File #: 18-0340    Version: 1
Type: information Status: Filed
File created: 4/2/2018 In control: Land Use & Environment Committee
Agenda date: 7/19/2018 Final action: 7/19/2018
Title: Alley and Right-of-Way Use
Title
Alley and Right-of-Way Use

Recommended Action
Committee Recommendation:
Not referred to a committee

City Manager Recommendation:
Receive information on alley and right-of-way use. Briefing only; No action requested at this time.

Report
Issue:
Whether to receive a briefing on the current approach to permitting private use of public alleys, sidewalks or other rights-of-way.

Staff Contact:
Rich Hoey, P.E., Public Works Director, 360.753.8495
Leonard Bauer, Deputy Director, Community Planning and Development, 360.753.8206

Presenter(s):
Rich Hoey, Public Works Director
Leonard Bauer, Deputy Director, CP&D

Background and Analysis:
Requests to use public right-of-way (ROW) for private commercial use have grown considerably in recent years, especially in downtown. Typically, these requests come from restaurants and bars that are interested in providing outdoor seating for patrons. In addition to the business benefit, the use of public right-of-way for these purposes typically adds to the vibrancy and safety of the downtown.

Given the limited space on City sidewalks, however, outdoor seating typically reduces available width for pedestrians. In some cases, this can create "pinch points" that make pedestrian accessibility challenging. This is an area of review in the City's permitting process.

The City also recently approved an ROW Use Agreement with Well 80 that allows for the private use of an alley adjacent to the restaurant/bar. City Council approved this use as a pilot project while the City considers other potential uses of alleys downtown.

Since many of the businesses serve alcohol in these outdoor seating areas, the State Liquor and Cannabis Board (LCB) sets rules regarding physical separation of the alcohol serving area from public space. In response to LCB requirements, many businesses have placed permanent railings or other year-round barriers around their seating areas. This results in outdoor seating areas that sit vac...

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