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HomeMy WebLinkAboutCSD-18-011 - B 2018-001 - 301 Westmount Rd W, Staff Report I .R Community Services Department wm kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: January 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext. 7987 WARD: 7 DATE OF REPORT: January 8, 2018 REPORT #: CSD -18-011 SUBJECT: B2018-001 — 301 Westmount Road West Owner: 2054908 Ontario Inc. & Victoria-Vicmount Inc. Approve with Conditions RECOMMENDATION: That application B2018-001 requesting consent for easements over 301 Westmount Road (2054908 Ontario Inc. & Victoria-Vicmount Inc.) in favour 751 Victoria Street South (Victoria-Vicmount Inc.), more specifically being: Parts 1, 2, 3 & 5 of 58R-19934 for stormwater and sanitary services purposes; and Parts 3, 4, 5 & 6 of 58R-19934 for parking and access purposes, 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 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 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. 3. That the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easements 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 Easements being granted shall be maintained and registered on title in perpetuity. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Subject Lands: 301 Westmount Road West & 751 Victoria Street South REPORT Planning Comments: The subject property is located at 301 Westmount Road West. Staff conducted a site inspection on December 14, 2017. The subject lands, together with 751 Victoria Street South are part of the Victoria Westmount Centre plaza. The subject lands were severed from 751 Victoria Street South in 2012 (62012-004) and various access and servicing easements were created at that time to support continued operation of the two sites as a contiguous plaza. The Owner received Site Plan Approval in Principle on December 30, 2016, to allow the subject lands to be redeveloped. As a result of the contemplated changes to the site layout, additional easements are required to allow for the continued shared use of the lands. The owner is requesting consent for easements for stormwater and sanitary purposes over Parts 1, 2, 3 & 5 of 58R-19934 and an easement for parking and access purposes over Parts 3, 4, 5 & 6 of 58R- 19934. Staff confirms that the proposed easements align with the approved Site Plan. The reciprocal easements created in 2012 remain in place and the Committee is not requested (nor is it required) to consider any changes to these. 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 dimensions of the proposed easements are suitable for the purposes for which they are being created, and are desirable and appropriate in order to allow for the orderly development of lands. It is the opinion of staff that the proposed consent is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Transportation Services Comments: No Concerns. Engineering Comments: No Concerns. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo MraOrem 11113100071R3601111rr January 8, 2018 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 4,13 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwate rl oo.ca Carolyn Crozier 575-4757 ext. 3657 Re: Comments for Consent Applications B2018-001 to B2018-004 Committee of Adjustment Hearing January 16, 2018 CITY OF KITCHENER B 2018-001 301 Westmount Road West 2054908 Ontario Inc. and Victoria-Vicmount Inc. The purpose of the application is to grant easements for stormwater and sanitary service and parking and access purposes. Regional staff have no objection to the application. B 2018-002 67 Second Avenue Vlad Knezevic The purpose of the application is to create a new lot for residential development. Community Planning Fee The applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. 1888113 1 of Water Services The applicant is advised that the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 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 2018. Corridor Planning Noise The severed and retained residential lots will be impacted from road noise from traffic on Conestoga Parkway (Highway 7/8). The applicant is required to enter into a registered agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: For the severed lands: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase and sale and/or any rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Environment and Climate Change (MOECC)". For the retained lands: c) The following noise warning clause will be included in all offers of purchase and sale and/or any rental agreements: 1888113 2 of 4 "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). Regional staff has no objection to the application subject to the following conditions of approval for the consent: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant enter into a Registered Development Agreement with the City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: For the severed lands: The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. Purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Environment and Climate Change (MOECC)". For the retained lands: "Purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). 1888113 3 of 4 B 2018-003 268 Woolwich Street Brian Holtze and Tanya Yantz The purpose of the application to grant an easement for stormwater overflow. Regional staff have no objection to the application. B 2018-004 6 Pequegnat Avenue CPM Construction Management Inc. The purpose of the application is to create a new lot for residential development. Community Planning Fee The applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Regional staff has no objection to the application subject to the following conditions of approval for the consent: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 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, L OvVv�r Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 4 of 4 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat Avenue 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, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/dp *These 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. Holly Dyson From: Mustafa, Shevan <SMustafa@kwhydro.ca> Sent: 21 December, 2017 4:21 PM To: Holly Dyson Subject: Committee of Adjustment Hello Holly, "The Applicant/Authorized Agent should be aware that KWHI has overhead distribution lines below applications to ensure compliance with all applicable standards and regulations, a minimum horizontal distance (setback) of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole". • SG 2018-001 • B 2018-001 • B 2018-002 • B 2018-003 • B 2018-004 Note The values takes into consideration: • The maximum distance a KWHI typical powerline may swing (1.5m) during windy condition. • 3.Om minimum working distance per OSHA • Framing on 7'-6" cross -arm. Outer wire is attached approximately 3'-6" (-1 m) from centre of pole. • If pole line is framed using 9'-6" cross -arm, the distance from centre of pole should be adjusted accordingly. That is, 6.Om from centre line of pole. Regards, Shevan Mustafa Shevan Mustafa, P.Eng Distribution Engineer Kitchener -Wilmot Hydro Inc. 301 Victoria St. South Kitchener, ON N2G 4L2 Phone: (519) 745-4771 EXT. 6399 Fax: (519) 745-0643 Email: smustafa@kwhydro.ca This email has been scanned CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system.