HomeMy WebLinkAboutCA - 2017-12-12 - B 2017-049 - 379-389 & 399 Queen St S & 168 Benton StStaff Report
I rTc'.�► t .R Community Services Department wwwkitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 12, 2017
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070
APPLICATION #: B2017-049
ADDRESS: 379-389 &393-411 Queen St. S. &
168, 170-172, 176 & 180 Benton St.
PROPERTY OWNER: Polocorp Inc. & Barra On Queen Inc.
SUMMARIZED
RECOMMENDATION: Approve with conditions
DATE OF REPORT: December 3, 2017
Subject Properties
Staff Report
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Background
On November 21, 2017, the Committee of Adjustment approved Severance application 62017-
033 to sever lands addressed as 399 Queen Street South (which had merged with 168 Benton
Street) from lands addressed as 379-389 Queen Street South, and to add the severed lands
with 170-172, 176, and 180 Benton Street.
Report:
This application is proposing a below grade severance of a portion of 379-389 Queen Street
South to be consolidated with lands addressed as 399 Queen Street South & 168, 170-172, 176
& 180 Benton Street for the purpose of an underground parking structure.
The application also proposes an easement over the below grade severed lands in favour 399
Queen Street South & 168, 170-172, 176 & 180 Benton Street for the purpose of access and
maintenance of the underground parking structure on the retained lands.
The proposed severed lands are approximately 11.18 metres wide with a depth of 34.66 metres
deep and a total area of 3214 square metres. The area of the easement is 11.78 metres wide
with a depth of 37.16 metres and an area of 437.76 square metres.
Planning Comments:
The subject lands are within the Mill Courtland -Woodside Park Secondary Plan and are
designated as Mixed Use Corridor, Open Space, and Medium Density Commercial Residential.
Multiple dwellings are a permitted use with a maximum Floor Space Ratio of 2.0.
The lands are within the plan boundary of the PARTS Central Plan which was approved on May
16, 2016 by Kitchener City Council. The portion of the property along Queen Street South is
shown as Low Density Mixed Use and the portion along Benton Street is Low Rise Residential.
The adjacent lands (399 Queen Street South & 168, 170-172, 176 & 180 Benton Street) have
been comprehensively planned to be redeveloped with a multiple dwelling building. The
severed lands are below grade and will accommodate additional parking for the proposed
redevelopment. The severed and retained lands are zoned as Mixed -Use Corridor (MU -1) with
Special Regulation Provision 517R.
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, staff is satisfied that the proposed severance and lot additions are
desirable and appropriate. The uses of both the severed and retained parcels are in conformity
with the City's Official Plan and Zoning By-law. The size, dimensions and shapes of the
proposed lots is suitable for the use of the lands. The lands front onto two established public
streets, and both the severed and retained lands can be adequately serviced with connections
to municipal services. Planning staff is of the opinion that the proposal is consistent with the
Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden
Horseshoe.
Staff Report
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Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Comments:
Transportation Services has no concerns with the proposed application.
Engineering Comments:
A strata plan (elevation plan) showing where the below grade property line is located and the
proposed easements for access and maintenance will be required to the satisfaction of the
Engineering Division prior to severance approval.
Operations Comments:
Park land dedication will not be required on the severed parcel, as no new development lot will
be created as a result of the severance.
Heritage Comments:
Given that the proposed consent application is to create joint access and maintenance
easements, Heritage Planning staff has no concerns with the subject application.
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared
by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to
establish an inventory. The CHLS was the first step of a phased cultural heritage landscape
(CHL) conservation process. The owner of the properties is advised that the properties are
located within the Victoria Park Neighbourhood CHL. The owner and public will be consulted as
the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the
Official Plan and preparing action plans for each CHL with specific conservation options. Please
contact Michelle Drake, Senior Heritage & Policy Planner, for more information.
In addition, the subject properties are located within the Victoria Park Area Heritage
Conservation District (VPAHCD). As such, they are designated under Part V of the Ontario
Heritage Act and subject to the policies and guidelines of the VPAHCD Plan. A copy of the
District Plan is available online —
http://www.kitchener.ca/en/Iivinginkitchener/resources/Heritage_pIan_victoria_park.Pdf.
Note that the subject properties are located within the Mill Courtland Woodside Park Secondary
Plan. The City will be commencing a secondary plan review in 2018. The land use and zoning of
the properties are subject to change. For more information, please contact Lauren Nelson by
phone (519-741-2200 ext. 7072) or by email (lauren.nelson@kitchener.ca).
Staff Report
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Environmental Planning Comments:
Environmental Planning Staff has no comments on the proposed application. Tree
management and storm water management issues are addressed as part of the site plan
approval process.
RECOMMENDATION:
That application and Application B2017-049 requesting a below grade severance of lands
that are approximately 11.18 metres wide with a depth of 34.66 metres deep and a total
area of 3214 square metres, and requesting an easement that is 11.78 metres wide with a
depth of 37.16 metres and an area of 437.76 square metres, be approved subject to the
following conditions;
1. That the Owner provide a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as
well as one full size paper copy 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.
2. That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
3. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an
Application Consolidation Parcels immediately following the registration of the
Severance Deed and prior to any new applicable mortgages, and to provide a copy
of the registered Application Consolidation Parcels to the City Solicitor within a
reasonable time following registration.
4. 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 to the satisfaction of
the City's Revenue Division.
5. That the Owner prepare a strata plan (elevation plan) showing where the below
grade property line is located and the proposed easements for access and
maintenance, to the satisfaction of the Director of Engineering Division and the
Director of Planning.
6. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following and shall be approved by the City
Solicitor:
Staff Report
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a. a clear and specific description of the purpose of the Easement(s) and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost sharing
provisions related thereto);
b. a clause/statement/wording confirming that the Easement(s) being granted
shall be maintained and registered on title in perpetuity.
Garett Stevenson, BES, MCIP, RPP
Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Commmity Hanliing
150 Frederick Street 8th Floor
Region of Waterloo Kitchener Ontario NV2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575,-4466
,rergionof aterloo.ca
Carolyn Crozier 575-4757 ext. 3657
File No. D20-20/17 KIT
December 6, 2017
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications
B2017-048 to B2017-050
Committee of Adjustment Hearing December 12, 2017
CITY OF KITCHENER
B 2017-048
427 Old Chicopee Trail
Maria Kyveris & Greg McNally
The purpose of the application is to sever a parcel of land and create a new lot for
residential development.
Regional staff have no objection to the application.
:Vill tQOZ �!]
393-411 Queen Street South, 379 and 389 Queen Street South, 168 Benton
Polocorp Inc.
The purpose of the application is to sever a parcel of land from the subject property and
convey it 399 Queen Street South and 168 Benton Street.
Water Services
The applicant is advised that the subjec
static hydraulic grade line of 384 mASL.
below 327.8 mASL will require individi
service in accordance with Section 13.2.�
Specifications for Municipal Services for
Document Number: 2576209
t property is located in Kitchener Zone 4 with a
Any development with a finished road elevation
aal pressure reducing devices on each water
t.7 of the Design Guidelines and Supplemental
January 2017.
Regional staff have no objection to the application.
B 2017-050
156 & 158 Donald Street
Lydia Anna Vasek & Anna Daniela Vasek
The purpose of the application is to sever a parcel of lands so that each half of the
semi-detached residential dwelling can be deal with separately.
Regional staff have no objection to the application.
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 14-046 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,
Carolyn Crozier M.Sc.PI, MCIP, RPP
Principal Planner
cc. Juliane vonWesterholt, City of Kitchener (via email)
Brian Bateman, City of Kitchener (via email)
Document Number: 2576209
Grand River Conservation Authority
Resource Management Division
Beth Brown Supervisor of Resource
Planning
REPORT: City of Kitchener
DATE: YOUR FILE:
November 23, 2017 B2017-049
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2307
Fax: (519) 621-4945
E-mail: bbrown@grand river. ca
GRCA FILE:
B2017-049 — 393-411 Queen St S
RE: Application for Consent B 2017-049
393-411 Queen Street South, City of Kitchener
Polocorp Inc.
GRCA COMMENT*:
Information currently available at this office indicates that the subject property does not
contain features regulated by the Grand River Conservation Authority (GRCA). As such,
we have no objection to -the above noted consent application.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the property located at
393-411 Queen Street South does not contain regulated features by the GRCA.
2. Legislative/Policy Requirements and Implications
We have previously provided comments regarding the above noted property and
proposed severance via Consent Application B2017-033. At the time we noted
that the applicant was proposing to sever a below grade portion of 379-389
Queen Street South to accommodate a proposed below -ground parking
structure. We have no objection to this proposed severance, as this portion of the
underground parking is outside of the floodplain and we will ensure the entrance
to the parking garage located in the flood fringe on 393-411 Queen Street South
meets policy requirements through the site plan and GRCA permitting process.
3. Plan Review Fees
We will not charge an additional plan review fee for the severance application.
th Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
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* These comments are respectfully submitted as advice and reflect resource
concerns within the scope and mandate of the Grand River Conservation
Authority
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