeter around the sidewalk cafe area shall be delineated using non-permanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. 4 Ordinance No. . . (3) Maintenance. d. (a) Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with a sidewalk cafe shall be maintained by the sidewalk cafe operator with a clean and attractive appearance and shall be in good repair at all times. (b) The sidewalk cafe area, the area extending from the sidewalk cafe area to the street, and five feet beyond either end shall be maintained by the business owner in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. (c) The sidewalk cafe operator is responsible for repair of any damage to the sidewalk caused by the sidewalk cafe. The repair shall be made to City standards and within a reasonable timeframe. ~ Additional Requirements for Sidewalk Caf on pJ~ Rights-of-Way ;/1/ TZJ ~ ID (1) By use of any permit granted hereunder, th permi agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permit holder shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney prior to issuance of a permit. (2) The permit holder shall furnish, pay for, and maintain during the life of the permit with the City: (a) Comprehensive General liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury liability and Property Damage liability. The City is to be specifically included as an additional insured on the policy. (b) Workers' Compensation insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including Employers' liability which meets all state and federal laws. (3) The Permit holder shall provide the City with a certificate or certificates of insurance showing the existence of coverages required by this Permit. The Permit holder will maintain these coverages with a current certificate or certificates of insurance throughout the term of the permit with the City. 5 Ordinance No. , ' flAb?; r lit;: M~ tJ., ~J) If" 4~+ bJ#" . . (4) When specifically requested by the City in writing, the Permit holder will provide the City with certified copies of all polices of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided the City whenever any policy is renewed, revised, or obtained from other insurers. (5) All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. (6) The City of Clearwater may require the temporary removal of sidewalk cafes and all related furniture an fixtures by the permit holder when street, sidewalk, or utility repairs necessitate such action or when, at the City's sole discretion, it is necessary to clear sidewalks. The permit holder shall be responsible for removing all sidewalk cafe fixtures at least two days prior to the date identified in writing by the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (7) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fixtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (8) The City shall have the authority to secure or remove fixtures and other items associated with the sidewalk cafe if necessary in the interest of public safety. 3. Standards for Review and Decision. The Community Development Coordinator shall review an application for an sidewalk cafe to determine compliance with all requirements of this section through a complete application including site plan, business plan, proof of insurance and all other documents required by this code. The Community Development Coordinator may approve the application, approve the application with conditions that ensure compliance with this code and are needed to ensure compatibility of the sidewalk cafe with adjoining businesses, or deny the application. The time frames for review of a sidewalk cafe for an existing business all (LIKE A BUILDING PERMIT). The time frame for review of a sidewalk cafe as part of a Flexible Sta~d~rd yr Flexible Use shall be as prescribed in Sections _ ofthis code. MCfe./I-. Upon approval, each permit shall be effective for one year from October 1 until September 30, and must be renewed annually with the approval of the City. A renewal with no significant changes to the sidewalk cafe as originally approved will not require a complete review. Any significant changes to a sidewalk cafe shall require review as a new application. 6 Ordinance No. , ' , . . . The City of Clearwater reserves the right to inspect the sidewalk cafe at any time with or without notice to the operator to determine compliance with this code and any conditions attached to the sidewalk cafe. 4. Appeal of Community Development Coordinator Decision. ()JL- For sidewalk cafes using public property, the Community Development Coordinator may deny an application for outdoor cafe per~m. for a public property if the applicant fails to provide the required information of ails to meet the criteria for permit issuance. Such action shall be considere nal and is not subject to appeal. For sidewalk cafes on private property, an appeal of the Community Development Coordinator's decision may be submitted in accordance with the provisions of Section _' 5. Revocation of permit. The Community Development Coordinator may revoke a permit for any sidewalk cafe located on public property if it is found that: {/;fj:f!J Section 2. Appendix A, Lan~ment Code, Schedule of Fees, Rates and Charges, Section VIII, is hereby amended to read as follows: There is hereby established the following fees and charges related to review and processing of Level One, Level Two and Level 3 Three applications: (1) Level One. * * * * * (i) Sidewalk Cafe Application If proposed as accessorv to an existina use............... ..$50.00 If part of a Flexible or Flexible Standard Application. no additional fee. Sidewalk Cafe Permit ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .....$120.00 Due on or before October 1 of each vear and shall cover the time period of October 1 throuah September 30 of the followina calendar vear. For a permit issued atter October 1 and before September 30. the permit fee shall be prorated on a monthlv basis. Anv portion of a month shall be considered a full month for the purposes of calculatina the prorated permit fee. * * * * * 7 Ordinance No. . . . . . (j) Minor amendment to approved comprehensive sian proaram. per application ... ...... ... ... ... ... ... ... ... ... ... ...... ... ... ... ...... ... ... ... ... ... ...$75.00 Section 3. This ordinance shall take effect on March 10, 2003. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk 8 Ordinance No. . . Tarapani, Cyndi From: Sent: To: Cc: Subject: Campos, Geraldine Thursday, January 23,20032:36 PM Tarapani, Cyndi Owens, Reginald W.; Harriger, Sandy Sidewalk Cafe Agenda Item Hi Cyndi: I spoke with Cyndie G. and promised to turn in this agenda item next Thursday. When you get a chance, please email me the title so I can put that into the cover memo. My goal is to get a draft completed for review on Monday, late afternoon. thanks, Geri Geraldine Campos Assistant Director of Community Redevelopment City of Clearwater (727) 562-4023 (727) 562-4075 Fax gcampos@clearwater-fl.com 1 . . '!!!!pani, Cyndi From: Sent: To: Cc: Subject: Campos, Geraldine Thursday, January 23,20031:15 PM Tarapani, Cyndi Owens, Reginald W. COB Staff report -sidewalk cafe Hi Cyndi: Attached is the staff report for the COB that I wrote back in November. I will begin to compile the CC agenda item from these points and finish filling in the gaps after you send me the revised ordinance tomorrow. I will call Cyndie G. and ask if we can have some more time to turn in this item, perhaps Wednesday of next week. Let me know if you need anything else. thanks, Geri --, liIi..~ Staff Report - Sidewalk Cafe 0... Geraldine Campos Assistant Director of Community Redevelopment City of Clearwater (127) 562-4023 (127) 562-4075 Fax gcampos@clearwater-f1.com 1 . e ~pani, Cyndi From: Sent: To: Subject: Dougall-Sides, Leslie Thursday, January 23,200311 :12 AM Tarapani, Cyndi Sidewalk Cafe Ordinance 1 ,The Ordinance No. of the main sidewalk cafe ordinance is 7063-03. 2. I drafted two others: 7074-03 is the alcoholic beverage amendment to Section 6.31, and _ -03 [number to be assigned) amends Section 28.04. Since they are not LDC amendments they need not go to COB. Please advise which CC meeting they should be advertised for. Here they are: ~ ~ 7074-03.doc Ordinance ~mending 28.04.doc 3. The folio g language needs to be added to 7063-03 [NOTE: the amounts given are a suggestion, please fill in what you have d cided on): Sectio _" Appendix A, Land Development Code, Schedule of Fees, Rates and Charges, Section VIII, is ereby amended to read as follows: Ther. is hereby established the following fees and charges relating to review and processing of ev lOne, Level Two and Level Three applications: (1) Level One. * * * * * (i) Sidewalk for outdoorl cafe permit fee............ n....... n....... n....... .$200.00 * * * * * er ?51 OJ ljif:?JV vrp;vh u * * * * * NOTE: Title of ordinance must also be amended to add "relating to....fees for comprehensive sign program minor amendment" [IF PLANNING IS STILL DOING THIS] and "amending Appe. se 0 mi t to comprehensive sign program." bid may revoke a permit for any outdoor cafe located on y necessary business or health permit has been suspended or revoked; or [;2) The permittee does not have currently effective insurance in the minimum amount as required 1 1 I in this Code; or (3) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating the removal of the outdoor cafe. Such decisions shall be based upon findings of the Community Development Coordinator, after consulting with the City Engineer, that the existing conditions represent a danger to the health, safety or general welfare of the public; or (4) The permittee fails to comply with one or more conditions of the permit. . e Upon revocation of a permit, the Community Development Coordinator shall give written notice of such action by certified mail, return receipt requested, to the permittee at the address listed on the application, stating the reason therefor. The revocation shall become effective and final fifteen (15) days following mailing of the notice, and is not subject to appeal. The City Manager or designee may take at any time, whether or not the permit was issued, is current, in the process of being revoked, or has been revoked, such action regarding a outdoor cafe located on public property as is necessary to preserve public safety. Such action shall be consid red final and is not subject to appeal. A D TO Standards and Criteria for Application Review for public property locations: -> Denial of outdoor cafe permits/public property. The Community Development Coordinator may deny an application for outdoor cafe permit for a public property location if the applicant fails to provide the required information or fails to meet the criteria for permit issuance. Such action shall be considered final and is not subject to appeal. I believe this is all that I need to do at this time. I will be out of the office all next week so please contact me today or tomorrow if there is anything else. 2 . e ORDINANCE NO. 7074-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO ALCOHOLIC BEVERAGES; AMENDING CODE OF ORDINANCES SECTION 6.31; PROVIDING AN EXCEPTION TO CERTAIN SALES, POSSESSION, CONSUMPTION, AND OPEN CONTAINER PROHIBITIONS FOR PORTIONS OF PUBLIC STREETS, SIDEWALKS, AL~S, PARKING LOTS, OR RIGHTS OF WAY USED FOR Oy,RfOOR CAFE PURPOSES BY BUSINESS ESTABLISHMENTS WHICH HAVE OBTAINED CITY PERMITS FOR SUCH OPERATIONS; PROVIDING AN EFFECTIVE DATE. OfdJWaAfi- WHEREAS, ordinance No. 7073-03 establishes a procedure for authorizing the permitting of outdoor cafes on public property in certain zoning districts, and it is desirable to harmonize the alcoholic beverage code of the City to allow sales, possession, and consumption of alcoholic beverages at outdoor cafes which are properly permitted; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 6.31, Code of Ordinances, City of Clearwater, is hereby amended to read as follows: 6.31 Prohibited acts. * * * * * ~~ (4) It shall be a violation for any person to sell or consume any alcoholic beverage, or to possess any opened or unsealed container containing an alcoholic beverage, at the following places, except pursuant to an alcoholic beverage special event permit issued under the provisions of section 22.88 through 22.92 or pursuant to an ~ cafe permit issued under the provisions of section 3-201 C. of the Land Development Code: (a) On any public beach. (b) On or in any public street, alley, sidewalk, parking lot or right-of-way, including but not limited to unimproved public street rights-of-way terminating at a body of navigable water. Ordinance No. -01 . . (c) In any public park. For the purposes of this subsection, the term "park" shall mean all parks and athletic fields, and all grounds used by the city for park or playground purposes, including Jack Russell Stadium and the Clearwater Country Club Golf Course when the sale or consumption of alcoholic beverages has been authorized by the terms of any lease or other agreement approved by the city commission. (d) In any public building, except in any portion of a public building when rented to private parties. This prohibition shall not apply to the Performing Arts Center and Theater. (e) On any portion of the Courtney Campbell Recreation Area as defined in section 22.21. * * * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. . 1fJP1- ORDINANCE NO. -03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO OUTDOOR CAFES; AMENDING CODE OF ORDINANCES SECTION 28.04; PROVIDING THAT OUTDOOR CAFES ARE EXCEPTED FROM THE PROHIBITION AGAINST SELLING GOODS ON PUBLIC PROPERTY WHEN PERMITTED PURSUANT TO LAND DEVELOPMENT CODE SECTION 3- 201C.; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 28.04, Code of Ordinances, City of Clearwater, is hereby amended to read as follows: 28.04. Trading and selling on streets. (1) Except for the sale of ice cream from ice cream trucks on streets in residential areas, which have been issued a city occupational license for such use, and unless authorized by article III of chapter 22 which pertains to special events, it shall be unlawful for any person to sell, barter, exchange, or offer to sell, barter or exchange any goods, wares or merchandise of any kind or nature whatsoever in or on or over any street, right-of-way or public property, sidewalk or park within the city. ~ This section shall not apply to curb service furnished by any regularly established and licensed place of business in the city, and this section shall not apply to the holding of bazaars or other sales not made or carried on for personal profit, where such sales are operated in front of or adjacent to a store or place of business with the consent of the owner or manager thereof. The prohibition set out in subsection (1) of this section shall not prevent the operation of an outdoor cafe on the public sidewalk where the outdoor cafe is permitted under the provisions of section 3-201 C. of the Land Development Code. the following requirements ha'.'e been met: (a) At least five feet of unobstructed side'.\'3lk available for pedestrian use must be available following installation of the sidO'Nalk cafe. Ordinance No. -01 . . (b) ,^. revocable permit to install the side't:alk cafe must be obtained from the city by the licensed restaurant owner and recorded in the public records of the county. Such use may only be considered for installation adjacent to a restaurant t:lSe:- (c) All elements or components utilized to construct the sidewalk cafe must be movable and no element or component may be bolted or otheJ\\'ise affixed to the public sidew3lk. Prior to the installation of any element or component, a building permit shall obtained. (d) The applicant obtains an occupationallicenso to apply to the activity. (e) The applicant provides the city with a copy of a policy of insurance, vlhich policy shall name the city as a named insured, cO'/ering both property damages and personal injuries that might occur by reason of such use of the public side'Nalk. Such policy shall have limits of at least $50,000.00 for property damages and $500,000.00 for personal injury liability and must be approved by the city prior to the issuance of a revocable permit. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. . . Page 1 of 1 Tarapani, Cyndi From: Campos. Geraldine Sent: Tuesday. January ~!1, 20034:42 PM To: Tarapani, Cyndi Cc: OWens, Reginald W. Subject: RE: sidewalk cafe ord Hi Cyndi: From my quick reading of the ordinance, the organization of the sections reads much better. However, I think it is still unclear that sidewalk cafHs on the public right of way are only allowed in the T and D districts-I liked the idea of calling everything an outdoor cafe and specifying that sidewalk cafes are only located on the right of way. Perhaps this can be clarified lin the purpose and applicability section. We also need to make it very clear that permits are needed for sidewalk cafes located on the public right of way only. I'm fine with the application fee and think the permit fee should remain $120. For turnaround time, how long does a building permit take? Everything else looks good to me. thanks, Geri -----Original Message--.--- From: Tarapani, Cyndi Sent: Tuesday, January 21,2003 1:47 PM To: Campos, Geraldine Subject: RE: sidewalk cafe ord thanks for letting me know. I did review every section of your draft to make sure I didn't accidentally leave anything out. But I may have-so welcome your comments. Thanks. -----Original Message----- From: Campos, Geraldine Sent: Tuesday,. January 21,20031:16 PM To: Tarapani, C:yndi Subject: RE: sidewalk cafe ord thanks Cyndi, I'm reading it now and will send you comments asap. thanks, geri -----Original Message----- From: Tarapani, Cyndi Sent: Tuesday, January 21,2003 1:09 PM To: Owens, Reginald W.; Campos, Geraldine; Fierce, Lisa Subjed:: FW: sidewalk cafe ord I sent this to all of you from home on Sunday but not sure if it went through. Please discard if you already received it. Thanks. -----Orig inal Message----- From: jltarapan [mailto:jtarapan@TAMPABAY.RR.COM] Sent: Sunday, January 19,20035:06 PM To: ctarapan@c1earwater-fl.com Subjed: sidewalk cafe ord 1/21/2003 . JI If t17d@tfli Ct1fR 0UfJ1/ /I ORDINANCE NO. 7063-03 . ~ &/Irla,W r '--1/ ~. /.[q,()3 ~ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PROVIDING AN EFFECTIVE DATE. WHEREAS, there exists the need for sidewalk eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption; and WHEREAS, because of the high intensity of development in the Downtown "D" and Tourist 'T' zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way; and WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment; and WHEREAS, there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas; and WHEREAS, the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater; and WHEREAS, the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-201 C. Sidewalk Cafes., Community Development Code, is hereby repealed in its entirety and reenacted as follows: 3-201 C. Sidewalk cafes. 1. Purpose and Applicability. It is the intent of the City to allow sidewalk cafes so as to enhance the pedestrian, urban and beach character of the City by providing an additional amenity for the public to enjoy. Sidewalk cafes are permitted in the Commercial District, the Tourist District on property located on Clearwater Beach only or in the Downtown district provided all requirements of this section are met. An sidewalk cafe may be established as an accessory use to a restaurant, nightclub or other appropriate business as determined by the Community Development Coordinator. This section applies to a sidewalk cafe Ordinance No. -01 . e located solely on private property or a cafe located partially or totally within the public right-of-way. 2. Application Requirements and Review Process. a. Review process. If an sidewalk cafe is to be added to an existing business, then the sidewalk cafe shall be reviewed as an accessory use/Minimum Standard Development. If the cafe is proposed as accessory to a new business, then the sidewalk cafe shall be reviewed along with the proposed use as either Level One-Flexible Standard or Level Two-Flexible Use as determined in the applicable zoning district. b. Submittal requirements. (1) The applicant is required to hold a pre-application meeting with the Community Development Coordinator to discuss the proposed sidewalk cafe and application requirements. (2) A completed application for a sidewalk cafe permit shall be submitted to the Community Development Coordinator. The application shall include, but not be limited to, the following information: COMPARE TO SITE PLAN REQUIREMENTS IN CODE (a) Name, address, telephone number, facsimile and e- mail address of the applicant (business owner or designee) and the property owner; (b) Name, address and legal description of the property on which the sidewalk cafe is proposed to be located; (c) For existing businesses, a copy of a valid City of Clearwater occupational license to operate the business establishment that is the subject of the application; (d) Written approval to request the application from the owner of the property in which the permitted business established is located; (e) A site plan (drawn to scale of minimum 1 :50) showing the layout and dimensions of the sidewalk; sidewalk cafe area and adjacent private property and building showing entrances and exits; proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, railings, decorative 2 Ordinance No. . . chains and any other fixture, structure or obstruction either existing or proposed within the sidewalk cafe; (f) Photographs, drawings or manufacturers' brochures fully describing the appearance, color, and materials of all proposed tables, chairs; umbrellas, awnings, canopies or other fixtures related to the sidewalk cafe; (g) Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the right of way; and (h) For sidewalk cafes on public right-of-way, a copy of current certificate of insurance in the amounts and categories required by this article. c. General requirements for all sidewalk cafes. (1) Operational requirements. (a) The permit shall be issued to the permit holder and shall be transferable only with the prior written approval of the City Manager or his/her designee. (b) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use or other appropriate business. (c) No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage of foods or materials, cooling, refrigeration or other equipment located in the sidewalk cafe area. (d) No amplified music provided to the patrons of a sidewalk cafe shall be identifiable in terms of the meaning of words or the melody of the music at a distance of 100 feet in any direction from the sidewalk cafe when sustained wind velocity is less than 15 miles per hour. REVIEW WITH ROB SURRETTE-RE NE NOISE ORDINANCE (e) The hours of operation of a sidewalk cafe shall be coincident with the hours of operation of the principal business to which it is accessory. (f) The operator of the sidewalk cafe shall meet all other City, county and state regulations, laws or ordinances. (2) Location and design requirements. 3 Ordinance No. . . (a) Sidewalk cafes are restricted to the sidewalk frontage of the subject business establishment to which a permit has been issued or such other area as approved by the City Manager or his/her designee. (b) Sidewalk cafes shall be located in a manner that promotes efficient and direct pedestrian movement. A minimum of one unobstructed pedestrian path at least four feet wide shall be maintained at all times. In areas of congested pedestrian activity a wider pedestrian path may be required. Access to fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. (c) Any sidewalk cafe whose floor area is in excess of 25% of the floor area of the principal use shall be considered as floor area in determining the number of required off-street parking spaces for the principal use. (d) To insure the convenience of users and to enhance the visual quality of the urban environment, the sidewalk cafe shall comply with the Design Guidelines for the district in which it is located. Specifically, tables, chairs, umbrellas, canopies, awnings and all other fixtures/decorative materials shall be of good design made of quality materials and workmanship, be fire-retardant or manufactured of fire resistant material. Tables, chairs and other fixtures used in connection with the sidewalk cafe shall not be attached, chained or in any manner affixed to any tree, post, sign or other fixture. (e) No tables or chairs will be permitted within the sight visibility triangle of a street intersection or driveway as required in this code. Tables or chairs shall not be placed within four feet of bus stops, taxi stands, telephone booths, fire hydrants, or counter service windows or within two feet of any building entrances and/or exits. (f) The perimeter around the sidewalk cafe area shall be delineated using non-permanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. (3) Maintenance. (a) Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with a sidewalk cafe shall be maintained by the sidewalk cafe operator with a clean and attractive appearance and shall be in good repair at all times. (b) The sidewalk cafe area, the area extending from the sidewalk cafe area to the street, and five feet beyond 4 Ordinance No. . . either end shall be maintained by the business owner in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. (c) The sidewalk cafe operator is responsible for repair of any damage to the sidewalk caused by the sidewalk cafe. The repair shall be made to City standards and within a reasonable timeframe. d. Additional Requirements for Sidewalk Cafes on Public Rights-of-Way (1) By use of any permit granted hereunder, the permit holder agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permit holder shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney prior to issuance of a permit. (2) The permit holder shall furnish, pay for, and maintain during the life of the permit with the City: (a) Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. The City is to be specifically included as an additional insured on the policy. (b) Workers' Compensation insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including Employers' Liability which meets all state and federal laws. (3) The Permit holder shall provide the City with a certificate or certificates of insurance showing the existence of coverages required by this Permit. The Permit holder will maintain these coverages with a current certificate or certificates of insurance throughout the term of the permit with the City. (4) When specifically requested by the City in writing, the Permit holder will provide the City with certified copies of all polices of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided the City whenever any policy is renewed, revised, or obtained from other insurers. (5) All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. 5 Ordinance No. . . (6) The City of Clearwater may require the temporary removal of sidewalk cafes and all related furniture an fixtures by the permit holder when street, sidewalk, or utility repairs necessitate such action or when, at the City's sole discretion, it is necessary to clear sidewalks. The permit holder shall be responsible for removing all sidewalk cafe fixtures at least two days prior to the date identified in writing by the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (7) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fixtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (8) The City shall have the authority to secure or remove fixtures and other items associated with the sidewalk cafe if necessary in the interest of public safety. 3. Standards for Review and Decision. The Community Development Coordinator shall review an application for an sidewalk cafe to determine compliance with all requirements of this section through a complete application including site plan, business plan, proof of insurance and all other documents required by this code. The Community Development Coordinator may approve the application, approve the application with conditions that ensure compliance with this code and are needed to ensure compatibility of the sidewalk cafe with adjoining businesses, or deny the application. The time frames for review of a sidewalk cafe for an existing business shall be (LIKE A BUILDING PERMIT). The time frame for review of a sidewalk cafe as part of a Flexible Standard or Flexible Use shall be as prescribed in Sections of this code. Upon approval, each permit shall be effective for one year from October 1 until September 30, and must be renewed annually with the approval of the City. A renewal with no significant changes to the sidewalk cafe as originally approved will not require a complete review. Any significant changes to a sidewalk cafe shall require review as a new application. The City of Clearwater reserves the right to inspect the sidewalk cafe at any time with or without notice to the operator to determine compliance with this code and any conditions attached to the sidewalk cafe. 4. Appeal of Community Development Coordinator Decision. LESLIE-NEED YOU TO ADD LANGUAGE HERE 6 Ordinance No. . . 5. Revocation of permit [Need language from Leslie] The approval of a sidewalk cafe permit is conditional at all times. Revocation of permits shall be in accordance with [reference section). Section 2. Section _" Appendix A, Fees is hereby amended to add a review fee and permit fee for sidewalk cafes as follows: LESLIE-NEED YOU TO HELP ME WITH THIS SECTION-not sure how to format it. GERI-I FEEL STRONGLY THAT WE SHOULD HAVE A REVIEW FEE TO COVER AT LEAST PART OF THE STAFF TIME INVOLVED-IT WOULD BE POOR MANAGEMENT ON MY PART IF WE DO NOT. THE PROPOSED $50 WILL NOT COVER ALL OF OUR TIME BUT WILL COVER SOME OF IT AND PERHAPS KEEP FRIVOLOUS APPLICANTS FROM WASTING OUR TIME REVIEWING INCOMPLETE APPLICATIONS. BASED ON THE REVIEW FEE, IF YOU WISH TO REDUCE THE PERMIT FEE, FEEL FREE TO DO SO. Sidewalk Cafe Application If proposed as accessory to an existing use $50 If part of a Flexible or Flexible Standard Application, no additional fee. Sidewalk Cafe Permit $120 Due on or before October 1 of each year and shall cover the time period of October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee shall be prorated on a monthly basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. Section 3. Section _ is hereby amended -LESLIE-NEED YOU TO ADD LANGUAGE HERE RE ALCOHOLIC BEVERAGES ALLOWED ON RIGHT-OF-WAY. Section 4. All other references to Sidewalk cafes shall be repealed-LESLIE NEED YOUTO ADD SECTION NUMBERS OF CODE. Section 5. This ordinance shall take effect on March 10, 2003. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED 7 Ordinance No. . . Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk 8 Ordinance No. ( l . . OUTDOOR CAFE OUTLINE December 11, 200~ . R/A'J/~C. fJ1 /Ii .tn1iM4t ~t;-d S~ction 3-201 C as follows: , ~ /l (JI/f1P7;::$t taJPv<r/ ,,#~ce Outdoor cafes that are subordinate to a restauranVare permitted as an accessory use in the C, T and D districts provided all requirements of this section are met. It is the intent of the City that outdoor cafes enhance the pedestrian urban and beach character of the City by providing an additional amenity for the public to enjoy. Outdoor Cafes. 1. Purpose and Applicabilitv 2. Application Requirements and Review Process. a.Review Process If an outdoor cafe is to be added to an existing restaurant, then the cafe shall be reviewed as a minimum standard use. If a new restaurant with outdoor cafe is proposed, the cafe shall be reviewed along with the restaurant as either flex standard or flex use as appropriate:! . h' / ~//A~ _ W~,,#I/p~nP1 :.v- /vvv -... - tPlication and permit fee .. b.Submittal requirements / Add page 2 from Geri's draft. c.General Requirements for all Outdoor Cafes (I ) Operational requirements Add items from page 3-numbers 1,7 and 8 No amplified music-add C4 from existing code Hours of operation: add C 5 from existing code Compliance with all other city, county, state ordinances-not sure this is really necessary (Z) Location/Design requirements Add items page 3, numbers 2-6, and 9 Parking revie~-~d Cl from e~.!ing co~. /)/))/110/';'; J/J~ AdifPJa~ P7' 7 ?U1npt r'//~ - O'vr''r'll~'' (1)Maint~~~e . The outdoor cafe shall maintain the cafe area and all fixtures in good appearance- add items from p 4, numbers 7,8 and 10 ", . . d. Additional requirements for Outdoor cafes on Public orooertv Add Liability and insurance section -p 4 and 5 Add all requirements to move fixtures-page 4 #2,3, i 3. Standards for Review and Decision The Community Development Coordinator shall review an application for an outdoor cafe to determine compliance with all requirements of this section through a complete application including site plan, business plan, proof of insurance and all other documents required by this code. The Community Development Coordinator may impose conditions on the approval that insure compliance with this code, are needed to ensure COrnpatibilitY~~~~~~2);~/~~~~/ Add page 4-#~1;':f';"ble to ano er person ~~ The outdoor cafe operator shall at all times be responsi~~iance with this code and any conditions imposed. The time frames for review and appeal procedures shall be as prescribed in Section_. Duration of approval 4. Revocation of ADoroval If . ;f)J~ . . Tarapani, Cyndi From: Sent: To: Cc: Subject: Campos, Geraldine Monday, December 09, 2002 9:47 AM Stone, Ralph; Dougall-Sides, Leslie; Fierce, Lisa; Tarapani, Cyndi Owens, Reginald W. Revised Sidewalk Cafe Ordinance In preparation for our meeting Wednesday, I have gone through the draft ordinance and made several revisions per comments from our last meeting. Revised draft is attached. Please let me know if there are any items that we have not addressed. Outstandina Items to discuss: Outdoor seating section Tourist location--on Clearwater Beach only Clarification of "Requirements" and "Conditions" Need revocation language (Leslie) Permit fee Dev. Services application processing Other application requirements (Should we add copy of alcohol license to application reqs?) Amending other sections (Section 28-04 of Code of Ordinances) Thanks, Geri ~;~:-- sidewalk cafe v2 Ordinance.doc... Geraldine Campos Assistant Director of Community Redevelopment City of Clearwater (727) 562-4023 (727) 562-4075 Fax gcampos@clearwater-f1.com . . ORDINANCE NO. -01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PROVIDING AN EFFECTIVE DATE. WHEREAS It is hereby found and declared: (1) That there exists the need for outdoor eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption. (2) That because of the high intensity of development in the Downtown "0" and Tourist 'T' zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way. (3) That the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment. (4) That there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas. (5) That the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater. (6) That the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY ",A1' OF CLEARWATER, FLORIDA: I ,i irifiJil./ Section 1. ~ Sidewalk Cafe Penn it and Fee. It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk or public right- of-way without a permit as provided by this article. Sidewalk cafes shall be permitted only within the Downtown zoning district and Tourist zoning district on Clearwater Beach. A sidewalk cafe permit shall be a license to use the sidewalk and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk. Ordinance No. -01 . . (1) Each permit shall be effective for one year from October 1 until September 30, and must be renewed annually with the approval of the City. (2) The annual permit fee for establishing or maintaining a sidewalk cafe shall be $120. [Amend Appendix A of Code]. i)- (3) The permit fee shall be paid on or before October 1 and shall cover the time period from October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee will be prorated on a per month basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. Sidewalk Cafe Pennlt Application and Requirements. M~ ~ (1 ) A pre-application meeting to discuss the proposed sidewalk cafe and application requirements is required with the City Manager's designee. (2) A completed application for a sidewalk cafe permit shall be submitted to the City's Development Services Department. The application shall include, but not be limited to, the following information: (a) Name, address, telephone number, and fax of the applicant (business owner or designee) and property owner; (b) Name and address of the subject, permitted business establishment; (c) A copy of a valid City of Clearwater occupational license to operate the business establishment, the subject of the application; (d) Written approval from the owner of the building in which the permitted business established is located; (e) A copy of current certificate of insurance in the amounts and categories required by this article; (f) A drawing (drawn to scale) showing the layout and dimensions of the sidewalk; sidewalk cafe area and adjacent private property and building showing entrances and exits; proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, railings, decorative chains and any other fixture, structure or obstruction either existing or proposed within the sidewalk cafe; (g) Photographs, drawings or manufacturers' brochures fully describing the appearance, color, and materials of all proposed tables, chairs; umbrellas, awnings, canopies or other fixtures related to the sidewalk cafe. (h) Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the right of way. 2 Ordinance No. . . (3) Permits will be granted at the time of application if all conditions set forth in this article are satisfied. ??? Sidewalk Cafe Permit Requirements. ~ Ink; ~~ Z~ The following requirements shall be met in reviewing the application and before issuing a permit: 8- ~rmits shall be issued only to persons who hold valid occupational licenses for a business ~ishment and who wish to provide tables and chairs on the sidewalk(s) abutting the subject establishment for use by the general public. 6vt (2) Sidewalk cafes are restricted to the sidewalk frontage of the subject business (;:t:t"J1 establishment to which a permit has been issued or such other area as approved by the City Manager or his/her designee. 'll:U (3) Sidewalk cafes shall be located in a manner that promotes efficient and direct pedestrian I t?f! jjj1V'f movement. A minimum of one unobstructed pedestrian path at least four feet wide shall be {;'IVv maintained at all times. In areas of congested pedestrian activity a wider pedestrian path may be required. Access to fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. 1ttt#1/l ~ jJfV @ Vfl/' (4) The perimeter around the sidewalk cafe area may be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. (5) Tables, chairs, umbrellas, canopies, awnings and any other fixtures/decorative materials shall be of good design made of quality materials and workmanship, be fire- retardant or manufactured of fire resistant material, to ensure the safety and convenience of users and to enhance the visual quality of the urban environment. (6) No tables or chairs will be permitted within the sight visibility triangle of a street intersection or driveway [Section 3-904 of Community Development Code]. Tables or chairs shall not be placed within four feet of bus stops, taxi stands, telephone booths, fire hydrants, or counter service windows nor within two feet of any building entrances and/or exits. (7) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use. Alcoholic beverages must remain in the designated sidewalk cafe area. [Section 6-xxx] o food preparation shall be allowed on the sidewalk. There shall be no cooking, storage, oling or refrigeration or other equipment located in the sidewalk cafe area. (9) No tables, chairs or any other fixtures used in connection with a sidewalk cafe shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture. (10) The permit applies only to the sidewalk cafe area, related uses on private property are governed by other regulations. 3 Ordinance No. ~ . . General Conditions of sidewalk cafe permit. Sidewalk cafes permitted under this article shall be subject to the following conditions: (1) The permit shall be issued to the permit holder and shall be transferable only with the prior written approval of the City Manager or his/her designee. (2) The City of Clearwater may require the temporary removal of sidewalk cafes by the permit holder when street, sidewalk, or utility repairs necessitate such action or when, at the City's sole discretion, it is necessary to clear sidewalks. The permit holder shall be responsible for removing all sidewalk cafe fixtures at least two days prior to the date identified in writing by the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (3) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fixtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (4) City shall have the authority to secure or remove fixtures and other items associated with e sidewalk cafe if necessary in the interest of public safety. (5) T~ Si~a;~flfe Sh~~ ~~:,c~:~IY limited to the sidewalk cafe area identified in the per1Tiit. ~rl.c - (7(/~t#U (6) The permit holder shall ensure that the sidewalk cafe does not interfere with or limit the free unnb61fucted pa...~sage of sidewalk users in the approved pedestrian path. ~;;"'/y //A//l(:, . (7) Tabl~s~ctGi~s, umbrellas, canopies, awnings and any other fixtures used in connection with a idewalk cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. ~ The sidewalk cafe area, the area extending from the sidewalk cafe area to the street, and ~e feet beyond either end shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. (9) The opening and closing hours of sidewalk cafes shall not extend beyond the hours of operation for the subject business establishment holding the sidewalk cafe permit. ) The permit holder is responsible for repair of any damage to the sidewalk caused by the Sl ewalk cafe. The repair shall be made to City standards and within a reasonable timeframe. (11) Permit holder shall meet all other City, county and state regulations, laws or ordinances. Liability and Insurance. (1) By use of any permit granted hereunder, the permit holder agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, 4 Ordinance No. . . liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permit holder shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney prior to issuance of a permit. (2) The permit holder shall furnish, pay for, and maintain during the life of the permit with the City: a. Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. The City is to be specifically included as an additional insured on the policy. b. Workers' Compensation insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including Employers' Liability which meets all state and federal laws. 3) The Permit holder shall provide the City with a certificate or certificates of insurance showing the existence of coverages required by this Permit. The Permit holder will maintain these coverages with a current certificate or certificates of insurance throughout the term of the permit with the City. When specifically requested by the City in writing, the Permit holder will provide the City with certified copies of all polices of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided the City whenever any pOlicy is renewed, revised, or obtained from other insurers. All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. Revocation and Suspension of Permits [Need language from Leslie] The approval of a sidewalk cafe permit is conditional at all times. Revocation of permits shall be in accordance with [reference section). This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner 5 Ordinance No. . . Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk 6 Ordinance No. . . Tarapani, Cyndi From: Sent: To: Subject: Dewitt, Gina Thursday, December 19,20024:46 PM Dougall-Sides, Leslie; Tarapani, Cyndi Outdoor cafe ordinance I have attached what I think kind of puts all of your suggestions together and in the correct format. I'm sure you'll both have additional changes. Please send these to me in the form of underline/strikeout on this version so I can coordinate all the changes and not have to work from 3 different ones again. ~ Outdoor cafe ord.doc Gina DeWitt Administrative Support Manager Clearwater Cilty Attorney's Office 727 -562-4011 gdewitt@cleClrwater-fl.com . . ORDINANCE NO. 7063-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PROVIDING AN EFFECTIVE DATE. WHEREAS, there exists the need for outdoor eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption; and WHEREAS, because of the high intensity of development in the Downtown "D" and Tourist "T" zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way; and WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment; and WHEREAS, there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas; and WHEREAS, the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater; and WHEREAS, the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-201 C. Outdoor Cafes., Community Development Code, is hereby repealed in its entirety and reenacted as follows: c/IJ.!.~ 3-201 C. Outdoor cafes. tfYJ ontJ tJf:i /t.- 1. Purpose and Applicability. Outdoor cafes that are sUborl'l~ate to a restaurant are permitted as an accessory use in the C, Tt;;~d 0 districts IAJ)CAt ,ft provided all requirements of this section are met. It is the intent of the (VV City that outdoor cafes enhance the pedestrian urban and beach ~ on _ ("" character of the City by pr?viding an additional amenity for the publiC to r/04"l e~~ fh~,6I-C.fiP7l'~~ 2. Application Requirements and Review Process. a~'v euMp / ~zt?u;41t- Ordinance No. -01 . . an ~WJf!-. a. Review process. If an outdoor cafe is to be added to an existing restaurant, then the cafe shall be reviewed as a minill..aflitandard u~. If a new restaurant with outdoor cafe is proposed, the"gMe shall be reviewed along with the restaurant as either flex standard or flex'lf~as appropriate. fbk - /LtI.tL1 ~ ~ 2- b. Application and permit fee. }O ~11~ ~ (1) Each permit shall be effective for one year from October 1 until September 30, and must be renewed annually with the approval of the City. ~2) e annual per . fee for establishi or maintaining a ~~ . ewalk cafe s be $120. [Ame Appendix A of Code]. ~J2~AA~ "'-~.Y (3) The permit fee shall be paid on or before October 1 and shall cover the time period from October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee will be prorated on a per month basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. c. Submittal requirements. (1) A pre-application meeting to discuss the proposed sidewalk cafe and application requirements is required with the City Manager's designee. (2) A completed application for a sidewalk cafe permit shall be submitted to the City's Development Services Department. The application shall include, but not be limited to, the following information: (a) Name, address, telephone number, and fax of the applicant (business owner or designee) and property owner; (b) Name and address of the subject, permitted business establishment; (c) A copy of a valid City of Clearwater occupational license to operate the business establishment, the subject of the application; (d) Written approval from the owner of the building in which the permitted business established is located; (e) A copy of current certificate of insurance in the amounts and categories required by this article; nvLE~~~QfL~, v"ov LMt fU7J1~-n~~o/~UI6f) 2 Ordinance No. . . (f) A drawing (drawn to scale of minimum 1 :50) showing the layout and dimensions of the sidewalk; sidewalk cafe area and adjacent private property and building showing entrances and exits; proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, railings, decorative chains and any other fixture, structure or obstruction either existing or proposed within the sidewalk cafe; (g) Photographs, drawings or manufacturers' brochures fully describing the appearance, color, and materials of all proposed tables, chairs; umbrellas, awnings, canopies or, other fixtures related to the sidewalk cafe. (h) Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the right of way. (3) pe~ts will be g;~ at the time of 1 nnfjcati0;;;Z1 cond~ns set forth in tt article are S~;d'. . 'T' d. Application review standards and criteria, The 'n requirements shall be met in reviewing the applicatio and before issuing 'a permit: (1) Permits shall be issued only to perso s who hold valid occupational licenses for a business e ablishment and who wish to provide tables and chairs on the si walk(s) abutting the subject establishment for use by the eneral public. (2) Sidewalk cafes are restricted the sidewalk frontage of the subject business establishment 0 which a permit has been issued or such other area as proved by the City Manager or his/her designee. (3) Sidewalk cafes shall e located in a manner that promotes efficient and direct ped strian movement. A minimum of one unobstructed pedest' n path at least four feet wide shall be maintained at all ti s, In areas of congested pedestrian activity a wider pedestria ath may be required. Access to fire hydrants, , fire hose conne ons for sprinkler systems, and entrances and exits of all buil 'ngs shall not be obstructed at any time by barriers or se . I JJr The C mmunity Development Coordinator shall review an applicati for an outdoor cafe to determine compliance with all require ents of this section through a complete application inclu ng site plan, business plan, proof of insurance and all other 3 Ordinance No. d. ( . I /Iff J1/ documents requi ed by this code. The Community Development Coordinator ma ~conditions on the approval that ensure compliance with his code, that are needed to ensure compatibility of the outdoor cafe wit~ adjoining businesses, or 111 1110/ eunrrf1u;. ~~~ /jd)1~ J t:?/tP ;; r/cr.,K.,. ~A~/.J4~. (5) The ~ime frames for review and appeal proc6tMreS~alT be ...f.,PreSCribed in Section 111 fi f~Uirements for all outdoor cafes. . (1) Operational requirements. (a) The permit shall be issued to the permit holder and shall be transferable only with the prior written approval of the City Manager or his/her designee. (b) Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with a sidewalk cafe shall be fire retardant or manufactured of fire-resistant material and shall be maintained with a clean and attractive appearance and shall be in good repair at all times. (c) No tables, chairs, or any other fixtures used in connections with an outdoor cafe shall be attached, chained, or in any manner affixed to any tree, post, sign, or other fixture. (c) The sidewalk cafe area, the area extending from the sidewalk cafe area to the street, and five feet beyond either end shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. v-(d) No amplified music provided to the patrons of any outdoor service area shall be identifiable in terms of the meaning of words or the melody of the music, at a distance of 100 feet in any direction from the outdoor service area. (e) The opening and closing hours of sidewalk cafes shall not extend beyond the hours of operation for the subject business establishment holding the sidewalk cafe permit. (f) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use. Alcoholic beverages 4 Ordinance No. . "':> ~ p-. 01 . must remain in the designated sidewalk cafe area. [Section 6-xxx] (g) No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the outdoor cafe area. (h) One menu (actual size) will be allowed to be affixed to the building fac;ade. (2) Location and design requirements. (a) The City of Clearwater may require the temporary removal of sidewalk cafes by the permit holder when street, sidewalk, or utility repairs necessitate such action or when, at the City's sole discretion, it is necessary to clear sidewalks. The permit holder shall be responsible for removing all sidewalk cafe fixtures at least two days prior to the date identified in writing by the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe ~ fixtures. (b) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fixtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (c) City shall have the authority to secure or remove fixtures and other items associated with the sidewalk cafe if necessary in the interest of public safety. (d) The sidewalk cafe shall be specifically limited to the sidewalk cafe area identified in the permit. (e) The permit holder shall ensure that the sidewalk cafe does not interfere with or limit the free unobstructed passage of sidewalk users in the approved pedestrian path. (f) Any outdoor service area in excess of 25 percent of the floor area of the principal restaurant to which the outdoor area is accessory shall be considered as floor 5 Ordinance No. . . area in determining the number of required off-street parking spaces for the principal use. (g) The perimeter around the sidewalk cafe area may be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. (h) No tables or chairs will be permitted within the sight visibility triangle of a street intersection or driveway [Section 3-904 of Community Development Code]. Tables or chairs shall not be placed within four feet of bus stops, taxi stands, telephone booths, fire hydrants, or counter service windows nor within two feet of any building entrances and/or exits. (i) The permittee is responsible for repair of any damage to the sidewalk caused by the outdoor cafe. The repair shall be made to City standards and within a reasonable period of time. ft.A. 0) The permittee shall meet all other City, county, and state regulations, laws, or ordinances. _<"In , r-& ~!I( I<lKJV-Otl~ Additiona/ requirements for cjiJkJ60r cafes on public prEfperly. v11) By use of any permit granted hereunder, the permit holder agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permit holder shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney prior to issuance of a permit. (2) The permit holder shall furnish, pay for, and maintain during the life of the permit with the City: (a) Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. The City is to be specifically included as an additional insured on the policy. (b) Workers' Compensation insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including Employers' Liability which meets all state and federal laws. 6 Ordinance No. . . (3) The Permit holder shall provide the City with a certificate or certificates of insurance showing the existence of coverages required by this Permit. The Permit holder will maintain these coverages with a current certificate or certificates of insurance throughout the term of the permit with the City. (4) When specifically requested by the City in writing, the Permit holder will provide the City with certified copies of all polices of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided the City whenever any policy is renewed, revised, or obtained from other insurers. (5) All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. )dd. ~~ 3. Revocation of permit [Need language from Leslie] The approval of a sidewalk cafe permit is conditional at all times. Revocation of permits shall be in amd;;W;~~Il/~ ~ Section 2. This ordinanc~t~a~mme~lipon adoPti~ PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk !#h~ I ~Adi~~~ -- AlorhI~Oh jV#-c- P7!fJl1o ~ ---~ ~t3Z.. /i1/PJ}{?a;& 10 7J7&w~11L ~ 7 Ordinance No. . . DEVELOPMENT STANDARDS ~ 3-~ 2. The accessory use and structure is subor- dinate in area, extent, and purpose to the principal use. 3. The accessory use and structure contrib- utes to the comfort, convenience or use of the principal use. 4. The accessory use and structure is located on the same property as the principal use and located behind the front edge of the principal structure. 5. The accessory use(s) and structures, un- less otherwise allowed as a permitted use in the zoning district, shall not cumula- tively exceed ten percent of the gross floor area of the principal use. Such structures may be permitted up to 25 percent of the gross floor area ofthe principal use through a Level One (flexible standard) approval process. Gross floor area of the principal building includes the floor area of any attached garage or carport. 6. The accessory use may be located in a separate building, provided that such build- ing complies with all the development standards in Article 3. 7. The use complies with each and every development standard applicable to the principal use to which the accessory use is accessory. 8. No accessory structure shall exceed 15 feet in height in any residential zoning district and no more than the allowable height for the principal use in any nonres- idential zoning district. Such structures may be permitted up to 20 feet in height in the residential zoning districts if ap- proved through a Level One (flexible stan- dard development) approval process. 9. Canvas, or other similar materials, shall not be allowed as a permitted material for any accessory structure. 10. In-ground pools that are 12 inches or less above grade shall be classified as an ac- cessory structure. In-ground pools that are greater than 12 inches or more above grade shall be classified as a principal structure. Supp. No.6 11. Exemptions. a. A two car detached garage shall be exempt from the percentage require- ments specified in Section 3-201(B)(5) above provided there is no other park- ing garage located on the site. b. Swimming pools and spas shall not be included when calculating the amount of permitted accessory uses! structures on a site. C. Outdoor cafes. Outdoor cafes or other out- door food service facilities which are subordinate to a restaurant are permitted as accessory uses in the C, D, T and ~Districts, provided that: 1. Any outdoor service are in excess of 25 percent of the floor area of the principal restaurant to which the outdoor area is accessory shall be considered as floor area in determining the number of required off-street parking spaces for the princir use. 2. Any outdoor service area located within a required setback and is located on paved or other hard surface, improved area with a definable edge. 3. If the proposed outdoor service area in- cludes public land, the location of tables, chairs and other equipment shall not un- reasonably interfere with the movement of pedestrians or vehicles and shall be approved as a Level One Approval in accordance with the requirements of Arti- cle 4 Division 3. 4. No amplified music provided to the pa- trons of any outdoor service area shall be identifiable in terms of the meaning of words or the melody of the music, at a distance of 100 feet in any direction from the outdoor service area when sustaine( wind velocity is less than 15 miles per hour; and 5. The hours of operation are coincident wj" the hours of operation of the princi restaurant use. CD3:9 Page 1 of 1 e e From: To: jtarapan <jtarapan@tampabay.rr.com> gcampos@c1earwater-f1.com <gcampos@clearwater-f1.com>; rowens@clearwater-f1.com <rowens@clearwater-f1.com>; Idougall@clearwater- f1.com <ldougall@c1earwater-f1.com>; Ifierce@clearwater-f1.com <lfierce@clearwater-f1.com> Cc: ctarapan@c1earwater-f1.com <ctarapan@clearwater-f1.com> Date: Sunday, January 19, 2003 4:57 PM Subject: Sidewalk Cafe Ordinance Please find attached the revised sidewalk cafe ordinance. I guess you can tell that I am not a Bucs fan!!! Of course, I would rather be working on this than watching the game!! Some general notes on what I have done: Anything in bold needs revision. There are several sections that have Leslie's name attached to them-need your help there. There is one section on noise that I need to run by Rob Surrette. There is one section at the end on fees that I call Geri and Leslie's attention to-please check and review this. All other bold sections are ones that I will finalize when I return to the office-I need a complete copy of the code to do so. I have used the term "sidewalk cafes" everywhere but added a special section for sidewalk cafes on right-of- way. I really think this is the best way to handle-see purpose and applicability section for the explanation. I will check if a definition of sidewalk cafe is needed-maybe the code already has one. I know the formatting is not right-but the numbering/outline is so please follow it that way. Page 6-#3-in the second paragraph, I added a provision that allows the cafe to be renewed without review if no changes. If changes to cafe, then must go through review again. Page 6 #3, 3rd paragraph-I added this section for inspection at any time. Leslie-feel free to move this or expand on it in the revocation section. Page 7-Effective Date-I made the effective date the Monday after City Commission approval on the previous Thursday. We have found that we need that day-Friday to make sure all staff have a copy of the ordinance and be ready for the onslaught of customers. Happy reading!! Thanks for your help, everyone. Finally, Leslie-can you write the title after you add the missing sections? I would appreciate it since I am not completely sure of all sections you are revising/amending/repealing. 1/19/03 e e '!!!!pani, Cyndi From: Sent: To: Subject: Tarapani, Cyndi Friday, January 17, 20033:19 PM Dougall-Sides, Leslie sidewalk cafe ordinance Leslie-I am not sure what happened on Wednesday-I thought you were scheduled to meet with Reg and Geri and me on the Sidewalk Cafe ordinance. Anyway, to meet the February CDB deadline, I need some items from you that are missing from the draft that Gina Dewitt drafted before Christmas: A section that amends Appendix for the fee A section re allowing alcohol to be consumed in the right-of-way of the sidewalk cafe area A section that repeals references to sidewalk cafes in the Code of Ordinances In addition to these missing items, I also thought that you were writing a section on Prohibiting a sidewalk cafe applicant from appealing a denial to the CDB. Obviously, I need to get a handle on all of this to make sure the title is correct. The title is due to the Clerk next Thursday, J an 23. With the short week and two public hearings on Tuesday, I really need your help. I will revise the ordinance over the weekend on the other issues. Can you get quickly on these items above so that we can stay on track for next Thursday? Thanks very much. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com 1 e e ~ani, Cyndi From: Sent: To: Subject: Tarapani, Cyndi Tuesday, January 14, 2003 9:34 AM Owens, Reginald W.; Campos, Geraldine; Fierce, Lisa; Dougall-Sides, Leslie FW: Outdoor cafe ordinance Please find attached the current version of the sidewalk cafe ordinance. This is the first draft prepared by Gina that attempts to put all of the comments into one document. I am sending it to you all in preparation for our meeting tomorrow so I have not made any corrections yet. Please review and I look forward to our discussion tomorrow. The adoption schedule is as follows: Final version agreed upon by all: Final draft to Clerk for advertising: COB Public hearing: CC first reading: CC second reading: Friday, Jan. 17' Thursday, Jan. 23 Tuesday, February 18 Thursday, February 20 March 6 "' Please note that Monday, Jan. 20 is a holiday and Tuesday, Jan 21 is a double public hearing day with both the CC and the COB. Hence the Friday deadline. Thanks for your cooperation. -----Original Message----- From: Dewitt, Gina Sent: Thursday, December 19, 20024:46 PM To: Dougall-Sides, Leslie; Tarapani, Cyndi Subject: Outdoor cafe ordinance I have attached what I think kind of puts all of your suggestions together and in the correct format. I'm sure you'll both have additional changes. Please send these to me in the form of underline/str'ikeout on this version so I can coordinate all the changes and not have to work from 3 diffel4ent ones again. ~ Outdoor cafe ord.doc Gina DeWitt Administrative Support Manager Clearwater City Attorney's Office 727-562-4011 gdewitt@clel::trwater-fl.com 1 e e .!!!!pani, Cyndi From: Sent: To: Subject: Dewitt, Gina Thursday, December 19, 2002 4:46 PM Dougall-Sides, Leslie; Tarapani, Cyndi Outdoor cafe ordinance I have attached what I think kind of puts all of your suggestions together and in the correct format. I'm :sure you'll both have additional changes. Please send these to me in the form of underline/strikeout on this version so I can coordinate all the changes and not have to work from 3 differ'ent ones again. ~ Outdoor cafe ord.doc Gi na De Witt Administrative Support Manager Clearwater City Attorney's Office 727-562-4011 gdewitt@clearwater-fl.com e e ORDINANCE NO. 7063-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PROVIDING AN EFFECTIVE DATE. WHEREAS, there exists the need for outdoor eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption; and WHEREAS, because of the high intensity of development in the Downtown "D" and Tourist ~T" zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way; and WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment; and WHEREAS, there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas; and WHEREAS, the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater; and WHEREAS, the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-201 C. Outdoor Cafes., Community Development Code, is hereby repealed in its entirety and reenacted as follows: 3-201 C. Outdoor cafes. 1. Purpose and Applicability. Outdoor cafes that are subordinate to a restaurant are permitted as an accessory use in the C, T and D districts provided all requirements of this section are met. It is the intent of the City that outdoor cafes enhance the pedestrian urban and beach character of the City by providing an additional amenity for the public to enjoy. 2. Application Requirements and Review Process. Ordinance No. -01 e e a. Review process. If an outdoor cafe is to be added to an existing restaurant, then the cafe shall be reviewed as a minimum standard use. If a new restaurant with outdoor cafe is proposed, the cafe shall be reviewed along with the restaurant as either flex standard or flex use as appropriate. b. Application and permit fee. (1) Each permit shall be effective for one year from October 1 until September 30, and must be renewed annually with the approval of the City. (2) The annual permit fee for establishing or maintaining a sidewalk cafe shall be $120. [Amend Appendix A of Code]. (3) The permit fee shall be paid on or before October 1 and shall cover the time period from October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee will be prorated on a per month basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. c. Submittal requirements. (1) A pre-application meeting to discuss the proposed sidewalk cafe and application requirements is required with the City Manager's designee. (2) A completed application for a sidewalk cafe permit shall be submitted to the City's Development Services Department. The application shall include, but not be limited to, the following information: (a) Name, address, telephone number, and fax of the applicant (business owner or designee) and property owner; (b) Name and address of the subject, permitted business establishment; (c) A copy of a valid City of Clearwater occupational license to operate the business establishment, the subject of the application; (d) Written approval from the owner of the building in which the permitted business established is located; (e) A copy of current certificate of insurance in the amounts and categories required by this article; 2 Ordinance No. e e (f) A drawing (drawn to scale of minimum 1 :50) showing the layout and dimensions of the sidewalk; sidewalk cafe area and adjacent private property and building showing entrances and exits; proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, railings, decorative chains and any other fixture, structure or obstruction either existing or proposed within the sidewalk cafe; (9) Photographs, drawings or manufacturers' brochures fully describing the appearance, color, and materials of all proposed tables, chairs; umbrellas, awnings, canopies or other fixtures related to the sidewalk cafe. (h) Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the right of way. (3) Permits will be granted at the time of application if all conditions set forth in this article are satisfied. d. Application review standards and criteria. The following requirements shall be met in reviewing the application and before issuing a permit: (1) Permits shall be issued only to persons who hold valid occupational licenses for a business establishment and who wish to provide tables and chairs on the sidewalk(s) abutting the subject establishment for use by the general public. (2) Sidewalk cafes are restricted to the sidewalk frontage of the subject business establishment to which a permit has been issued or such other area as approved by the City Manager or his/her designee. (3) Sidewalk cafes shall be located in a manner that promotes efficient and direct pedestrian movement. A minimum of one unobstructed pedestrian path at least four feet wide shall be maintained at all times. In areas of congested pedestrian activity a wider pedestrian path may be required. Access to fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. (4) The Community Development Coordinator shall review an application for an outdoor cafe to determine compliance with all requirements of this section through a complete application including site plan, business plan, proof of insurance and all other 3 Ordinance No. e e documents required by this code. The Community Development Coordinator may impose conditions on the approval that ensure compliance with this code, that are needed to ensure compatibility of the outdoor cafe with adjoining businesses, or ??? (5) The time frames for review and appeal procedures shall be as prescribed in Section ??? e. General requirements for all outdoor cafes. (1) Operational requirements. (a) The permit shall be issued to the permit holder and shall be transferable only with the prior written approval of the City Manager or his/her designee. (b) Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with a sidewalk cafe shall be fire retardant or manufactured of fire-resistant material and shall be maintained with a clean and attractive appearance and shall be in good repair at all times. (c) No tables, chairs, or any other fixtures used in connections with an outdoor cafe shall be attached, chained, or in any manner affixed to any tree, post, sign, or other fixture. (c) The sidewalk cafe area, the area extending from the sidewalk cafe area to the street, and five feet beyond either end shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. (d) No amplified music provided to the patrons of any outdoor service area shall be identifiable in terms of the meaning of words or the melody of the music, at a distance of 100 feet in any direction from the outdoor service area. (e) The opening and closing hours of sidewalk cafes shall not extend beyond the hours of operation for the subject business establishment holding the sidewalk cafe permit. (f) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use. Alcoholic beverages 4 Ordinance No. e e must remain in the designated sidewalk cafe area. [Section 6-xxx] (g) No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the outdoor cafe area. (h) One menu (actual size) will be allowed to be affixed to the building fayade. (2) Location and design requirements. (a) The City of Clearwater may require the temporary removal of sidewalk cafes by the permit holder when street, sidewalk, or utility repairs necessitate such action or when, at the City's sole discretion, it is necessary to clear sidewalks. The permit holder shall be responsible for removing all sidewalk cafe fixtures at least two days prior to the date identified in writing by the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (b) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fixtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (c) City shall have the authority to secure or remove fixtures and other items associated with the sidewalk cafe if necessary in the interest of public safety. (d) The sidewalk cafe shall be specifically limited to the sidewalk cafe area identified in the permit. (e) The permit holder shall ensure that the sidewalk cafe does not interfere with or limit the free unobstructed passage of sidewalk users in the approved pedestrian path. (f) Any outdoor service area in excess of 25 percent of the floor area of the principal restaurant to which the outdoor area is accessory shall be considered as floor 5 Ordinance No. e e area in determining the number of required off-street parking spaces for the principal use. (g) The perimeter around the sidewalk cafe area may be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. (h) No tables or chairs will be permitted within the sight visibility triangle of a street intersection or driveway [Section 3-904 of Community Development Code]. Tables or chairs shall not be placed within four feet of bus stops, taxi stands, telephone booths, fire hydrants, or counter service windows nor within two feet of any building entrances and/or exits. (i) The permittee is responsible for repair of any damage to the sidewalk caused by the outdoor cafe. The repair shall be made to City standards and within a reasonable period of time. 0) The permittee shall meet all other City, county, and state regulations, laws, or ordinances. f. Additional requirements for outdoor cafes on public property. (1) By use of any permit granted hereunder, the permit holder agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permit holder shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney prior to issuance of a permit. (2) The permit holder shall furnish, pay for, and maintain during the life of the permit with the City: (a) Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. The City is to be specifically included as an additional insured on the policy. (b) Workers' Compensation insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including Employers' Liability which meets all state and federal laws. 6 Ordinance No. e e (3) The Permit holder shall provide the City with a certificate or certificates of insurance showing the existence of coverages required by this Permit. The Permit holder will maintain these coverages with a current certificate or certificates of insurance throughout the term of the permit with the City. (4) When specifically requested by the City in writing, the Permit holder will provide the City with certified copies of all polices of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided the City whenever any policy is renewed, revised, or obtained from other insurers. (5) All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. 3. Revocation of permit [Need language from Leslie] The approval of a sidewalk cafe permit is conditional at all times. Revocation of permits shall be in accordance with [reference section]. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk 7 Ordinance No. e e '!!!:!pani, Cyndi From: Sent: To: Cc: Subject: Tarapani, Cyndi Thursday, December 19,200211:24 AM Akin, Pam; Dougall-Sides, Leslie; Brumback, Garry; Stone, Ralph Owens, Reginald W.; Campos, Geraldine; Fierce, Lisa; Nicodemus, Sherrie Sidewalk Cafe I spoke to Garry this morning re the sidewalk cafe. So as to have a meaningful conversation among all of us on the outstanding issues, we will pull the sidewalk cafe ordinance from the January CDB meeting and meet in early January to discuss these issues. Sherrie-please schedule one hour on all of the above calendars during the week of Jan 6 for us to discuss this issue. Thanks. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com 1 e e ~ani, Cyndi From: Sent: To: Subject: Fierce, Lisa Thursday, December 19, 200210:01 AM Tarapani, Cyndi FW: sidewalk cafe Lisa L. Fierce Assistant Planning Director City of Clearwater - Planning Department lfierce@clearwater-fl.com 727.562.4561 phone 727.562.4865 fax -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, December 18, 2002 4:57 PM To: Tarapani, Cyndi; Rerce, Lisa Subject: FW: sidewalk cafe FY further I... -----Original Message----- From: Akin, Pam Sent: Wednesday, December 18,20024:56 PM To: Stone, Ralph; Campos, Geraldine Cc: Brumback, Garry; Dougall-Sides, Leslie Subject: RE: sidewalk cafe I disagree I believe that it should be treated as an accessory use and reviewed as any other. -----Orlginal Message----- From: Stone, Ralph Sent: Wednesday, December 18, 2002 2:57 PM To: Akin, Pam; Campos, Geraldine Cc: Brumback, Garry; Dougall-Sides, Leslie Subject: RE: sidewalk cafe geri/pam-we have always been working on incorporating the ordinance in the land development code; the issue is wheter to "blend it in" with the current "outdoor cafe" regs, which are limited to private property, and require site plan review, DRC, appeals rights etc.; this is what i DO NOT want to do; the appropriate approach is to make a new section immediately following which would be headed" Sidewalk Cafes" which would be limited to those areas in rights of way; the approach would be a permit which would have sign off by planning, engineering, building and e.d.; this would not create appeal rights and would not be mixed up with and confused with the private area outdoor regs. ; geri please place in the appropriate ordinance format and email to all of us; thanks -----Original Message----- From: Akin, Pam Sent: Wednesday, December 18, 2002 11:21 AM To: Campos, Geraldine Cc: Stone, Ralph; Brumback, Garry; Dougall-Sides, Leslie Subject: RE: sidewalk cafe Good morning Geri, after due consideration and consulting with the various view points, I believe the way to go is to put this in the Land Development Code. The version of the ordinance which I have seen is not in the appropriate format. I have asked Gina, my Staff assistant to put in the proper legal form. She will need your version e-mailed to her. 1 -----Original Message----- tit From: Campos, Geraldine Sent: Tuesday, December 17, 2002 11:35 AM To: Akin, Pam Subject: FW: sidewalk cafe e Hi Pam: Have you been able to give the sidewalk cafe issue any thought? As an update: From our meeting with Leslie and planning last week, the title for the ordinance for the COB in January goes in this Friday. Leslie has written the amendments to Open Container law; drafted ordinance for section amending/repealing reference to s/w cafes in Ch. 20 of Code; drafted language re revocation of s/w cafe permits. I will finalize the sidewalk cafe ordinance this week and send to planning and legal for review. However, I first need direction regarding including the sidewalk cafe regulations (ordinance written) with the outdoor cafe on private property that is currently in the comm. dev. code. Please let me know if you have any questions. thanks, Geri -----Original Message----- From: Stone, Ralph Sent: Monday, December 16, 2002 8:42 AM To: Akin, Pam Cc: Campos, Geraldine Subject: sidewalk cafe pam-i know we need to clone you; but the sidewalk cafe is also sched. for the jan. COB meeting; if you do not get to this today; would you please coordinate w geri campos; she is writting the ord and cover material; i still strongly recommend we use a right-of way permit type of approach for all the reasons we discussed; geri-if you do not hear from pam in your time frame; give her a call; she is very busy right now, but does not bite 2 e e Tarapani, Cyndi From: Sent: To: Cc: Subject: Akin, Pam Thursday, December 19,20029:41 AM Brumback, Garry; Tarapani, Cyndi Dougall-Sides, Leslie RE: Ordinance Yes, the only thing that separates the sidewalk cafe from an outdoor cafe is the use of right-of-way. It is and should be, otherwise indistinguishable from the accessory use of outdoor cafe. The areas in which it is permitted are subject to design review. Why create a whole new process to avoid the permitting process simply because it is City owned property? -----Original Message----- From: Brumback, Garry Sent: Thursday, December 19, 2002 8:50 AM To: Tarapani, Cyndi; Akin, Pam Subject: FIN: Ordinance Thoughts? Garry Brumback Assistant City Manager (727)562-4053 -----Original Message----- From: Stone, Ralph Sent: Thursday, December 19, 20028:49 AM To: Brumback, Garry; Akin, Pam Subject: FIN: Ordinance this is the version i want to go with; it is modeled after the winter park and s1. pete ordinances; this is straight forward; provides for all depts to particpate in the review and makes the approval process very predictable for the applicant; the city will not have to be a co applicant and will have the ability to revoke; geri-has worked very hard on this and it's time to move on; everyone's comments have been discussed and all the departments affected by the ordinance have a role in review BEFORE the permit is approved; i do not want to blend this in w the private property outdoor cafe section of the code; this will be the very next section; combining them causes confusion and inappropiratley mixes the private property w the publiC right of way; since garry is out next week and i am out now, i suggest pulling this for the jan. CDB meeting if either of you wants to discuss; am also avail. on cell thanks -----Original Message----- From: Campos, Geraldine Sent: Wednesday, December 18, 2002 5:19 PM To: Dougall-Sides, Leslie Cc: Dewitt, Gina; Akin, Pam; Stone, Ralph Subject: RE: Ordinance Hi Leslie and Gina: Attached is the most recent version of the Sidewalk Cafe Ordinance that I've done. I've also revised the definitions page (took out definition of permittee). If the other version (Cyndi's proposed outdoor cafe) is needed, I will email that to you tomorrow. thanks, Geri << File: sidewalk cafe v2 Ordinance.doc>> <<File: Sidewalk Cafe Definitions-revised.doc >> 1 e e -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, December 18, 20024:29 PM To: Campos, Geraldine Cc: Akin, Pam; Dewitt, Gina Subject: RE: Ordinance We will finalize it if you will email it to us. Gina, here is a version I saved on the s:/ drive and a definitions module to be inserted; however, I do not believe that this is the latest version. << File: sidewalk cafe in Ordinance form.doc>> <<File: Sidewalk Cafe Definitions.doc >> -----Original Message----- From: Campos, Geraldine Sent: Wednesday, December 18, 2002 11:08 AM To: Dougall-Sides, Leslie Subject: RE: Ordinance thanks, please let me know, and I can finalize my portion. thanks for your help. Geri -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, December 18, 2002 11:05 AM To: Campos, Geraldine Subject: Ordinance Pam will be discussing it with Garry. 2 ~ft~~~ · · ~IL~ JWUI;h ~f;7}J?;r/U ~/~ -~?f - ~;l-~~~/I~/sd~/a4:. __~~ (It ~~~/JJIb~o/~i ta::.az:e - .-I~ ,', m/Ji~Ib-~.~ /Y-;-rveil-WY ~~~ -- ~~~;~/~~=:C~ PIZe-~ hY;o/~~17'3/ qM:?--Io~ ~~~#J/%~1f _ ~e- - //lte ~j- 07c:u~ ~ ... 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At our last meeting, Leslie said she would write the sections that amend the other sections to the Code. To facilitate the process, I addressed the other issues discussed at the meeting, specifically clarifying the requirements and conditions section. Thanks, Geri -----Original Message--m From: Tarapani, Cyndi Sent: Monday, December 09,20025:08 PM To: Campos, Geraldine Cc: Rerce, Usa Subject: RE: Revised Sidewalk Cafe Ordinance Geri-my quick review of the draft still does not have what section(s) of the City Code will be amended. This is one of the major concern that I have-you still cannot tell how this integrates with the existing code and processes. I will review in more detail before our meeting but just wanted to give you early notice that this is still incomplete. Thanks. -----Original Message----- From: Campos, Geraldine Sent: Monday, December 09, 2002 9:47 AM To: Stone, Ralph; Dougall-Sides, Leslie; Rerce, Usa; Tarapani, Cyndi Cc: Owens, Reginald W. Subject: Revised Sidewalk Cafe Ordinance In preparation for our meeting Wednesday, I have gone through the draft ordinance and made several revisions per comments from our last meeting. Revised draft is attached. Please let me know if there are any items that we have not addressed. Outstandina Items to discuss: Outdoor seating section Tourist location--on Clearwater Beach only Clarification of "Requirements" and "Conditions" Need revocation language (Leslie) Permit fee Dev. Services application processing Other application requirements (Should we add copy of alcohol license to application reqs?) Amending other sections (Section 28-04 of Code of Ordinances) Thanks, Geri << File: sidewalk cafe v2 Ordinance.doc >> Geraldine Campos Assistant Director of Community Redevelopment City of Clearwater (727) 562-4023 (727) 562-4075 Fax gcampos@c1earwater-f1.com 1 e e Tarapani, Cyndi From: Sent: To: Subject: Campos, Geraldine Wednesday, December 04,20024:47 PM Stone, Ralph; Dougall-Sides, Leslie; Fierce, Lisa; Tarapani, Cyndi RE: sidewalk cafe item In preparation for our meeting scheduled for next Wednesday (12/11), Leslie is preparing the items below. I was going to consolidate/clarify some of the permit conditions into the application requirements per our discussion last week and send that around for review on Monday prior to the meeting. Please let me know if there are any items that we have not addressed. thanks, Geri -----Origi nal Message----- From: Stone, Ralph Sent: Wednesday, December 04, 2002 2:55 PM To: Dougall-Sides, Leslie Cc: Campos, Geraldine Subject: RE: sidewalk cafe item thanks leslie -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, December 04, 2002 12:04 PM To: Stone, Ralph Subject: RE: sidewalk cafe item Thanks for comments. My assignments are: draft ordinance amending open container section to allow consumption on s/w; draft ordinance or section amending/repealing reference to s/w cafes in Ch. 20 of Code; draft language re revocation of s/w cafe permits. -----Original Message----- From: Stone, Ralph Sent: Wednesday, December 04, 2002 10:55 AM To: Tarapani, Cyndi Cc: Fierce, Usa; Campos, Geraldine; Dougall-Sides, Leslie; Brumback, Garry Subject: RE: sidewalk cafe item the outdoor cafe on private property and the sidewalk cafe on public property need to be in separate sections; the intent of the sidewalk section is to be performance driven and not require DRC/CDB action; the outdoor cafes on private property need site plan review because of all of then normal site plan issues; sandy is setting up meeting w group to review; lets only do this one more time; if anyone cannot attend please send a rep; thanks -----Original Message----- From: Tarapani, Cyndi Sent: Monday, December 02, 2002 12:24 PM To: Stone, Ralph Cc: Fierce, Usa; Campos, Geraldine; Dougall-Sides, Leslie; Brumback, Garry Subject: RE: sidewalk cafe item There were several items outstanding when we met last week, namely the writing of the ordinance in ordinace form with the specific sections of the CD Code to be amended/ revised/ deleted, etc. Without the ordinance in the final form, it was difficult to understand how it will work. For example, what happens to the existing "Outdoor Cafe" section of the Code? (Answer: some of those provisions need to remain and some need to be applicable only to public cafes.) Most importantly, the draft ordinance did not meld into the format of the Code-ie, Level one, two- flex or flex standard, etc. \Ve agreed that to fe" the ordinance in time to publish for the December CDB was unreasonable time wise and schedule-wise. In addition, the item can be scheduled for the Jan CDB and still b.omplete with Commission approval by t first week of February. This schedule is only one week different from the earlier schedule and will allow the ordinance to be in place in time for spring break applications. In our meeting, we agreed that each of us had an assignment to write or revise certain sections and then those documents will be circulated for all to review. Thanks. -----Original Message----- From: Stone, Ralph Sent: Monday, December 02, 2002 11:35 AM To: Harriger, Sandy Cc: Tarapani, Cyndi; Rerce, Usa; Campos, Geraldine; Dougall-Sides, Leslie Subject: sidewalk cafe item sandy please sehed. meeting in e.d. cont. rm. with listed staff; do not sched. for this week; thanks all-it is my understanding that this item has been pulled off the dee. COB; i thought we had all of this done; geri-if there are outstand engineering or risk management items also contact mike q. and sharon; my recollection is that we had resolved their issues 2 e e Tarapani, Cyndi From: Sent: To: Cc: Subject: Stone, Ralph Wednesday, December 04, 2002 10:55 AM Tarapani, Cyndi Fierce, Lisa; Campos, Geraldine; Dougall-Sides, Leslie; Brumback, Garry RE: sidewalk cafe item the outdoor cafe on private property and the sidewalk cafe on public property need to be in separate sections; the intent of the sidewalk section is to be performance driven and not require DRC/CDB action; the outdoor cafes on private property need site plan review because of all of then normal site plan issues; sandy is setting up meeting w group to review; lets only do this one more time; if anyone cannot attend please send a rep; thanks -----Original Message----- From: Tarapani, Cyndi Sent: Monday, December 02, 2002 12:24 PM To: Stone, Ralph Cc: Rerce, Usa; Campos, Geraldine; Dougall-Sides, Leslie; Brumback, Garry Subject: RE: sidewalk cafe item There were several items outstanding when we met last "'leek, namely the writing of the ordinance in ordinace form with the specific sections of the CD Code to be amended/ revised/ deleted, etc. Without the ordinance in the final form, it was diHicult to understand how it will work. For example, what happens to the existing "Outdoor Cafe" section of the Code? (Answer: some of those provisions need to remain and some need to be applicable only to public cafes.) Most importantly, the draft ordinance did not meld into the format of the Code-ie, Level one, two-flex or flex standard, etc. We agreed that to fix the ordinance in time to publish for the December CDB was unreasonable time wise and schedule-wise. In addition, the item can be scheduled for the Jan CDB and still be complete with Commission approval by the first week of February. This schedule is only one week different from the earlier schedule and will allow the ordinance to be in place in time for spring break applications. In our meeting, we agreed that each of us had an assignment to write or revise certain sections and then those documents will be circulated for all to review. Thanks. -----Original Message----- From: Stone, Ralph Sent: Monday, December 02,2002 11:35 AM To: Harriger, Sandy Cc: Tarapani, Cyndi; Rerce, Usa; Campos, Geraldine; Dougall-Sides, Leslie Subject: sidewalk cafe item sandy please sched. meeting in e.d. conf. rm. with listed staff; do not sched. for this week; thanks all-it is my understanding that this item has been pulled off the dec. COB; i thought we had all of this done; geri-if there are outstand engineering or risk management items also contact mike q. and sharon; my recollection is that we had resolved their issues 1 - - Tarapani, Cyndi From: Sent: To: Cc: Subject: Tarapani, Cyndi Monday, December 02,200212:24 PM Stone, Ralph Fierce, Lisa; Campos, Geraldine; Dougall-Sides, Leslie; Brumback, Garry RE: sidewalk cafe item There were several items outstanding when we met last week, namely the writing of the ordinance in ordinace form with the specific sections of the CD Code to be amended/ revised/ deleted, etc. Without the ordinance in the final form, it was difficult to understand how it will work. For example, what happens to the existing "Outdoor Cafe" section of the Code? (!\nswer: some of those provisions need to remain and some need to be applicable only to public cafes.) Most importantly, the draft ordinance did not meld into the format of the Code-ie, Level one, two-Hex or Hex standard, etc. \'\/e agreed that to fix the ordinance in time to publish for the December CDB was unreasonable time wise and schedule-wise. In addition, the item can be scheduled for the Jan CDB and still be complete with Commission approval by the first week of February. 'fhis schedule is only one week different from the earlier schedule and will allO\v the ordinance to be in place in time for spring break applications. In our meeting, we agreed that each of us had an assignment to write or revise certain sections and then those documents will be circulated for all to review. Thanks. -----Original Message----- From: Stone, Ralph Sent: Monday, December 02, 2002 11:35 AM To: Harriger, Sandy Cc: Tarapani, Cyndi; Fierce, Usa; Campos, Geraldine; Dougall-Sides, Leslie Subject: sidewalk cafe item sandy please sched. meeting in e.d. conf. rm. with listed staff; do not sched. for this week; thanks all-it is my understanding that this item has been pulled off the dec. COB; i thought we had all of this done; geri-if there are outstand engineering or risk management items also contact mike q. and sharon; my recollection is that we had resolved their issues Iii e e ft t6 .tJt, ~/6tHiIh/U/ WUe. ~-~/C!Iff / ;:q~ ~khl/tJH ,/r~/k;t/3~ffJiJ1.~ . A ~~= ~lJVl1#~a::.. ~~ ..~ nmh~~ae n~ ~ .~ht/j~ ~~~ -.~h~ ~~ ~~it!tlj ~V-lJl/ t:3 ~fiol1e./ok~ - ~ ~ ... twhr:~ U~4- /WtAlUt) ..:~ .:~~ M.~m~. .... (JIi ~(: ~ p(l~ e e ~ani, Cyndi From: Sent: To: Campos, Geraldine Monday, November 25, 20022:39 PM Fierce, Lisa; Dougall-Sides, Leslie; Stone, Ralph; Tarapani, Cyndi; Quillen, Michael; Walton, Sharon; Garriott, Kevin Owens, Reginald W. RE: Sidewalk Cafe Ordinance--Wrap Up Discussion Cc: Subject: As a reminder, we are meeting tomorrow at 1 pm in the Planning conference room to wrap up the discussion on the Sidewalk Cafe ordinance. Outstanding items to discuss: 1. Permit fee 2. Sidewalk inspections at time of pre-application meeting 3. Turnaround time for dept. approvals prior to application 4. Enforcement 5. Design guidelines 6. Mention of sidewalk cafes in Section 28-04 of Code of Ordinances 7. Open container law--all set? thanks, Geri -----Original Message----- From: Campos, Geraldine Sent: Thursday, November 21, 20023:54 PM To: Rerce, Usa; Dougall-Sides, Leslie; Stone, Ralph; Tarapani, Cyndi; Quillen, Michael; Walton, Sharon Subject: Sidewalk Cafe Ordinance--Wrap Up Discussion Hi all: We would like to meet one more time to go over some of the outstanding issues on the ordinance. It seems that everyone is available on Tuesday, Nov 26 at 1 pm. If not, please let me know. Lisa, is the planning conference room available? Thanks! Geri Geraldine Campos Assistant Director of Community Redevelopment City of Clearwater (727) 562-4023 (727) 562-4075 Fax gcampos@clearwater-f1.com 1 e e '!!!!pani, Cyndi From: Sent: To: Subject: Fierce, Lisa Friday, November 22, 2002 1 :31 PM Tarapani, Cyndi FW: Proposed change in ordinance Lisa L. Fierce Assistant Planning Director City of ClealWater - Planning Department Ifierce@clealWater-fl.com 727.562.4561 phone 727.562.4865 fax -----Original Message----- From: Campos, Geraldine Sent: Friday, November 22, 2002 10:08 AM To: Fierce, Usa; Dougall-Sides, Leslie Cc: Clayton, Gina Subject: RE: Proposed change in ordinance Hi Lisa and Leslie: A draft of the staff report for the sidewalk cafe ordinance is attached. I was unsure if more information was needed in the report regarding the amendment to the open container law. Please take a look and let me know if there is anything I'm missing and need to add. We're set for meeting on Tuesday, Nov 26 at 1 pm in Planning conference room to go over outstanding issues. thanks, Geri ~ 1iI~ -' Staff Report - Sidewalk Cafe 0... -----Original Message----- From: Fierce, Usa Sent: Thursday, November 21,20022:19 PM To: Dougall-Sides, Leslie; Campos, Geraldine Cc: Tarapani, Cyndi Subject: RE: Proposed change in ordinance the full staff report with ordinance goes out in packets on dec 7; that means planning needs to have read and edited everything prior to that, and that we get 15 copies of everything; the real deadline i thought you were working under was for the end of next week (which is short due to the holiday) - also, i am not here next weds. geri is working on getting us together next week Lisa L. Fierce Assistant Planning Director City of ClealWater - Planning Department Ifierce@clealWater-f1.com 727.562.4561 phone 727.562.4865 fax -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, November 21, 200212:28 PM To: Fierce, Usa 1 Subject: Proposed change in ordin'- e To change "sidewalk" to "outdoor" will necesstitate a title change and the titles have I believe already gone to the paper. I propose putting the new provisions in the accessory use section and perhaps distinguishing between "outdoor" cafes on private property and "sidewalk" cafes that use public right of way. Please advise when you need the completed ordinance for the CDS agenda packet. If it turns out there are too many outstanding issues then the matter should be postponed, but I am still trying to resolve them by the current deadlines... 2 e e Tarapani, Cyndi From: Sent: To: Cc: Subject: Fierce, Lisa Thursday, November 21, 20022:19 PM Dougall-Sides, Leslie; Campos, Geraldine Tarapani, Cyndi RE: Proposed change in ordinance the full staff report with ordinance goes out in packets on dec 7; that means planning needs to have read and edited everything prior to that, and that we get 15 copies of everything; the real deadline i thought you were working under was for the end of next week (which is short due to the holiday) - also, i am not here next weds. geri is working on getting us together next week Lisa L. Fierce Assistant Planning Director City of Clearwater - Planning Department Ifierce@clearwater-fl.com 727.562.4561 phone 727.562.4865 fax -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, November 21,200212:28 PM To: Fierce, Usa Subject: Proposed change in ordinance To change "sidewalk" to "outdoor" will necesstitate a title change and the titles have I believe already gone to the paper. I propose putting the new provisions in the accessory use section and perhaps distinguishing between "outdoor" cafes on private property and "sidewalk" cafes that use public right of way. Please advise when you need the completed ordinance for the CDB agenda packet. If it tums out there are too many outstanding issues then the matter should be postponed, but I am still trying to resolve them by the current deadlines... e e '!!!!pani, Cyndi From: Sent: To: Cc: Subject: Fierce, Lisa Tuesday, November 19,20028:35 AM Campos, Geraldine Tarapani, Cyndi; Stone, Ralph; Dougall-Sides, Leslie; Quillen, Michael; Owens, Reginald W. outdoor cafe ordinance some additional points to consider from our meeting yesterday: 1) are we only dealing with public property cafes? would make sense to have similar guidelines on private property too (eg starbucks) 2) any additional parking requirements? at 26 % expansion or more require parking? 3) fees based on commencement date, rather than fiscal year may be easier to administer 4) amend accessory use section 5) city inspection of sidewalk to determine if it is level/adequate for cafe and not in disrepair? 6) prohibit outdoor display, unless requested under separate application 7) fire department involvement? 8) alcoholic beverages must remain within designated area with signs posted 9) insurance should be valid at all times 10) who revokes/suspends permits? 11) how will we deal with businesses that share entrances (multitenant buildings) - must have own exterior door to business? 12) new ordinance may be appropriate in other zoning districts where restaurants are permitted (eg commercial district) 13) this should be amending the accessory uses/structures section 3-201.C. Outdoor cafes reminder about timing- if this case is to be reviewed by the cdb in december, it needs to get added to the cdb agenda with appropriate request language and title needs to be completed by tomorrow - we send the agenda and title information to cyndie g. usually by 3 pm (so we need it earlier than that) the staff report needs to be to planning for review by the end of next week (short week with thanksgiving - i am off weds- friday); 15 copies of the ordinance and staff report will be needed for cdb packets by december 6 [could also shoot for january 21 cdb and the january 24 cc meeting) Lisa L. Fierce Assistant Planning Director City of Clearwater - Planning Department Ifierce@clearwater-f1.com 727.562.4561 phone 727.562.4865 fax 1 e e ~pani, Cyndi From: Sent: To: Cc: Subject: Dougall-Sides, Leslie Wednesday, November 13, 2002 2:36 PM Campos, Geraldine Tarapani, Cyndi; Akin, Pam RE: Clearwater Sidewalk Cafe Ordinance--Draft for Comments/Discussion I am reviewing this substantively, but it also needs to be put in the format of the City of Clearwater ordinance form that I emailed to you, and needs to create the section nos. of the Land Development Code we discussed [Section 3-2401 and subsequent]. -----Original Message----- From: Campos, Geraldine Sent: Friday, November 08, 2002 6:07 PM To: Stone, Ralph; Tarapani, Cyndi; Wells, Wayne; Rerce, Usa; Clayton, Gina; Owens, Reginald W.; Garriott, Kevin; Kronschnabl, Jeff; Dougall-Sides, Leslie; Akin, Pam; Kephart, Richard; Quillen, Michael; Arasteh, Mahshid; Bertels, Paul; Williams, Dewey; Hays, Robert; Colbert, Joseph; Kurtz, Timothy M.; Walton, Sharon; Green, Anne Cc: Harriger, Sandy Subject: Clearwater Sidewalk Cafe Ordinance--Draft for Comments/Discussion Hi all: As you are probably aware, our current Community Development Code does not address outdoor seating in the right of way (sidewalk cafes) in an effective way. As we near completion of the Mandalay Streetscape and as more restaurants gear up for the Spring Break period, we wanted to have a Sidewalk Cafe Ordinance in place to respond to this need in Downtown and at the Beach. As a first step, I have prepared a draft ordinance, attached, that lays out the guidelines and standards for comments and discussion. I used as a base for this ordinance the development order that Wayne Wells completed for outdoor seating on Cleveland Street and ordinances from St. Pete, Tampa, Ft. Lauderdale, and Winter Park. I also met with Leslie Dougall-Sides to make sure I captured the most important elements. During the following week, I would appreciate it if you could review and send me any comments on the draft. The next step will be to schedule a meeting (before Thanksgiving) to discuss the main elements and any issues/questions on the draft (some of these items are bolded throughout the document). If appropriate, we would like the ordinance to go before the Community Development Board on Dec. 17,2002 and the City Commission on Jan 23, 2003. Please let me know if you have any questions. Thank you, Geri Campos << File: Clearwater Sidewalk cafe ordinance.doc >> Geraldine Campos Assistant Director of Community Redevelopment City of Clearwater (727) 562-4023 (727) 562-4075 Fax gcampos@clearwater-fl.com 1 e e ~pani, Cyndi From: Sent: To: Subject: Kephart, Richard Tuesday, November 12,200212:04 PM Wells, Wayne; Clayton, Gina; Tarapani, Cyndi FW: Clearwater Sidewalk Cafe Ordinance--Draft for Comments/Discussion Here is a very rough outline of areas/issues that should be considered in the ordinance. I am sure that other areas need to be considered. 1. Need to identify who inspects the sidewalk prior to issuing a permit to ensure that the sidewalk is not is such disrepair that it can safely contain an outdoor cafe. 2. Who pays for any repair to sidewalk prior to issue of permit? 3. Are outdoor displays allowed on tables, chairs, etc. that are not sold on premises, artwork, or other items. 4. Permit should be valid from date of issuance, not Oc1Qber 1, to September 30. Could even tie into OCL. 5. Is four feet pedestrian path adequate for ADA. q.r ~ I 6. Need to define what congested areas are. 7. Fire department needs to be involved in what fixtures are allowed in the sidewalk cafe area. 8. Need to incorporate acceptable outdoor cafe tables, chairs, umbrellas, canopies, awnings and other fixtures within design guidelines. 9. Need to state that alcoholic beverages must remain within the designated outdoor seating area with designated signage next to entrance/exit area (NO ALCOHOL BEYOND THIS POINT) 10. Need to establish how high signs must be for menu boards with no alcohol signage. 11. Shouldn't insurance be valid at all times? If insurance is cancelled then no sidewalk cafe can be allowed. Ordinance identifies for following year. if :-- ::Iearwater Sidewalk cafe ordin... 12. C mmunity Development Coordinator should have the right to revoke sidewalk permit if ownership does not follow requirements of the permit. This should be immediately carried out without appeal. 13. Who actually issues permit and when? The zoning counter if all requirements are met, or approval through public hearing process? 14. How do you deal with businesses that share entrances. Are we going allow people to walk out of the business and then walk into an outdoor sidewalk cafe. Seems that only businesses that have entrances that require patrons to enter and leave through the sidewalk cafe should be allowed. -----Original Message----- From: Campos, Geraldine Sent: Friday, November 08,20026:07 PM To: Stone, Ralph; Tarapani, Cyndi; Wells, Wayne; Rerce, Usa; Clayton, Gina; Owens, Reginald W.; Garriott, Kevin; Kronschnabl, Jeff; Dougall-Sides, Lesliei Akin, Pam; Kephart, Richardi Quillen, Michaeli Arasteh, Mahshidi Bertels, Pauli Williams, DeweYi Hays, Roberti Colbert, Josephi Kurtz, TImothy M.; Walton, Sharon; Green, Anne Cc: Harriger, Sandy Subject: Clearwater Sidewalk Cafe Ordinance--Draft for Comments/Discussion Hi all: As you are probably aware, our current Community Development Code does not address outdoor seating in the right of way (sidewalk cafes) in an effective way. As we near completion of the Mandalay Streetscape and as more restaurants gear up for the Spring Break period, we wanted to have a Sidewalk Cafe Ordinance in place to respond to this need in Downtown and at the Beach. As a first step, I have prepared a draft ordinance, attached, that lays out the guidelines and standards for comments and discussion. I used as a base for this ordinance the development order that Wayne Wells completed for outdoor seating on Cleveland Street and ordinances from St. Pete, Tampa, Ft. Lauderdale, and Winter Park. I also met with Leslie Dougall-Sides to make sure I captured the most important elements. During the following week, I would appreciate it if you could review and send me any comments on the draft. The next step will be to schedule a meeting (before Thanksgiving) to discuss the main elements and any issues/questions on the draft (some of these items are bolded throughout the document). If appropriate, we would like the ordinance to go before 1 . e ~jJuttu WJ4.,.I,..7JJ ~ Tarapani, Cyndi From: Sent: To: Campos, Geraldine Friday, November 08, 2002 6:07 PM Stone, Ralph; Tarapani, Cyndi; Wells, Wayne; Fierce, Lisa; Clayton, Gina; Owens, Reginald W.; Garriott, Kevin; Kronschnabl, Jeff; Dougall-Sides, Leslie; Akin, Pam; Kephart, Richard; Quillen, Michael; Arasteh, Mahshid; Bertels, Paul; Williams, Dewey; Hays, Robert; Colbert, Joseph; Kurtz, Timothy M.; Walton, Sharon; Green, Anne Harriger, Sandy Clearwater Sidewalk Cafe Ordinance--Draft for Comments/Discussion Cc: Subject: Hi all: As you are probably aware, our current Community Development Code does not address outdoor seating in the right of way (sidewalk cafes) in an effective way. As we near completion of the Mandalay Streetscape and as more restaurants gear up for the Spring Break period, we wanted to have a Sidewalk Cafe Ordinance in place to respond to this need in Downtown and at the Beach. As a first step, I have prepared a draft ordinance, attached, that lays out the guidelines and standards for comments and discussion. I used as a base for this ordinance the development order that Wayne Wells completed for outdoor seating on Cleveland Street and ordinances from S1. Pete, Tampa, F1. Lauderdale, and Winter Park. I also met with Leslie Dougall-Sides to make sure I captured the most important elements. During the following week, I would appreciate it if you could review and send me any comments on the draft. The next step will be to schedule a meeting (before Thanksgiving) to discuss the main elements and any issues/questions on the draft (some of these items are bolded throughout the document). If appropriate, we would like the ordinance to go before the Community Development Board on Dec. 17,2002 and the City Commission on Jan 23, 2003. Please let me know if you have any questions. Thank you, Geri Campos -~, 1iI~' ~Iearwater Sidewalk cafe ordin... Geraldine Campos Assistant Director of Community Redevelopment City of Clearwater (727) 562-4023 (727) 562-4075 Fax gcampos@clearwater-fl.com 1