AI-1728       18.       
Work Session and Regular Meeting
Meeting Date: 07/12/2016  
Department: Public Works
AGENDA CAPTION:

Hold A Public Hearing, Discussion And Consider Action On An Ordinance Rezoning The Property Located At The Astoria Caffe 15701 Quorum Drive, On The Northwest Corner Of Morris Avenue and Quorum Drive, Which Is Currently Zoned UC, Urban Center, By Amending An Existing Special Use Permit For A Restaurant And An Existing Special Use Permit For The Sale Of Alcoholic Beverages For On-Premises Consumption Only In Order to Approve A Revised Site Plan Including An Outdoor Patio. Case 1723-SUP/Astoria Caffe.
BACKGROUND:
Astoria Caffe is requesting formal permission to expand their patio from what is currently allowed in the 2007 Special Use Permit (SUP). In 2007, the original SUP for the former restaurant on that site was amended for Astoria Caffe to allow the sale of alcoholic beverages for on-premises consumption and to allow for outdoor seating of up to four tables with seating for 10.  Since that time, the outdoor seating has gradually expanded and the number of tables and chairs is significantly beyond what is shown in the current SUP.  This expansion was done without formal approval from the Town.  Last summer, Town staff received complaints that the sidewalk was being blocked by Astoria’s patio furniture and pedestrians felt uncomfortable walking through what appeared to be part of the restaurant.  Upon further investigation, it was determined that not only was the patio not in compliance with the approved site plan, but also, the patio had expanded off of private property and into the public right-of-way (sidewalk), and that portions of the required ADA accessible pathway were being blocked.  Astoria has requested to be granted a License Agreement to allow them to use a portion of the public right-of-way and this is the subject of another Council action.  There is still, however, the requirement for a zoning determination to amend the Special Use Permit and site plan.
 
At the Planning and Zoning Commission’s meeting on June 21, Ms. Elena Arsova, representing Astoria Caffe, made a presentation related to the restaurant’s desire to amend the site plan to allow seating for up to 74 seats.  She stated that the restaurant does not intend to seat that many patrons all of the time but wants the flexibility to do so during peak hours and the Town’s special events.  She spoke about the restaurant’s commitment to make sure that they were not encroaching on the public portion of the sidewalk and that they have in place contracts with their employees holding them responsible for doing so. 

Staff expressed concern that Astoria's proposal of 74 seats was too much for the size of the patio and stated that the proposed plan would necessitate continual oversight to make sure that the sidewalk remains unobstructed and, in staff's opinion, will very likely result in violations. Staff recommended that the number of seats be reduced to no more than 65 and identified two areas specifically where seating should be removed. Staff explained that Astoria could request additional seating for Special Events through the Town's special event permitting process.

The Commission voted unanimously to recommend approval of Astoria's request without the seating limitations proposed by Town staff, but to maintain staff’s recommended condition that should the license agreement for the use of the public right-of-way be terminated, then the site plan would automatically be reduced to encompass only the area on private property.  Also, should the license agreement for the use of the public right-of-way be adjusted to reduce the area available for private use, then the site plan is automatically adjusted to encompass that new licensed area. In either scenario, the patio furnishings would then be reduced accordingly as approved by the Town’s Zoning Administrator.
RECOMMENDATION:
Administration recommends approval subject to the four conditions listed in the staff report:
  • The applicant shall revise the site plan to limit the number of seats to no more than 65.
  • The single table with two chairs between the sidewalk and street curb shall be removed from the site plan.
  • The grouping of four tables with two chairs each between the sidewalk and street curb be reduced to a maximum of three tables with two chairs each.
  • Should the license agreement for the use of the public right-of-way be terminated, then the site plan is automatically reduced to encompass only the area on private property. Should the license agreement for the use of the public right-of-way be adjusted to reduce the area available for private use, then the site plan is automatically adjusted to encompass the new licensed area. In either scenario, the patio furnishings shall be reduced accordingly as approved by the Town’s Zoning Administrator.
Staff continued to believe that it is very likely that the proposed site plan will result in encroachments in the public sidewalk. The Council has stated through the adoption of the license agreement policy that a five foot wide sidewalk must be maintained at all times. Given the density that is being proposed, staff will need to frequently monitor this area for compliance to ensure that the sidewalk remains clear. This will be difficult from an operational standpoint because the times of peak use are during the nights and weekends when staff is not working. While the possibility of encroachment cannot be eliminated entirely, lowering the number of seats by 9 would allow additional flexibility within the patio areas and reduce the likelihood of encroachment. This would relieve the need for strict and frequent oversight of the area by staff.
 
Attachments
1723-SUP Staff Report
Ordinance