Patios allowed this year, reviewed in fall

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Businesses will be allowed to set up patios this summer after Clearview council opted to further investigate possible “tweaks” to the On-Street/ Sidewalk Patio Guideline and Policy, instead of repealing it.

A motion to repeal the policy was tabled by Creemore area councillor Robert McArthur, which resulted in opposition from the Creemore BIA and wider community. BIA representatives – two of which had the only two bump-out style patios in the township last summer – felt the decision was being made too close to patio season, from May 15 to Oct. 15, and that a lack of any policy would cause more problems and return to the “wild west” situation of pre-pandemic patios on Mill Street.

Last summer, two patios were established on Mill Street, one at Chez Michel and one at Bank Café, each taking up parking spaces in front of the restaurants.

The BIA presented council with the results of a survey conducted this past week after being blindsided by the proposed change, which was initially scheduled for a vote on March 27, but was postponed until April 3.

Of 632 anonymous respondents, 84 per cent said they dined on a patio in Creemore in 2022, and 86 per cent said they plan on dining on a patio in Creemore in 2023. Eighty-seven per cent said they feel patios have an extremely positive or positive impact on Creemore’s economy.

For the most part, the survey shows parking is less of a concern than the flow of vehicular and pedestrian traffic.

Council endorsed the On-Street Patio Policy on Sept. 12 after directing staff to investigate the implementation of a policy relating to on-street seasonal patios in the downtown cores. As a result of the easing of pandemic dining restrictions, council had an appetite to make patios a permanent option for restaurants. The new policy addressed some of the concerns by increasing the setback from the centre of the road to leave an additional half metre for vehicle traffic and requires that sidewalks and engineer-certified pedestrian bypasses be 1.5 metres wide, and be fully compliant with the Accessibility for Ontarians with Disabilities Act (AODA). The new policy has yet to be implemented because the application deadline for patio permits is April 15, and last year’s patios were not governed by the new policy.

McArthur said he heard concerns about patios while on the campaign trail but started to take it more seriously when he heard complaints from a business owners in Creemore.

“I’d like to say I’m speaking for the silent minority here tonight,” said McArthur. “There’s many comments on your survey that of course aren’t exposed here tonight on the concerns of traffic. I know they’re not the majority but I still think there was enough of them to warrant a further discussion on this… My main objective is to repeal the policy now as it is written just so that we can get discussions going on how to make patios, or some description thereof, work for everybody.”

“My concerns with the patios are really something that can be massaged and worked out,” said Councillor Robert Walker, who as a member of the accessibility committee, said he wants to make sure patios are safe and AODA compliant.

Although councillors seemed to be amenable to finding compromise within the context of the policy, the discussion veered toward limiting patios to the sidewalks, as proposed by Deputy Mayor Paul Van Staveren, but some councillors felt that would be a return to pre-pandemic practices.

Both Chez Michel and Bank Café had sidewalk patios/seating prior to the pandemic and the adoption of the new policy.

“I drive through town all the time, usually just in and out for supplies, and I didn’t realize that there was patios pre-Covid as to speak so I think I can accept Van Staveren’s recommendation,” said McArthur.

It was BIA council representative John Broderick who moved that the motion be referred back to staff for review in the fall.

“I would like to see the patios continue as they are for the summer and then we revisit this in the fall,” said Broderick, who also reiterated the BIA’s position that patios attract tourists, contributing to economic development in Creemore’s downtown, and create employment.

Councillor Phyllis Dineen seconded the motion but said she doesn’t think the sidewalk bypasses should be allowed, for safety reasons.

“I don’t like the pedestrians going out on the road and around the patio when there is an actual sidewalk.

That’s what I’m having trouble with. That sidewalk should be clear for people to transverse up and down the street.”

Councillor Marty Beelen said he believes the big issue is how far the patio juts into the street, and is not as concerned about the loss of parking spaces or where the walkway is situated.

“The way the policy reads today is not what was in place for the last two years,” said deputy director of public works Dan Perreault, adding that the additional half metre of clearance is a requirement of the new policy, increasing the travelled lane width to four metres, to mirror the policies of other municipalities.

“Dan that’s frankly new information because I felt that the policy that we passed in 2022 was reflective of what we were seeing on the street in 2022. I’m really glad that we’re having this discussion. Thank you Councillor McArthur for bringing it up and I apologize that it appears your motion is being obliterated but we’re getting there as a council to work together so that’s important to me,” said Mayor Doug Measures. “I also want to acknowledge my earlier comments tonight. I don’t want anybody to think that I am being aggressive or mean or anything, because I have to work with people from all over the township, most of all the development community who can be really, really frustrating to work with and we’ll hear more about that later on. I want you to know that our whole council looks after Clearview Township and hears from the people of Clearview Township. That’s who we are and that’s why we’re up here.”

The comments were in response to the public participation period of the meeting when the BIA was questioned as to the procedure they followed to send out the survey.

Treasurer Sara Hershoff said, because of tight timelines, the BIA compiled a survey specifically about Creemore and shared it on social media. The mayor was critical of the scope and went on to say that the survey’s comments actually support the removal of patios.

“I would encourage business owners in Creemore to really consider that the business in your community should have (sic) reflective of businesses and the people around our community who use the facilities and use the services,” said Measures.

The motion, “to refer the On- Street/Sidewalk Patio Guideline and Policy to staff for review regarding accessibility, safety of pedestrians, workers and traffic, and that a report be brought back to council in the fall of 2023 outlining how these items can be better addressed in the policy, identify any proposed amendments, and that the current policy remain in place until further review,” was supported by all members of council except McArthur and Walker.

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