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HomeMy WebLinkAboutFCS-18-027 - Encroachment Agreement - Canopy and Awnings over Sidewalk - 276 King Street WestREPORT TO: Committee of the Whole DATE OF MEETING: March 19th, 2018 SUBMITTED BY: Erin Mogck, Associate City Solicitor 519-741- 2200 ext. 7060 PREPARED BY: Erin Mogck, Associate City Solicitor 519-741- 2200 ext. 7060 WARD(S) INVOLVED: 9 DATE OF REPORT: March 14, 2018 REPORT NO.: FCS-18-027 SUBJECT:Encroachment Agreement - canopy and awnings over sidewalk – 276 King Street West ___________________________________________________________________________ RECOMMENDATION: “That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner and any mortgagee(s) of the property municipally known as 276 King Street West to permit a canopy and awnings that will project over the City’s sidewalk.” BACKGROUND: Perimeter Development Corporation (Perimeter) has applied for permission to install a canopy attached to the building known as Eaton Lofts that will project over the City’s King Street West and Water Street North sidewalk. In addition, Perimeter would like to install awnings attached to the building of Eaton Lofts and projecting over Water Street North. REPORT: The proposed canopy is a curved canopy that will wrap around the corner of the building at the intersection of King Street West and Water Street North. This canopy will project different lengths at different points because it is a curved structure. The canopy will at minimum project 2 feet or 0.61 metres to a maximum of 6 feet or 1.82 metres from the building’s façade over to King Street West. Similarly, as the canopy wraps around the corner, it will project 1 foot 6 inches or 0.46 metres at minimum and 6 feet or 1.82 metres at maximum over the Water Street North sidewalk. Several awnings will be approximately 3 feet or 0.9 metres encroaching over Water Street West. The attached drawings were circulated for staff comments through the circulation process. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 1 Since the City maintains the King Street West sidewalk and the Water Street North sidewalk all year-round with sidewalk sweepers and snow removal vehicles, the canopy and awnings will be above the required minimum clearance of 9 feet or 2.74 meters above the sidewalk. There will be businesses that will operate in lower levels of the Eaton Lofts when tenants lease the available units. If signage is added to the encroaching canopy and awnings, then Committee of Adjustment approval for third-party signage may be required. Furthermore, the wrap-around canopy must also stay clear of the existing traffic signal pole. Conditions in the agreement will address these concerns. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation outlined in this report supports the achievement of the City’s strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: All fees associated with encroachments will be paid by Perimeter. The Application fee of $280.00 has been paid. Processing fee of $235 will become payable after Council approval. COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the Standing Committee. ACKNOWLEDGED BY: Lesley MacDonald, Acting Deputy CAO, Finance and Corporate Services 5 - 2 JAN 2018 Date : A2-CPY THE PROPERTY OF ISSUED AS NOTED Scale :Drawing Number : JC CD 15048 AGREEMENT CANOPY ENCROACHMENT ELEVATIONS 276 King Street West - Ground Floor Renovation Kitchener, OntarioPerimeter Development Corporation 119 King Street West, Suite 220Kitchener, ON N2G 1A7 ALL MEASUREMENTS MUST BE CHECKED ON THE JOB BYDRAWINGS AND SPECIFICATIONS ARE REV.DATETHE ARCHITECT AND MUST BE RETURNED UPON REQUEST THE CONTRACTOR. DRAWINGS MUST NOT BE SCALED. ALL Title :Drawn :Project Number :Drawing Stage: 1 A3-CPY 2 A3-CPY 4 A3-CPY 3 A3-CPY SCALE -SCALE -SCALE - 22" x 34" 5 - 3 JAN 2018 Date : A3-CPY THE PROPERTY OF ISSUED AS NOTED Scale :Drawing Number : JC CD 15048 AGREEMENT SECTIONSCANOPY ENCROACHMENT 276 King Street West - Ground Floor Renovation Kitchener, OntarioPerimeter Development Corporation 119 King Street West, Suite 220Kitchener, ON N2G 1A7 ALL MEASUREMENTS MUST BE CHECKED ON THE JOB BYDRAWINGS AND SPECIFICATIONS ARE REV.DATETHE ARCHITECT AND MUST BE RETURNED UPON REQUEST THE CONTRACTOR. DRAWINGS MUST NOT BE SCALED. ALL Title :Drawn :Project Number :Drawing Stage: SCALE -SCALE - S I G N SCALE -SCALE - 22" x 34" 5 - 4 5 - 5