Burlington Council Unanimously Approves Extending Temporary Outdoor Patios Bylaw

Committee & Council Meetings
Written By

*ADMINISTRATOR'S NOTE: Updated on March 11, 2022 with news release issued by the City of Burlington. Please see further down this post.

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MY TAKE:Our hospitality and service sectors have felt the brunt of the negative effects of this pandemic, and we’re told their recovery may take 5-7 years. Hopefully, the worst days are behind us, but our local restaurants still need support in their recovery in the meantime. The fee waiver and lower insurance requirement is one step we can take to help foster economic recovery. We also heard from members of the business community that they are interested to convene a working group to look at how we can work together to help everyone get back on their feet.

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At a Special Council meeting on Tuesday, March 1, Burlington City Council unanimously approved extending our temporary outdoor patio bylaw program for public lands to Oct. 31, 2022 and for private property to Jan. 1, 2023, in order to continue supporting our local restaurants in their recovery from the negative effects of the COVID-19 pandemic.Click the links below for the staff report and presentation:

In addition, Ward 1 Counc. Kelvin Galbraith and I brought forward the below amendments to the main staff direction motion that were unanimously approved by Council:

  • Amend report PL-08-22:
    • require patio operators to provide liability insurance for public property patios in the amount of $2 million, naming the city as an additional insured on the policy
    • waive the proposed "fixed fee" of $250 for installations on public property for the 2022 patio season

Main staff direction motion:

  • Approve By-law 2020.438, to extend the period of time for which the Temporary Use By-law 2020.427 is authorized, attached as appendix A to community planning department report PL-08-22; andWaive the fees and requirements for site plan approval and zoning clearance certificate for temporary outdoor patios and temporary tents (structures) on private property until January 1, 2023, and on public lands until October 31, 2022; andAuthorize the Director of Community Planning, to approve the extension of temporary outdoor patios on private property to January 1, 2023, subject to such criteria and conditions as staff deem appropriate; andAuthorize the Director of Community Planning to grant or revoke such approvals, consents, agreements or other authorizations and take such other steps as may be required to give effect to the recommendations herein; andSuspend the Pop-Up Patio Program for downtown Burlington in 2022; andDirect the Director of Community Planning to initiate an application process to implement a plan for the use of public lands downtown for temporary patios; andAuthorize the Director of Community Planning in consultation with the Director of Transportation, to approve temporary patios on public lands in downtown Burlington, subject to such criteria and conditions as staff deem appropriate; andAuthorize the Executive Director of Legal Services and Corporation Counsel, working in consultation with the Director of Community Planning, to approve license agreements or such other agreements or documents as may be required to permit the temporary use of public lands for approved temporary patios; andApprove By-law XX-2022, to authorize the Director of Transportation to temporarily restrict the common law right of passage for vehicles over certain portions of streets within downtown Burlington to facilitate the installation of temporary patios and create safe pedestrian passage ways, attached as appendix B to community planning department report PL-08-22; andDirect the Chief Financial Officer to apply the costs associated with creating safe pedestrian passage ways around patios on public lands to the Safe Restart Program should additional funding be received and that should additional funding not be received that the Tax Rate Stabilization Reserve Fund be used to cover the cost in 2022; andEndorse that approvals for any temporary patios on public lands as contemplated in community planning report PL-08-22 shall expire no later than October 31, 2022.

RELATED LINKS:

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CITY OF BURLINGTON NEWS RELEASE

Spring and Summer Temporary Patios: Burlington City Council approves streamlined approval process

Burlington, Ont.— March 11, 2022 — At a Special Meeting of Council on Tuesday, March 1, Burlington City Council approved a start date of April 15, 2021 for the temporary patio program. Council also approved expediting the approval process for 2021 temporary patio permit holders to allow their permits to be renewed this year based on their 2021 patio approvals. Application fees for the 2022 temporary patio program are being waived once again to help businesses recover from the COVID-19 pandemic.

Applications for the 2022 temporary patio program are being accepted until Friday, April 1, 2022. Business owners/operators that would like to install a temporary patio during the 2022 patio season are encouraged to apply as soon as possible. Applications will still be accepted after this deadline but may take longer to approve.City staff are committed to reviewing temporary patio program applications and working collaboratively with applicants to help local restaurants and businesses understand how they can safely operate an outdoor patio during the 2022 patio season.For more information, visit burlington.ca/patios or contact the City’s Special Business Area Coordinator: Samantha.Romlewski@burlington.ca 905-335-7600, ext. 7402.

"It’s been a long winter and many are eagerly awaiting patio season, especially our local businesses. The City of Burlington team is committed to working with interested businesses on a case-by-case basis to do what we can to support restaurant operators in their recovery as part of the City’s response to the COVID-19 pandemic as we work towards a new normal.I urge owners who are considering adding a patio for the spring, summer or fall season, to submit their application as soon as possible so staff can work with them on a mutual solution. Our goal is to support our local businesses by turning around their patio permit applications as quickly as we can." -- Mark Simeoni, Director of Community Planning, City of Burlington

Links and Resources:

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