CITY OF KINGSTON REPORT TO COUNCIL. Report No.: Mayor and Members of Council Jim Keech, President & 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, President & CEO, Utilities Kingston Mark Van Buren, Director of Engineering DATE OF MEETING: SUBJECT: Application for License of a Serving Sidewalk Patio on the Clergy Street Flankage for Whitefield Corporation/The Works Gourmet Burger Bistro located at 298 Princess Street EXECUTIVE SUMMARY: An application has been made to the Engineering Department by Whitefield Corporation/The Works Gourmet Burger Bistro operating at 298 Princess Street for the purpose of operating a sidewalk patio. 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 Whitefield Corporation/The Works Gourmet Burger Bistro located at 298 Princess Street for the lease of City property adjacent to their business on the Clergy Street frontage for the purpose of operating a serving sidewalk patio, in a form satisfactory to the Director of Legal Services. Council Meeting 15 19

2 - 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 15 20

3 - Page 3 - OPTIONS/DISCUSSION: The owner of Whitefield/The Works Gourmet Burger Bistro located at 298 Princess Street has made formal application to the Engineering Department to construct a sidewalk patio as an extension of their business into the public right of way for the purpose of serving food and alcoholic beverages. The requirements for 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 drawings. The patio area will be 44.6 square metres with 15 tables and 30 chairs. The proposal for consideration is to establish the approved patio on the Clergy Street frontage of their establishment with no request to alter the City right of way as there is sufficient width along Clergy Street available for the patio, and maintain the existing sidewalk. 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 Engineering Licensing Department Accessibility Taxation & Revenue Department Building Department Transportation Transit Kingston Hydro Public Works Department Kingston Fire & Rescue Health Unit See comments in the Accessibility Considerations Section. Parking Services have no objection to the application. The applicant will be responsible for the cost of relocating the bike rack. Council Meeting 15 21

4 - Page 4 - In addition to the technical circulation, the required advertisement was placed in the April 30, 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 patio application requesting comments to be addressed to William Cartwright of the Engineering Department within 15 days. No communications were received. 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 April 30, 2013 Whig Standard. ACCESSIBILITY CONSIDERATIONS: The application was circulated to the Accessibility Compliance Project Manager with regard to site design and the Engineering Department was advised the applicant should ensure that a minimum 1.1 meter aisle is maintained up to and around the tables and chairs; A cane detectable horizontal railing is provided at the bottom of the patio fence. The applicant must confirm that the slope of the patio entrance would not be a barrier for someone using a wheelchair, scooter or other mobility device; and the existing width of the accessible route along the sidewalk should be maintained around the patio to ensure a clear route of travel. 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 C, 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 two thousand two hundred and ten dollars and eighty two cents ($2,210.82). CONTACTS: Mark Van Buren, P.Eng, Director, Engineering Department ext Kimberley Brown, P.Eng, Manager, Infrastructure & Development ext William Cartwright, Engineering Technologist ext Council Meeting 15 22

5 - Page 5 - 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 15 23

6 Exhibit A Patio Plan -..., 4 - i ~'~AA" '~~ 22 - "" Pl.eLK:- 51DEHALK 8 THE HORKS GOURMET BURGER BISTRO - EXlSTIf<6 (',(lncrete 51OEHI'.U<: 51'51& j~ EXI5nH6 BRIO(: PAYBIS PROPOSED PATIO SQM (48060 SQ.FT! EXISTIN6 GONC.RI'lE 51DEHolo.I..J<: SYSTEM EXlS rln6~te ~I<:Sl'srel' if j'...!- ~ EXISTIN6 CONCI'!I:'TE c:o,~ ~,~ C clv RAIL IN6 ' ~ JdLr 1 tt:tai..... 'N6] II ikiil_ t1:taj..aaii..1n6 J ~ I EXISnllI5 P-'RKlM15 516N TO J<EH.o\IN ND TO ' BE LOcATEO OlITSIDE (l-e5t) Of' THE PAllO Rl<\ILI~ NV ItLlte >ilth THE EIV I"ETAJ.. EIAl.lJ5TER AO~ 0F'&IIN6 IN RAILIN6,,~... "" PVElLIC-51~ -"'" ~b~i!;,~t a. cro marl~o ---_..- ldn&.tod ODl&riO -,~...-' _".~ PIOOI "- _". """"1tCT oc '''.-''''''''''''''''''... ~ _"".. """"''''...,'''''''',no: ~.rrm< """"'" <II',... """"'"'CT. I... H"'" om. D<SIOO " I...".""""...!HI: (.,,_... CIXI< pt'... 1lUUtENa: $""I'Ol ~~x '\:9 "'9 No. Y I~ O""A",,,.C.S,,"uST,.OT ~ SCALEo """"' ""'....._...u...,.",...,......,., o<0<s- O'IU'_TfO... ""ICJOItCT_~... _-- THE WORKS GOURMET BURGER B1STRO EXTERIOR PATIO Council Meeting ft PRlNCI:SS STREET "III, YHm:TIEID CORPORA"ON EB ~EmDp", or ""'U 1/2 _ ~O" CLERGY ST PROPOSED EXTERIOR PATIO PLANS r-u~ A l ",,<).I[CT "0.20]3-07

7 Exhibit B Site Location Plan /J II II U I I rr -N- p. nl)c8s8 S,,.., Wh ; t'f96 t~ The Wd~C~~ et Burger Bistro p " cess Proposed Patio ", "" l CITY OF KINGSTON Engineering Department Proposed PatTo The Works Gourmet Burger Bistro Exhibit B' Council Meeting 15 25

City of Kingston Report to Council Report Number

To: From: Resource Staff: City of Kingston Report to Council Report Number 17-250 Mayor and Members of Council Date of Meeting: Subject: Executive Summary: Lanie Hurdle, Commissioner, Community Services