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5A - 2nd Rdg Ord 8517 Outdoor DiningOutdoor Dining Pilot Program City Council Meeting 6.21.22 Agenda •Background •Questions for Council •Pilot Program Overview •Proposed Ordinance 8517 •Next Steps •Questions & Discussion Background •May 2020 •The city created the Boulder Business Recovery Program (BBRP) enabling businesses to expand outside to help offset indoor capacity limits •West End closed to vehicle traffic •Re-routed HOP •Implemented curbside pick-up zones •October 2020 •City extended program to include winter provisions •September 2021 •Agenda Item exploring extension of emergency orders through April 30,2021,and future state of outdoor dining •Emergency orders extended •Downtown Pilot Program exploration supported Background •February 2022 •Information Item exploring DBP Downtown outdoor dining pilot proposal •Information item generated several questions and concerns from many stakeholders •March 2022 •ARPA $250K approved as part of Business Recovery proposal •Emergency orders extended through August 31, 2022 •April 2022 •April 19th, council provided direction to move forward with an outdoor dining pilot program •June 2022 •1st and 2nd reading of proposed ordinance changes to establish 5-year pilot program Questions for Council •Does council have any questions about the proposed Pilot Program Rules? •Does council have any questions about next steps? Pilot Program Overview •Considerations •Scope •Eligibility •Approved Infrastructure •Fees •Subsidies •Application Process •Regulatory Considerations Considerations •Safety –The level to which all people can access destinations and enjoy their use of the public ROW and outdoor dining infrastructure without any threat to life or limb. •Accessibility –The level to which all people can easily reach desired destinations with unobstructed access within the public ROW regardless of purpose, transportation mode, or ability. •Equity –The level to which the city can reasonably facilitate an equal playing field among all businesses as well as other legitimate uses of the public ROW. •Operations –The level to which staff and facility resources are impacted relative to pre-pandemic conditions. Scope •Citywide •5-year program (year-round) •September 1, 2022 –October 31, 2027 •Public right of way •On-Street Parking •Pearl Street Mall •Sidewalks and other open spaces •Private Property •Parking •Other open spaces Eligible Businesses •Restaurants •Brewpubs •Taverns •Wineries •Distilleries that have available public right of way or private property within 150 feet of their entrances or directly fronting the building they are located within Approved Infrastructure •Minimum Requirements: •500 square feet maximum (100 square feet minimum) •Steel planter boxes (filled) forming a continuous barrier along the street side parklet railing, with no gaps larger than 18 inches between each planter box (if adjacent to designated traffic lanes) •3-foot surrounding barrier height minimum (4-foot maximum) •No vertical elements may extend beyond barrier except for umbrellas, propane heaters, and/or support elements for shading & planters •Modular •Alcohol licensing compliant •No closed in structures or roofs •No electrical components allowed •Accessible Pre-Reviewed Vendors •Request for Proposal process •Approved Vendor List •City Bulk Purchase: Fall 2022 •Pre-reviewed Vendors •ModStreet •Western Precision Manufacturing, LLC* •Archatrak* * Applicant planter boxes need review Fee Schedule Application Fee (annual)​Initial Application Fee: $650 Resubmittal within four weeks of initial submission: $325​ Renewal: $113​ Revocable ROW Permit Fee (annual) On-Mall: $18.76/sq ft​ Off-Mall: $13.13/ sq ft​ Outdoor Dining Pilot Program Infrastructure Fee (annual)​ On-Mall: $16.25/sq ft​ Off-Mall: $21.87/ sq ft​ Liquor License Fee​City Liquor Application: $50 State Liquor Licensing Fee: $300 Subsidy Option A* –Public Right of Way Pilot Program compliant infrastructure as determined by the city, purchased individually by eligible businesses Eligible businesses reimbursed a portion of the infrastructure costs (up to $2,500) Option B –Public Right of Way Pilot Program compliant infrastructure purchased in bulk by city and leased to eligible businesses for 5 years Eligible business permit reflects up to 50% discount on infrastructure cost + $50 city and state liquor licensing fees (if alcohol service will occur in outdoor service areas) Option C*–Private Property Pilot Program compliant infrastructure as determined by city, purchased individually by eligible businesses Eligible businesses reimbursed a portion of infrastructure costs (up to $2,500) *Eligible businesses requesting this subsidy must be able to provide evidence they have invested private funds for outdoor dining infrastructure prior to the Pilot Program commencement. Application Process Prepare Materials •Survey (or accurately dimensioned site plan) •Proposed outdoor expansion area diagram (accurately dimensioned) •Certificate of insurance •Proof of ownership from landlord •Landlord agreement letter for use of property •Contact information for property owner and tenant •Proof of authorization to bind on behalf of owner and tenant Submit Online Application •Fill out application online •Upload documents •Upon successful upload applicant will receive confirmation email Watch for Email Updates •Applicant will receive email updates for the following reasons: •Additional information is required •Application fee is ready for payment •Permit ready for signature •Permit recorded •Annual permit payment due Permit Prepared •Staff will prepare permit for signature •Both the property owner and tenant are required to sign the permit •Your initial annual permit payment will be available to pay at this time Apply for Liquor License Proposed Ordinance 8517 •Provides the framework for the Pilot Program -temporarily waives certain code requirements to allow for outdoor seating and sets forth fees •Detailed requirements of the program are in the Pilot Program Guidelines being proposed for implementation as a City Manager Rule •Automatically expires at the end of the 5-year term unless council extends it by ordinance. •Adopt by emergency to ensure that the Pilot Program is up and running prior to the expiration of emergency order 2020-18 Communication Strategy •Press Release •Website landing page update •Email notification to all current permit holders •City newsletters •Work with DBP and Boulder Chamber to notify all eligible businesses of the pilot program Next Steps •Ordinance Adopted by Emergency: June 21, 2022 •Application Period •Initial application: June 27, 2022 –July 15, 2022 •Transition Period •Phase I: July 16 –August 31, 2022 •Participating businesses: Reduce extension footprint to permitted space •Non-participating businesses: Remove extensions •Phase II: August 31 –October 31, 2022 •Participating businesses: Transition into modular infrastructure •Non-participating businesses: Fully returned to pre-pandemic operations •Annual Application Period:February 1 –March 1 Questions & Discussion Proposed Motion Language •“Motion to adopt on second reading by emergency measure Ordinance 8517 amending Chapters 8-6 and 4-20 of the Boulder Revised Code to allow for a five-year outdoor dining pilot program and setting forth applicable fees.” •“Public Right-Of-Way and Easement Encroachments, Revocable Permits, Lease and Vacations,” B.R.C. 1981, by adding a new Section 8-6-12, “Outdoor Seating in Public Rights-Of-Way and Private Property,” B.R.C. 1981, allowing for a five-year pilot program that waives certain code requirements and allows outdoor seating through issuance of city revocable permits, and amending Chapter 20, “Fees,” B.R.C. 1981, by amending Section 4-20-20, “Revocable Right Of Way Permit/Lease Application Fee” and adding a new Section 4-20-76, “Outdoor Seating Pilot Program Infrastructure Fee,” setting forth applicable fees associated with the five year pilot program; and setting forth related details.