By Pepper Parr

April 20, 2016

BURLINGTON, ON

It made slipping downtown for lunch an experience – it was what the Downtown Business Association saw as oxygen for the core of the city – the Test Kitchen was the place to be – you needed a reservation much of the time

The prices were almost too good to be true – turned out it wasn’t true – the owner shut the two Test Kitchen locations down quite quickly and can’t, apprently, be found.

Those $10 lunches – beverage included may have been a mistake – it was worth $15 at least – and perhaps whoever occupies the space this season will come up with a better business model.

They call them Pop Ups – a locale that just pops out of almost nowhere. It expands the capacity for the restaurant and it has a sense of being outside and yet private. The Test Kitchen was the place to be – then it disappeared. Financial problems?

It was the idea that took hold – the place had a buzz to it. There were several counters where you got squeezed in with other people and you didn’t mind. The servers were superb – the presentation was pure New York, New York – and those prices. The portions were small – which was probably in the best interest of most of us.

Pop Up locations were a good idea and the city I going to ride that band wagon as far as it can – with rules and regulations of course – this is being run by city hall.

Council wants to:
Authorize the Director of Planning and Building to approve pop-up patios within the downtown based on the evaluation criteria; and amend the Licensing Agreement to include conditions related to securities, signage and removal protocol.

Inside the Pop Up – held 21 tables.

The Test Kitchen operated a seasonal “pop-up” patio on two on-street parking spaces in front of their business from May to October 2015. Then they disappeared.

The patio was full of patrons from Monday to Friday during the lunch hour period, it created a buzz in the downtown and was successful in animating the downtown, added more “feet on the street” and there were no safety incidents nor formal complaints reported to staff.

Staff, with input from the BDBA is of the opinion that there are approximately 17 restaurants in the downtown that are able to satisfy the requirements for a pop-up patio.
Despite the evident success, the BDBA survey of those 17 restaurant owners/operators in late Spring 2015 found no existing restaurant owners/operators interested in constructing a pop-up patio in the near future.
So much for the entrepreneurial spirit and perhaps the most telling point in trying to understand why downtown is so dull. The late Jane Irwin once described the city as “Borington”

Staff has identified three issues to be addressed for future pop-up patios:

1) Securities should be collected prior to the operation of the pop-up patio in case any City property is damaged during construction, operation or removal of the pop-up patio;
2) Signage limitations on the exterior of the pop-up patio (e.g. no product advertising); and
3) Requirement for pop-up patio to be removed on date set out in the By-law or else RPM to remove pop-up patio and invoice the restaurant owner/operator for the removal costs or draw on securities.

That securities problem suggests the city got stiffed by the owners of the Test Kitchen

Staff is only aware of two downtown businesses interested in a pop-up patio for the Summer of 2016.

Interesting graphic – it does show the location for two restaurants interested in creating a Pop Up – what is also interesting is that green line around city hall. Dos the city not own the property in the lower left corner?

Staff is proposing to create a formalized application process for pop-up patios and sidewalk patios beginning in 2017. This process would include a deadline for applications, an internal staff circulation, licensing agreements, application approvals and inspections once the sidewalk and pop-up patios have been built. Staff will bring a report to Council outlining this process by Q4 2016.
Future pop-up patios will be asked for a $1,500 security.

Pop-up Patio Evaluation Criteria
Location Criteria
Applications for a maximum of 10 pop-up patios in the downtown will be considered in the context of following criteria:

– Permitted only on street with existing on-street parking
– Permitted only on sites that have inadequate space to construct a conventional sidewalk patio while maintaining a minimum 2 m clear path
– Permitted only where the pop-up patio can be located directly in front of the business
– Must be located at least one parking space away from an intersection
– Proposals will be assessed in accordance with vehicle volumes, sightlines and visibility to the satisfaction of the Director of Transportation
– Proposals must not obstruct underground utility access, electrical transformer vaults, utility boxes, parking meters, loading zones, transit stops and other infrastructure
– Proposal must avoid conflicts with existing pedestrian crossings Design Standards
– Proposals must have a flush transition at the sidewalk and curb to permit easy access and avoid tripping hazards
– The sub-structure must accommodate the crown of the road and provide a level surface for the patio
– Proposals must have a slip-resistant surface
– Proposals must be designed for 100 pounds per square foot
– Patio, including entrances, must meet accessible design standards
– Gates must swing in to the patio space and not obstruct the sidewalk
– Fending to define the space and be capable of withstanding at least 200 feet of horizontal force
– Proposal must have vertical elements that make them visible to traffic, such as flexible posts, bollards or landscape planters
– No umbrellas or other treatments can extend into the sidewalk or travelled portion of the road
– Patios must be buffered using a wheel stop at a desired distance of 4 feet from the patio to ensure visibility to moving traffic and parking cars
– The patio must provide a 30 cm buffer between the fenced edge and the limit of the parking space
– Lighting and signage will be subject to review and will be designed and installed in such a way as to not create a visual or physical distraction to travelling public in the sidewalk or road.

The folks as Joel’s sounded as if they liked the idea – they said: “While we are in support of the concept and of our neighbour’s business operations and the draw that Test Kitchen has to downtown, the patio had its strengths and its downfalls.  We monitored its traffic and listened to the feedback of downtown customers. Losing parking spots has to be weighed out with maximum productivity. There were many times that the patio sat empty.

“Our compromise would be that such patios could open for Sound of Music Festival weekend, with respect of positioning as to not block traffic to the traditional sidewalk sale activities that occur at this time. We would also advise that the patios close directly after RibFest and not be extended in to the month of October.”

Admittedly there as no snow – but that really wasn’t a good enough excuse to do nothing to decorate a store front during the Christmas Season. This was the store front that forgot Christmas was here last December.

The Gazette would like to see Joel’s do a lot more to animate Brant Street during the Christmas season. The past two years they did basically nothing.

The people at Structured Creations, a couple of doors south of the Test Kitchen said:

• The patio was well used and had no negative impacts to business
• The patio created a buzz in the area around their office; people were interested in looking into what they do; it led to approximately 100 people per day looking at the office
• They also used the patio often after finishing work with clients or contractors to go for a bite on the patio
• They had no issue with the patio taking up two parking spaces; clients and contractors came by frequently, but they would park up or down the street and walk; did not receive any complaints about parking and had no issue with the arrangement
• They support the pop-up patio in that location and additional ones on Brant Street
• They suggest future pop-up patios be designed the way the pilot pop-up patio was designed; the patio was tastefully done, with no banners or signage
• There should not be any signage or banners on pop-up patios
• For safety reasons, future pop-up patios should have a concrete abutment because the patio is right up against the road.

City council will give the final word at its May 9th meeting. This will be a go.