HomeMy WebLinkAboutDSD-19-283 - B 2019-076 & A 2019-135 - 295 Arnold St & 888 Guelph StStaff Report
Dcvolopment Services Department
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REPORT TO: Committee of Adjustment
DATE OF MEETING: December 10, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Richard Kelly-Ruetz, Planner, 519-741-2200 ext. 7110
WARD: 10
DATE OF REPORT: November 29, 2019
REPORT #: DSD -19-283
SUBJECT: 295 Arnold Street / 888 Guelph Street — Applications: B2019-076 &
A2019-135
Owner(s): Golden Windows Limited
Applicant: MHBC Planning (Dave Aston; Luisa Vacondio)
Summarized Recommendation: Approve Consent Application Subject
to Conditions; Approve Minor Variance Application Without Conditions
REPORT
Planning Comments:
The subject property located at 295 Arnold Street/ 888 Guelph Street is designated General Industrial in the
City's North Ward Neighbourhood Plan for Land Use and Zoned Residential Five (M-2) in Zoning By-law 85-
1. The lot is located a few blocks north-east of the intersection of Lancaster Street West and Guelph Street
and contains industrial uses. The property is a large irregularly shaped lot with portions of frontage of three
streets: Guelph Street to the south; Maple Avenue to the west; and Arnold Street to the north. A site
inspection was done on November 27, 2019. The surrounding area is comprised of other industrial uses and
some low density residential uses. The subject property is shown below.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The applicant is proposing to sever the subject property. The applicant has indicated that these properties
were previously separate, and have merged on title; this severance application intents to create separate
lots again. As part of the severance, two minor variances are required for the retained lot to legalize an
existing side yard setback along Maple Avenue and a setback to a residential zone. The proposal is
illustrated below.
Arnold Street
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Arnold Street Frontage
Guelph Street Frontage
Consent Considerations
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O.
1990, c.P.13, the proposed consent request is not premature and is in the public interest. The proposal
conforms to the City's Official Plan. The proposed lots front onto an established public street with
adequate municipal services. The dimension and shape of the proposed new lot is consistent with
surrounding lots in the neighbourhood and the historical development of the area. Each lot will continue
to contain permitted industrial uses.
Subject to approval of the associated minor variance application, the severed and retained lot will comply
with the regulations of the General Industrial (M-2) zone and is consistent with the Provincial Policy
Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The proposed lot and
land use is compatible with the existing surrounding community.
Minor Variance Considerations
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
1. General Intent and Purpose of Official Plan Test
The subject property is designated General Industrial in the City's North Ward Neighbourhood Plan
for Land Use. The intent of the General Industrial designation is to allow a range of industrial and
manufacturing uses. The proposed variances to legalize existing conditions to facilitate a severance
conform to the designation and it is the opinion of staff the requested variances are appropriate and
meet the general intent of the Neighbourhood Plan.
2. General Intent and Purpose of Zoning By-law Test
The requested variances requesting relief from Section 20.3.1 of the Zoning By-law to allow an
existing building to have a side yard setback from a residential zone of 3.6 metres, whereas 14
metres is required, and from Section 20.3.1 of the Zoning By-law to allow an existing building to have
a side yard abutting a street (Maple Avenue) setback of 1.7 metres, whereas 6 metres is required,
meets the general intent and purpose of the Zoning By-law. The intent of the side yard abutting a
street setback and residential zone setback is to provide some separation between industrial uses
and residential uses, as well as providing for a consistent streetscape. In this case, as both of these
conditions are existing and no issues have been raised to staff about their function, staff has no
concerns with their continued existence. The general intent and purpose of the Zoning By-law is
maintained.
3. "Minor" Test
Staff is of the opinion that the requested variances are minor as the deficient side yard setbacks
are existing and staff foresees no issues with their continued existence.
4. Desirability for Appropriate Development or Use Test
The requested variances are appropriate for the development and use of the land, as the legalization
of the existing building location is consistent with the industrial character of the area.
On this basis, Planning staff recommends that the consent application be approved, subject to the
conditions outlined in the Recommendation section of this report and that the minor variance
application be approved without conditions.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Services Comments:
Consent comments: Transportation Services can support this application subject to the following
condition, that: funds for a future concrete sidewalk for the severed portion along the Arnold Street
frontage be provided to the City's Engineering Division.
Variance comments: Transportation Services has no concerns with the proposed applications.
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• Our records indicate the site has multiple water and sanitary services. Each property is to have
only one water, and one sanitary service; additional services will need to be abandoned per City
standards.
• The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation/removal of services that may be required to service this property, all prior to
severance approval. Our records indicate municipal sanitary, and water services are currently
available. Any further enquiries in this regard should be directed to Trevor Jacobs (519-741-2200
ext. 7136).
• A servicing plan showing outlets to the municipal servicing system, will be required to the
satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the site servicing with
corresponding layer names and asset information to the satisfaction of the Engineering Division
prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Operations Comments:
Parkland dedication is not required for this application as there is no change in use for this property.
RECOMMENDATION
That Consent Application B2019-076 at 295 Arnold Street / 888 Guelph Street, requesting consent
to sever the subject property into two lots,
be approved, subject to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of the
City's Revenue Division;
2. That the owner provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or.dgn (Microstation) format, as well as two full
size paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping
Technologist.
3. That Minor Variance Application A2019-135 receive final approval.
4. That the Owner make financial arrangements to the satisfaction of the Director of
Engineering for the installation of any new service connections to the severed and/or
retained lands.
5. That the Owner makes satisfactory arrangements with the Director of Engineering for
payment towards future sidewalk installation along the frontage for the severed portion.
6. That the Owner provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
7. That the Owner submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with
a digital submission of all AutoCAD drawings required for the site (Grading, Servicing
etc.) with the corresponding correct layer names and numbering system to the
satisfaction of the Director of Engineering.
8. That the Owner provides Engineering staff with confirmation that the basement elevation
can be drained by gravity to the street sewers. If this is not the case, then the owner
would have to pump the sewage via a pump and forcemain to the property line and have
a gravity sewer from the property line to the street to the satisfaction of the Director of
Engineering.
2. That Minor Variance Application A2019-135 for the retained lot (888 Guelph Street), requesting relief
from Section 20.3.1 of the Zoning By-law to allow an existing building to have a side yard setback from
a residential zone of 3.6 metres, whereas 14 metres is required, and from Section 20.3.1 of the Zoning
By-law to allow an existing building to have a side yard abutting a street setback of 1.7 metres, whereas
6 metres is required, be approved without conditions.
Richard Kelly-Ruetz, BES
Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
N*
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterl oo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/19 KIT
November 29, 2019
Re: Comments for Consent Application B2019-073 through
B2019-076
Committee of Adjustment Hearing December 10, 2019
CITY OF KITCHENER
B2019-073
56 Roos Street
James Kuntz and Laura Detzler
The owner/applicant is proposing to sever part of the existing residential lot to create a
new buildable lot.
Fee:
The owner/applicant must submit the consent review fee of $350.00 per new lot created
to the Region of Waterloo prior to final approval of the consent application.
Water Services:
Regional Staff advise that the subject property is located in Kitchener Zone 2 (W) with a
static hydraulic grade line of 361 mASL. Any development with a finished road elevation
below 304.8 mASL will require individual pressure reducing devices on each water
service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental
Specifications for Municipal Services for January 2019.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 3164310 Version: 1
B2019-074 and B2019-075
32 Forwell Road
Gatekey Aggregates Inc. c/o Justin Bischoff
The owner/applicant is proposing two severances from 32 Forwell Road to be added as
lot additions to existing abutting lots at 80-88 Centennial Road and 20 & 36 Centennial
Road.
Environmental Site Assessment:
The subject lands at 32 Forwell Road are identified as a High Threat in the Region's
Threats Inventory Database. The adjacent lands at 80-88 and 20 & 36 Centennial Road
are identified as a High Threat and Known Threat in the Region's Threats Inventory
Database. The threat indicators are associated with the former and existing industrial
uses on the property including the storage of underground tanks.
Regional Staff acknowledge that the Environmental Screening Questionnaire submitted
with the subject application has indicated that environmental documents (i.e. a Phase I
and II Environmental Site Assessment) have been prepared or issued for the property.
Regional Staff have requested these studies from the owner/applicant.
Regional Staff request deferral of the subject applications for 32 Forwell Drive to allow
Regional Staff to review any associated environmental documents to determine whether
a Record of Site Condition is warranted to assess potential contamination issues on the
subject lands.
Regional staff recommend deferral of the subject applications.
:YM PIOMI
295 Arnold Street/888 Guelph Street
Golden Windows Limited
The owner/applicant is proposing a severance to create a new lot for 295 Arnold Street,
which was previously a separate lot that has since merged with 888 Guelph Street. The
proposed severed and retained parcels currently operate as separate lots and the
severance would formalize the existing operations on two independent lots.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 3164310 Version: 1
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff reports,
decisions and minutes pertaining to each of the consent applications noted above. Should
you require Regional Staff to be in attendance at the meeting or have any questions,
please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley
Planner
Document Number: 3164310 Version: 1
Region of Waterloo
November 18, 2019
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(1) VAR KIT/Bryan Webb
Re: Committee of Adjustment Meeting on December 10, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1)
A 2019-131
— 54 West Avenue — No Concerns.
2)
A 2019-132
— 900 Chapel Hill Court — No Concerns.
3)
A 2019-133
— 908 Chapel Hill Court — No Concerns.
4)
A 2019-134
— 338 Woodbine Avenue (Lot #0038) — No Concerns.
5)
A 2019-135
— 295 Arnold Street / 888 Guelph Street — No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require the payment of Regional Development Charges for this
development prior to the issuance of a building permit. The comments contained in this
letter pertain to the Application number listed. If a site is subject to more than one
application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3156678
Page 1 of 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: December 2, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-103
581 Strasburg Road
A 2019-132
900 Chapel Hill Court
A 2019-133
908 Chapel Hill Court
A 2019-134
338 Woodbine Avenue
A 2019-135
295 Arnold Street/888 Guelph Street
Application for Consent:
B 2019-076 295 Arnold Street/888 Guelph Street
GRCA COMMENT:
The above -noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority