FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #8.e.
MEETING DATE July 16, 2025
PREPARED FOR Mayor and Town Council
PREPARED BY Jeffrey S. Beiswenger, AICP, Planning & Building Services Director SUBJECT Receive Status Report of the Fairfax Parklet Program
RECOMMENDATION
Staff recommends that the Town Council receive the status report for the Fairfax parklet program.
BACKGROUND
In June of 2020, the Town began allowing outdoor dining and retail uses in response to COVID-19 restrictions, via temporary encroachment permits (TEPs) for businesses needing to use the public right of way, and temporary use permits (TUPs) for businesses using their own outdoor private spaces. Due to the interim and emergency nature of these TEPs and TUPs, requirements for businesses engaging in outdoor dining and retail uses were minimal and variable, and there was no fee associated with the program.
In 2022, Town residents and local business owners, expressed support for making permanent the Town’s commercial outdoor parklet program. Fees were established, the municipal code was amended and additional guidelines and permitting requirements were established to clarify and simplify the standards for authorized outdoor dining and retail uses.
In 2022, the following ordinances and resolutions were adopted by the Town Council:
• Resolution 22-82. Established fees for parklet program. • Resolution 22-69. Established parklet standards.
• Ordinance 868. Amended the zoning ordinance to allow for parklets in commercial districts. • Ordinance 869. Established regulations for commercial outdoor dining in public rights-of-way with the intent of encouraging a pedestrian-friendly urban environment.
Following the adoption of the resolutions and ordinances, fees were paid for all parklets, building inspections were performed and deficiencies in parklet designs were corrected. The parklets continue to operate to this day.
DISCUSSION
This is the third year of the parklet program. With the exception of the first year of the program, most businesses have not paid, and the Town has not collected the required annual fees related to the use of the public right-of-way. Only the Fairfax Coffee Roastery has paid every year as required. In order to continue to operate the parklet program as envisioned by the Town Council, staff will seek to collect past due fees and will endeavor to collect fees at the first of the year when business licenses are renewed. 2 According to the municipal code, annual fees are required so long as the parklets remain in place.
Adjacent businesses have the option to remove the parklets at any time.
The Parklet Fee Summary table attached to this staff report indicates that a total of $14,500 is due from merchants for the use of the public right-of-way. Most of the parklets utilized two parking spaces immediately adjacent to the businesses. The Gestalt House uses the alley adjacent to the business and The Hummingbird uses the public sidewalk. As staff moves forward with routine fee collection at the beginning of each year, the revenue from parklets should be a minimum of $8,500 annually. This amount could change if parklets are removed or if new parklets are created.
GENERAL PLAN CONSISTENCY
• Policy TC-3.2.8 Promote locally-owned businesses
FISCAL IMPACT
Staff is in the process of preparing letters to the owners of businesses that utilize parklets to collect past due fees. In the future, fees will be collected at the time of business license renewals at the beginning of the year.
ATTACHMENTS
Parklet Fee Summary
Parklet Fee Summary
Plans On
File
2023* 2024** 2025** Public/
Private
Spaces Annual Fee** Owed Notes
Fairfax Coffee Roastery Yes Yes
(5-11-23)
Yes
(paid 2025)
Yes
(5-15-25)
Public 2 $1,000 $0 Fully paid through 2025
Village Sake Yes Yes
(3-15-23)
Public 2 $1,000 $2,000
The Hummingbird No Yes
(6-7-23)
Public 0 (public
sidewalk)
$500 $1,000 This parklet is on the public sidewalk
Stillwater Yes Yes
(6-2-23)
Public 2 $1,000 $2,000
Bare Foot Cafe No Yes
(4-20-23)
Public 2 $1,000 $2,000
Fairfax Brewing (current) /
Iron Springs, Hen House
(prior)
Yes Yes (HH)
(8-21-23)
Public 2 $1,000 $2,000 New owner
Amelie Café & Wine No Yes
(4-13-23)
Public 2 $1,000 $2,000
Mario’s Fairfix Café Yes Yes
(4-10-23)
Yes
(5-22-24)
Public 1 $500 $500 Parklet is 2 parking spaces. Shared
structure with Fradelizio’s (equivalent to
one parking space)
Fradelizio’s Yes Yes
(5-29-23)
Public 1 $500 $1,000 Shared structure with Fairfix (equivalent to one parking space)
Gestalt Haus No Yes
(4-20-23)
Public 2 (alley rightof-way)$1,000 $2,000 Does not occupy parking spaces, but blocks a public right-of-way (alley).
Equivalent to two parking spaces
$8,500*** $14,500
* Upon application fees paid and $1,000 deposit for street maintenance/remediation. ** Annual fee of $500 per parking space required if public and $1,000 per space if private (not open to general public). *** Assumes that all parklets are public
**** Compliance issued identified in 2023 inspections and the identified issues have yet to be resolved.