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Home My WebLink AboutFCS-14-157 - Encroachment Agmt - 105 King St EStaff Report rTC.�r R finance and Corporate Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: August 25, 2014 SUBMITTED BY: Erin Mogck, Associate City Solicitor, 519 - 741 -2200 x7060 PREPARED BY: Erin Mogck, Associate City Solicitor, 519 - 741 -2200 x7060 WARD(S) INVOLVED: Downtown —Ward 9 DATE OF REPORT: August 19, 2014 REPORT NO.: FCS -14 -157 SUBJECT: ENCROACHMENT AGREEMENT REQUEST — SIGNAGE, AWNINGS, STUCCO CANOPIES, LIGHT FIXTURES AT 105 KING ST. EAST ON KING ST. EAST ROAD ALLOWANCE RECOMMENDATION: That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 105 -131 King Street East (PIN 22501 -0081) to legalize existing awnings, two stucco canopies, and fagade lighting in addition to new signage and projecting light fixture which will encroach approximately 0.38m, more or less, on the City's King St. E. road allowance; and further, That upon execution of this agreement referenced above, the agreement dated July 10, 1972 between The Corporation of the City of Kitchener and Edmund Peachey Limited legalizing the encroachment of a canopy over King Street East is no longer in force and effect and removed from title. BACKGROUND: The building at 105 -131 King Street East is currently operating as the Crowne Plaza Kitchener - Waterloo, a hotel and conference centre. Previously, the Delta hotel housed the same building. The current property owner originally applied for sign permits to update the signage to read " Crowne Plaza ", but then also decided to add a perpendicular light bar to illuminate the sign on an existing stucco canopy. Since there is zero -set back along the King Street East road allowance, the new light bar required an encroachment agreement. Furthermore, this building also faces Benton Street, which is a Regional Road. After recent renovations to update the Crowne Plaza, several features encroached onto Benton Street. At the request of the Region, a new survey was created to reflect these changes and encroachments. This 2014 Plan of Survey (attached) also indicates the encroaching features onto King Street East and they can be described as follows: 8. -1 • 13 Awnings (existing) — approximate overhang over City sidewalk is 0.32 metres and each awning is approximately 10 feet in length; • Signage — the words "Crowne Plaza" with symbol on the King Street East turret; • Signage — the words "Crowne Plaza" with symbol on a stucco overhang; • 2 Stucco canopies (existing), approximate overhang is 0.38m and which have been legalized by a previous unregistered agreement in 2005 approved by City Council; • Proposed new light fixture to illuminate the sign on one stucco overhang in a downward direction (the projecting light bar is 6 feet long, and is 11/2" in depth); • Existing fagade lighting (9 small fixtures), which do not illuminate in an upward direction and is therefore consistent with the Urban Design Manual). REPORT: Many years ago, in 1972, the City of Kitchener permitted the erection of a canopy extending over King Street's sidewalk. It was structured in the manner of an A -frame roof with shingles and belonged to The Valhalla Inn. This structure no longer exists as described in the agreement between the City of Kitchener and Edmund Peachey Limited. In 2005, an unregistered agreement by resolution of Council dated April 11, 2005 between the Corporation of the City of Kitchener and Chip Reit No. 34 Holdings Ltd. permitted the owner of the building to erect two rectangular stucco canopies, changing the design that existed in 1972. The appearance of this 1972 agreement on title and on a survey from 2007 is confusing to future purchasers of this property. The current property owner has requested the 1972 agreement be removed from title provided the execution of a new agreement is approved by Council, and registered on title. The property owner has requested the legalization of all existing features listed above and has asked that all elements be included in one encroachment agreement. The signage and light fixtures aid with the identification of the property for business purposes. The two stucco canopies are the furthest projecting features onto the City's King St. East road allowance at approximately 0.38m. Similarly, the Region will resolve the encroachments onto Benton Street since it is a Regional Road. It will be a condition of the City of Kitchener's encroachment agreement that the owner obtains a sign permit for the particular sign that has the additional downward illuminated light bar. Furthermore, the property owners will make the necessary adjustments to avoid any upward and internal illumination in accordance with the City's Sign By -law. Attached is the 2014 Survey illustrating the location of the building and encroachments, as well as a presentation of the signs on the premises (relevant pages 1 -3 and page 7). ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Efficient and Effective Government — Customer Service FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: 8. -2 Community engagement is not necessary for this process. Internal staff and outside utility companies are circulated for their comments and /or approval. CONCLUSION: All appropriate staff and outside utility companies have reviewed the drawings and survey and it would be in order to authorize the execution of an encroachment agreement with the property owner(s) and any mortgagee(s) of 105 -131 King Street East. 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