The View from Ward 2: Issue #20

Outdoor Dining Resolution Passed

Last Thursday evening, at a Special Council Meeting, City Council unanimously passed Resolution No. 2020-31, authorizing the Planning Commission to grant temporary conditional use permits for outdoor/seasonal dining facilities during this state of emergency to qualifying applicants.

The intent of the resolution is to allow bars and restaurants to expand their outdoor dining areas to allow for more room for social distancing. The thought is that adding more space will allow the restaurant to serve a similar amount of people they typically serve, while providing the required 6 feet distance between seating areas.

To understand the impact of the resolution it is important to understand the normal process for bars and restaurants to obtain conditional use permits for outdoor dining. Typically, for a restaurant to obtain a conditional use permit for outdoor dining they must apply and get approval from the Planning Commission. Additionally, the Architectural Board of Review must approve all design plans. The Planning Commission uses Lakewood Codified Ordinances 1161.03 SUPPLEMENTAL REGULATIONS FOR SPECIFIC USES and 1129.13 1129.13 SUPPLEMENTAL REGULATIONS FOR OUTDOOR/SEASONAL DINING FACILITY when determining if an applicant should receive a permit. The Planning Commission is also free to add any conditions that it deems appropriate. All applications are heard at a public meeting where residents can voice their concerns.

The resolution allows the Planning Commission to waive any of the requirements contained in Lakewood Codified Ordinances 1161.03 and 1129.13 but only if the Planning Commission finds that by a two thirds vote that the waiving of the requirement will not cause substantial harm to the health and safety of the public and is in accordance with the Community Vision. For instance, 1161.03(t) requires that the outdoor dining area is directly adjacent to the restaurant. If an applicant would like to have outdoor dining in an area that is not directly adjacent to its restaurant, like in a parking lot, then she would have to provide a plan and ask the Planning Commission to waive the requirement. The Planning Commission can approve that plan only if two thirds of the members present vote and agree that waiving that requirements will not cause substantial harm to the health and safety of the public and is in accordance with the Community Vision.

The resolution also creates added protections for residents. For one, no entertainment or speakers are permitted in these areas, they cannot be in use after 10:00pm, and if there is a temporary or permanent structure being proposed then the Planning Commission must obtain an opinion from the appropriate safety department, Building Department and/or City Engineer.

The resolution does not give carte blanche to business to start putting tables on the street or to shut down streets as they see fit. There is a transparent and open approval process through the Planning Commission that applicants still must go through to receive a conditional use permit under this resolution. Additionally, the permit is only valid until October 31st or when the state of emergency is over, whichever is first.

I drafted the resolution in a way that allows applicants to get as creative as they can and for the Planning Commission to allow for creative solutions as long as they find that it will not cause harm to the health and safety of the public. I am excited to see the innovative ideas that our local businesses create.

To gain a better understanding of the deliberative process that Council engaged in that lead to the passing of this resolution I encourage you view last Monday’s Council Meeting, last Tuesday’s Housing, Planning, & Development Committee, and last Thursday’s Special Council Meeting. This resolution was thoroughly discussed during all three meeting and included input from the Fire Chief, Chief of Police, business owners, and residents that chose to participate. I think you will find that the resolution was debated at length and improved throughout those meetings.

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Parklets

A previous version of this resolution contained specific language regarding parklets. Parklets are “public seating platforms that convert curbside parking spaces into vibrant community spaces. Also known as street seats or curbside seating, parklets are the product of a partnership between the city and local businesses, residents, or neighborhood associations. Most parklets have a distinctive design that incorporates seating, greenery, and/or bike racks and accommodate unmet demand for public space on thriving neighborhood retail streets or commercial areas.” City Council voted 4-3 to remove that language. The purpose of that language was to signal that as a city we are interested in exploring the concept of parklets. Members that wanted to remove the language believed that the City was not ready to review such requests and did not want restaurants to spend too much time or resources creating plans. Applicants can still request a parklet under this resolution. Again, it is up to the Planning Commission to approve or deny such a request.

I will note that the Administration and all of Council is interested in exploring and creating guidelines for parklets. The Housing, Planning, and Development Committee will be holding a meeting about parklets this Wednesday at 5:30pm. You can join the meeting by going to https://global.gotomeeting.com/join/154343597 and you can provide comments by going to http://www.onelakewood.com/councilvideos/.

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Exploration of Temporary Street Closures

At last Monday’s Council Meeting, I presented a letter, signed by all my colleagues and me, requesting that Mayor George identify areas that can be temporarily closed to vehicle traffic. Closing suitable locations to vehicle traffic can create more space for people to enjoy the outdoors, allow restaurants to expand service while maintaining social distancing, and make Lakewood a more accessible and walkable city for all.

We can make some streets restricted to local and emergency vehicle traffic only, like we do with block parties, or we can create smaller districts that are blocked off in the evenings on certain days. Safety is our number one priority and I am confident that Mayor George and her team can come up with some excellent proposals.

If you are curious about how this works in other cities, please read this article from the Washington Post: Cities are closing streets to make way for restaurants and pedestrians.

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Hayes Elementary Adopt-a-Spot

Last weekend, Michelle and I participated in Hayes Elementary’s Adopt-a-Spot program. Through the program, families and students plant flowers in the parking lot of Hayes Elementary. The flowers were generously donated by the Bilyk Family, the owners of Lakewood Garden Center, and numerous families have volunteered to be a part of the Watering Team, which will have all the flowers looking beautiful all summer long!

Special thanks to Mia and Al Yost who are spearheading this effort. There may be spots still available! If you are interested, please e-mail Mia Yost at miayost@gmail.com.

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