PC Board of Commissioners approve ordinances on sidewalk cafés and parklets
September 4, 2023 | Featured|HeadlinesPONCA CITY — The Ponca City Board of Commissioners conducted three public hearings during the Aug. 28 regular session including ones on sidewalk cafés and parklets.
An ordinance approving sidewalk cafés passed without opposition while an ordinance allowing parklets garnered some negative feedback before being passed.
The subject of sidewalk cafés was discussed first.
Development Director Chris Henderson told commissioners that there are currently two outside eating areas in the business district but that they are not consider sidewalk cafés. Henderson said there is usually a boundary such as a rod iron fence with a sidewalk café.
“They are very common and frankly we have had some inquiries from at least one merchant downtown who really has a good business and needs to explore a sidewalk café or a parklet,” said Henderson. “They have customers who like sitting outside and the ordinance before you is basically a template as to how a sidewalk café should be managed.”
He said that the key thing is that the sidewalks on Grand Ave. are not 12 feet in width and that the ordinance would allow a sidewalk café on a 10 foot sidewalk.
“It requires minimal insurance and doesn’t give the property owner any rights to the sidewalk,” he said.
Henderson said that The Main Street Board and the Planning Commission recommends approval of the ordinance.
“Again we don’t live in ideal conditions here in Ponca City for sidewalk cafés or even parklets, but they are very common in other parts of the country and if an entrepreneur wants to give that a shot, I think this is the tool to allow that opportunity,” he said.
Commissioners approved the ordinance which will amend Title 11, Chapter 5, Section 11-2-2 and Chapter 5, Section 11-5-1 B. 27 of the Code of Ponca City, providing for the definition of a “Sidewalk Café”, permitting the establishment of a sidewalk café as an accessory use in the Central Business District by special use permit; providing for standards and specifications; repealing ordinances in conflict; and providing for severability.
The ordinance states that eating and drinking establishments within the Central Business District are sometimes limited in seating capacity because of available floor area and limited use of upper floors and as such, cannot grow to accommodate customer demand for their services or products; nationally, the use of adjacent public space in front of such establishments, be it the sidewalk or nearby inset parking, is trending in many cities seeking to facilitate and support a vibrant downtown; and the use of the adjoining sidewalk as an extension of an eating or drinking establishment will increase customer sales and foot traffic in the immediately area, which is an overall economic benefit to the Central Business District.
The ordinance defines a “sidewalk café” as the use of a portion of a public sidewalk normally reserved for pedestrian travel as a place for patrons of an eating or drinking establishment on the adjacent lot to sit and consume their food and beverages.
The ordinance permits sidewalk cafes in the Central Business District as an accessory use to the eating and drinking establishments use category under the following conditions:
a A Special Use Permit is approved in accordance with section 11-17-4 of this title, which permit shall be particularly reviewed for conformance to the policies and safeguards established by this section. The applicant shall provide documentation of support from the Ponca City Main Street Board of Directors and at a minimum, two letters of support from property owners or business owners on the same block.
b No person shall establish, install, operate or maintain a Sidewalk Café without first obtaining a permit from the City of Ponca City. Any permit issued for the establishment of a Sidewalk Café shall be revocable by the City at will. The issuance of a Permit does not create a property right in the Permit Holder beyond what is specified in this section. A Permit is temporary in nature and can be revoked by the City for any reason.
c Sidewalk Cafes must be located adjacent to an operating eating and/or drinking establishment and cannot operate as a stand-alone business.
d The sidewalk to be occupied by a Sidewalk Café shall be a minimum width of ten feet, with a minimum of four feet in width maintained at all times for pedestrian travel.
e A Sidewalk Café shall not block access to any above-ground or surface-mounted utility facilities, including, but not limited to, manholes, sewer grates, storm drains, gas meters, valve boxes, electric meters, signal boxes, or other fixtures and appurtenances necessary for the operation of a utility system.
f Cooking, preparation and display of food or beverages within a Sidewalk Café is not permitted. This does not prohibit the use of a wait staff to serve customers.
g Sidewalk Cafes may be utilized year-round, but must be kept clean and clear of all leaves, snow, ice, trash, and debris.
h Heating or cooling devices are permitted but must not encroach upon the street or adjacent property.
i Free-standing umbrellas are permitted above the sidewalk if the opened portion of the umbrella is located at least eight feet above sidewalk grade.
j The use of speakers or other amplified sound equipment is prohibited within the established confines of a Sidewalk Café.
k The sale and consumption of Alcoholic beverages is permitted as regulated by local ordinance, State law, and the regulations of the ABLE (Alcoholic Beverage Laws Enforcement) Commission.
l A Sidewalk Café shall comply with the Americans with Disabilities Act of 1990, as amended (“ADA”) as well as the ADA accessibility requirements set forth in the Manual.
m The applicant shall provide and maintain a certificate of insurance evidencing current insurance general liability coverage with policy limits of not less than $1,000,000.00 of coverage per occurrence, covering claims for bodily injury, death, or property damage, including claims related to the Sidewalk Café area and the operation and use thereof, provided by an insurer authorized to transact insurance business in Oklahoma. The City of Ponca City shall be named as an additional insured. Each required insurance policy shall provide by endorsement that thirty days’ prior written notice of cancellation shall be delivered by the insurer to the City Clerk, except that ten days written notice of cancellation shall be provided by the insurer due to non-payment of premium. Permit holders shall furnish a replacement Certificate of Insurance to the City Clerk when any required insurance policy expires or is canceled, so that insurance coverage is continuous. All Certificates of Insurance forms submitted must be approved by the City Attorney. Failure by the permit holder to maintain the required insurance coverage is a violation of the conditions of approval of the Sidewalk Café permit and may result in consequences up to and including revocation of the permit.
PARKLETS
Commissioners then conducted a public hearing on parklets.
Henderson said that ordinances for parklets and sidewalk Cafés are similar.
“When it comes to a parklet we won’t accept that unless it is stamped by an architect or a structural engineer,” he said. “It is tricker doing that than it is a sidewalk café.” Henderson said the approval of Main Street and two property owners in the same block will be needed before one can be created.
Commissioner Kelsey Wagner asked if umbrellas can be a part of a parklet and Henderson said yes.
Commissioner Robert Bodick shared his thoughts on the subject before voting no on the ordinance.
“We passed an ordinance to limit parking to two-hours on Grand Ave. We are trying to re-adjust Grand to accommodate more parking because it is in more demand. I think our number one reason for being here as a commission is the safety of our people and I think putting this out for the entire business district is not good. I personally think we need to have some more conversation on this idea because I don’t think it is a safe idea to let them put these on Grand. You can make the argument that they are only going 20 miles an hour but there have been drivers who have taken out planters on Grand Ave. and as I think Commissioner Paul Taylor said (at a prior meeting) no one expected someone to drive through a parade in Stillwater. So I think we are opening ourselves up.”
Bodick said most parklets in Tulsa and other cities are on side streets.
Henderson said he debated about inserting a provision that would prevent parklets from being placed on Grand Ave. “I don’t know how I feel about that but I certainly understand where you are coming from,” said Henderson.
Mayor Homer Nicolson said that he personally sees it as a safety issue but that the responsibility will fall on the occupants. “It is up to them to determine what risk they want to take,” said Nicholson.
Wagner reminded everyone that the plans for parklets will be pending the approval of commissioners. “Yes you would have the final say of anything that is approved,” said Henderson. “And that is one of the reasons I did not take Grand Ave. out.”
Commissioner Garrett Bowers said he would love to see the day where he is worried about where he parks downtown. “Just because it is risky doesn’t mean it isn’t a good idea,” he said.
Business owner Kevin Emmons, addressed commissioners and said that he is opposed to the idea.
“We do have a parking issue and we have dealt with some complaints,” he said. “It is complaints by property owners and one of my concerns is that this is primarily brought to the commission without engagement of people such as myself. Obviously I have two business and I’m planning a third that could take advantage of this but I’m opposed to it.”
Emmons said that every parking space downtown is utilized when big events such as parades take place and that parklets would make it even more difficult to find parking. He said that his business, “Provisions” has outside seating that is used a total of four weeks a year. “Outside of that, people don’t sit outside in Ponca City,” he said. “At this time I don’t think it is necessary and matter of fact I think it would be detrimental at this time.”
Following Emmons comments, Nicholson, Bowers and Wagner voted to approve the ordinance; Bodick voted against the ordinance and commissioner Paul Taylor was not present. Wagner noted that she too sees parking as an issue and that a plan to increase parking is in the works.
The ordinance amends Title 11, Chapter 5, Section 11-2-2 And Chapter 5, Section 11-5-1 B. 27 of the Code of Ponca City, providing for the definition of a “Parklet”, permitting the use of a Parklet as an accessory use in the Central Business District by special use permit; providing for standards and specifications; repealing ordinances in conflict; and providing for severability.
The ordinance states that eating and drinking establishments within the Central Business District are sometimes limited in seating capacity because of available floor area and limited use of upper floors and as such, cannot grow to accommodate customer demand for their services or products; nationally, the use of adjacent public space in front of such establishments, be it the sidewalk or nearby inset parking, is trending in many cities seeking to facilitate and support a vibrant downtown; and the use of a Parklet can be an extension of an establishment onto public space to increase customer sales and foot traffic in the immediate area, which is an overall economic benefit to the Central Business District.
The ordinance defines a “parking area” as off street parking spaces, together with required associated driveways and landscaping; “Parklet” as a platform structure which occupies one or more on-street parking spaces that extends from the edge of the sidewalk and provides space for seating, tables and other amenities for patrons of the adjacent eating and/or drinking establishment; and “pedestrian floor area” as the total floor area within an enclosed building intended for use by the public.
The ordinance permits Parklets in the Central Business District as an accessory use to the eating and/or drinking establishments use category under the following conditions:
a A Special Use Permit is approved in accordance with section 11-17-4 of this title, which permit shall be particularly reviewed for conformance to the policies and safeguards established by this section. The applicant shall provide documentation of support from the Ponca City Main Street Board of Directors and at a minimum, two letters of support from property owners or business owners on the same block.
b No person shall construct, install, operate or maintain a Parklet without first obtaining a permit from the City of Ponca City. Any permit issued for the construction of a Parklet shall be revocable by the City at will. The issuance of a Permit does not create a property right in the Permit Holder beyond what is specified in this section. A Permit is temporary in nature and can be revoked by the City for any reason.
c Parklets must be located adjacent to an operating eating and/or drinking establishment and cannot operate as a stand-alone business.
d The applicant is required to submit sealed and stamped drawings and plans for the Parklet from an engineer or architect licensed in the State of Oklahoma. Compliance with all technical standards, including, but not limited to, structural integrity, design requirements imposed by this chapter or the manual, ADA compliance, and stormwater requirements are the responsibility of the design professional
e The Parklet platform must be designed and constructed so that the Parklet becomes an extension of the sidewalk. A maximum horizontal gap of one-half inch is permitted between the sidewalk and the Parklet platform. A Parklet must allow for two feet of space between the outside edge of the Parklet and any adjacent angled parking space. The outer edge of a Parklet, being the street-side edge, must be set back a minimum of twelve inches from the travel lane. The Parklet platform must be designed and constructed to support one hundred pounds per square foot. The Parklet platform cannot exceed a two percent cross-slope. The Parklet platform and frame must be designed to allow rainwater to flow along the curb without obstruction. The Parklet is required to have reflective elements at all outside corners. Only the sidewalk-facing side of a Parklet can be open to pedestrian access. Overhead design elements are permitted only when there are no overhead facilities in proximity to the Parklet and may require additional review and compliance with all applicable building codes.
f A Parklet shall not block access to any above-ground or surface-mounted utility facilities, including, but not limited to, manholes, sewer grates, storm drains, gas meters, valve boxes, electric meters, signal boxes, or other fixtures and appurtenances necessary for the operation of a utility system.
g Cooking and preparation of food or beverages within a Parklet is not permitted
h Parklets may be utilized year-round, but must be kept clean and clear of all leaves, snow, ice, trash, and debris.
i Heating or cooling devices are permitted within a Parklet but must not encroach on the street or sidewalk.
j Free-standing umbrellas are permitted within a Parklet and above the sidewalk if the opened portion of the umbrella is located at least eight feet above sidewalk grade.
k The use of wireless speakers or other amplified sound equipment is permitted within a Parklet. The use of wireless speakers and amplified sound may not exceed ninety decibels within the Parklet.
l Alcoholic beverages are permitted within Parklets as permitted by local ordinance, state law, and the regulations of the ABLE (Alcoholic Beverage Laws Enforcement) Commission.
m A Parklet, including a sidewalk extension, must comply with the Americans with Disabilities Act of 1990, as amended (“ADA”) as well as the ADA accessibility requirements set forth in the Manual.
n The applicant shall provide and maintain a certificate of insurance evidencing current insurance general liability coverage with policy limits of not less than $1,000,000.00 of coverage per occurrence, covering claims for bodily injury, death, or property damage, including claims related to the Parklet area and the operation and use thereof, provided by an insurer authorized to transact insurance business in Oklahoma. The City of Ponca City shall be named as an additional insured. Each required insurance policy shall provide by endorsement that thirty days’ prior written notice of cancellation shall be delivered by the insurer to the City Clerk, except that ten days written notice of cancellation shall be provided by the insurer due to non-payment of premium. Permit holders shall furnish a replacement Certificate of Insurance to the City Clerk when any required insurance policy expires or is canceled, so that insurance coverage is continuous. All Certificates of Insurance forms submitted must be approved by the City Attorney. Failure by the permit holder to maintain the required insurance coverage is a violation of the conditions of approval of the Parklet permit and may result in consequences up to and including revocation of the Parklet permit.
