CITY OF KINGSTON REPORT TO COUNCIL. Report No.: Mayor and Members of Council. Jim Keech & CEO, Utilities Kingston

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1 CITY OF KINGSTON REPORT TO COUNCIL Report No.: TO: FROM: RESOURCE STAFF: Mayor and Members of Council Jim Keech & CEO, Utilities Kingston Mark Van Buren, Director of Engineering DATE OF MEETING: March 19, 2013 SUBJECT: Application for License of a Serving Sidewalk Patio on the King Street Flankage for King Street Sizzle Restaurant & Bar located at 285 King Street East EXECUTIVE SUMMARY: An application has been made to the Engineering Department by King Street Sizzle Restaurant & Bar operating at 285 King Street East for the purpose of assignment of existing serving patio lease from the former business King Street Sizzle that is under new ownership. The application does not require any alteration to the existing pedestrian sidewalk as the applicant will continue to use the previous patio dimensions. The patio will be utilized as an extension of their business for their customers as defined in the regulations established in By-Law No , A By-Law to Authorize the Adoption of Regulations Established for the Purpose of Dealing with Applications for the Extended Use of Sidewalks. RECOMMENDATION: THAT Council authorize the Mayor and Clerk to enter into a License Agreement with the owner of King Street Sizzle Restaurant & Bar located at 285 King Street East, for the lease of City property adjacent to their business on the King Street frontage for the purpose of operating a serving sidewalk patio. The license agreement shall be in a form satisfactory to the Director of Legal Services. Council Meeting 8 March 19,

2 REPORT TO COUNCIL Report No.: March 19, Page 2 - AUTHORIZING SIGNATURES: Jim Keech, President & CEO Utilities Kingston Gerard Hunt, Chief Administrative Officer CONSULTATION WITH THE FOLLOWING COMMISSIONERS: Cynthia Beach, Sustainability & Growth Lanie Hurdle, Community Services Denis Leger, Transportation, Properties & Emergency Services N/R N/R N/R (N/R indicates consultation not required) Council Meeting 8 March 19,

3 REPORT TO COUNCIL Report No.: March 19, Page 3 - OPTIONS/DISCUSSION: The new owner of King Street Sizzle Restaurant & Bar located at 285 King Street East has made formal application to the Engineering Department for the assignment of the existing patio. No construction is necessary as they will utilize the existing infrastructure. The requirements for assignment of a serving patio are outlined in By-Law No A By-Law to Authorize the Adoption of Regulations Established for the Purpose of Dealing with application for the Extended Use of Sidewalks. The applicant supplied the Engineering Department with a formal application and the site plan drawing. As per the prior license the patio area will be 40.0 square metres with 18 tables and 36 chairs. The drawings and application were circulated to Departments within the City as well as the required City Agencies and comments were received as follows: Recreation & Leisure Services Utilities Kingston Technical Services Licensing Department Accessibility Taxation & Revenue Department Building Department Transportation Transit Kingston Hydro Public Works Department Kingston Fire & Rescue Health Unit Parking Services See comments in the Accessibility Considerations Section. Council Meeting 8 March 19,

4 REPORT TO COUNCIL Report No.: March 19, Page 4 - In addition to the technical circulation, the required advertisement was placed in the February 5, 2013 edition of the Whig Standard. Individual notices were also sent to all property owners within a 60 meter radius of the site advising of the application for the assignment of a serving patio. Comments were requested to be addressed to William Cartwright of the Engineering Department within 15 days. One written communication was received with absolutely no concerns about this application, as patios are beneficial to downtown Kingston and to members of the public. EXISTING POLICY/BY LAW: By-Law No , A By-Law to Authorize the Adoption of Regulations Established for the Purpose of Dealing with Application for the Extended Use of Sidewalks. NOTICE PROVISIONS: As per By-Law No advertising was placed in the February 5, 2013 Whig Standard. ACCESSIBILITY CONSIDERATIONS: The application was circulated to the Accessibility Compliance Project Manager with regard to site design that alterations would not be required. The Engineering Department was advised that there were no concerns with the application. There are no proposed changes to the sidewalk patio. FINANCIAL CONSIDERATIONS: The applicant has met the requirements for application as outlined in By-Law No The applicant agrees to enter into a license agreement with an annual license fee to be paid to the City. The patio will be located in Zone B, as described in Schedule A of By-Law No The license fee is adjusted annually in accordance with the C.P.I. The 2013 season license fee will be seven thousand seven hundred and eighty dollars and thirty two cents ($7,780.32). CONTACTS: Mark Van Buren, P.Eng, Director Engineering Department Kimberley Brown, P.Eng, Infrastructure Engineer Engineering Department William Cartwright, Engineering Technologist Cut Permits & Inspections Engineering Department X X X3113 OTHER CITY OF KINGSTON STAFF CONSULTED: The application has been circulated to the required internal departments and external agencies for review and comment. The responses to the technical circulation were addressed in the content of the report. EXHIBITS ATTACHED: Exhibit A Patio Plan Exhibit B Site Location Plan Council Meeting 8 March 19,

5 REPORT EXHIBIT A Council Meeting 8 March 19,

6 REPORT EXHIBIT B Council Meeting 8 March 19,