HomeMy WebLinkAboutCAO-14-026 - Restrictive Covenant - 290 King St EStaff Report
K jTC' F _Ni -, CA0 Office www.kitchener ca
REPORT TO: Committee of the Whole
DATE OF MEETING: May 5, 2014
SUBMITTED BY: Rod Regier, Executive Director, Economic Development
(519)741 -2200 ext. 7506
PREPARED BY: Cory Bluhm, Manager Downtown Development
(519)741 -2200 ext. 7310
WARD (S) INVOLVED: 10
DATE OF REPORT: April 30, 2014
REPORT NO.: CAO -14 -026
SUBJECT: Modifications to Restrictive Covenant for 290 King St E
RECOMMENDATION:
That the Mayor and Clerk be authorized to amend the restrictive covenant for 290 King Street East,
upon such time as the City's Chief Building Official has issued an occupancy permit for the proposed
use, to the satisfaction of the City Solicitor, in accordance with staff report CAO -14 -026
BACKGROUND:
Staff have received a request to modify a restrictive covenant to 290 King Street East. The building is
currently owned by Barrel Works Market Shops Inc, and forms the north -west corner of the Kitchener
Market complex (located at the corner of King & Eby). The owner wishes to sell the building to an
interested buyer who plans to establish a mobile software development office and lab. As part of the
development of the Market, restrictive covenants were placed on this building that permit only retail and
restaurant uses on the ground floor. In order to accommodate the proposed use, the owner requires
relief from the City of Kitchener of this covenant.
REPORT:
Staff feel the proposed use supports the City's economic development strategy (KEDS) and Downtown
Kitchener Action Plan, as it has the potential to draw new start up activity in digital media and
technology to the Market District. As such, staff support amending the restrictive covenant.
Presently, the restrictive covenant only permits a limited range of uses, primarily restaurant and retail.
Staff recommend modifying the covenant to permit any use permitted by the zoning bylaw (including
the proposed use), with the exception of the following uses which would be prohibited:
- Adult Entertainment
- Adult Video Store
- Methadone Clinic
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- Massage Establishment, including Alternative Massage Centres and Adult Entertainment Parlours
- Pawn Shop or Pawn Broker
- Tattoo Establishment
- Consignment Store
- Bawdy House
- Group Home
- Residential Care Facility
- Financial Establishment
- Sale of any equipment or products related to recreational drug use
- Medical office where more than 50 percent of the window openings would be glazed, screened,
covered or otherwise made opaque.
Given the highly public nature of the Kitchener Market and Piazza, as well as the City's desire to
provide a high quality visitor experience, the above uses have the potential to detract from achieving
these objectives. Even if the zoning bylaw were to permit any of the above uses, they would only be
permitted if the City were willing to further amend the covenant at a future date. The proposed
purchaser is agreeable to the list of prohibited uses.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The proposed amendments support potential economic growth of the digital media sector and the
Market District, which in turn support the objectives of `Development' and `Dynamic Downtown'.
FINANCIAL IMPLICATIONS:
None.
COMMUNITY ENGAGEMENT:
None.
ACKNOWLEDGED BY: Jeff Willmer, CAO
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