HomeMy WebLinkAboutCSD-18-043 - B 2018-013, A 2018-018 & A 2018-019 - 647 & 659 Victoria St S�, Staff Report
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REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
Committee of Adjustment
February 20, 2018
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Brian Bateman, Senior Planner— 519-741-2200 ext. 7869
8
February 9, 2018
CSD -18-043
B2018-013, A2018-018 & A2018-019 — 647 & 659 Victoria St. S.
Owner: Silicon North Real Estate Inc.
Approve with Conditions
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Subject Lands: 647 & 659 Victoria Street South
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*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
RECOMMENDATION:
That application B2018-013 requesting consent to separate title affecting lands
municipally addressed as 647 and 659 Victoria Street South 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 Owner submits a Building Code Assessment for Spatial Separation to the
satisfaction of the Chief Building Official.
4. That the Owner obtains a Building Permit required implementing any measures outlined
in the Building Code Assessment to the satisfaction of the Chief Building Official.
5. That application A2018-018 requesting to legalize twenty-three (23) parking spaces for
an existing twenty (20) unit multiple dwelling and to legalize four (4) parking spaces to
be located between the front of the building and the street line as shown in a plan
prepared by ACI Surveying of December 13, 2017, be approved.
7. That application A2018-019 requesting a right side yard setback of 0.7 metres instead
of the required setback of 1.2 metres for an existing detached dwelling be approved.
REPORT
Planning Comments:
The subject property is addressed as 647 and 659 Victoria Street South as shown above. Staff
conducted a site inspection on February 2, 2018. Although operating as two separate parcels of
land, 647 and 659 Victoria Street South are under identical ownership resulting in the merging
of the properties on title. In total, the combined properties measure 45 metres in frontage by
depths of between 86 metres and 62 metres for an overall area of 3779 square metres. 647
Victoria contains an existing 20 unit multiple dwelling and surface parking lot for 23 vehicles.
659 Victoria is developed with a detached residential dwelling. The subject properties are
zoned Residential Seven (R-7) in By-law 85-1 and designated Medium Rise Residential in the
City's 2014 Official Plan. Some of the policies relating to this designation are under appeal.
The corresponding designation in the 1994 Official Plan is Medium Rise Residential and will be
relied upon for determining the general intent of the Official Plan.
The owner is requesting consent to separate title while at the same time requesting variances
for each address to legalize setbacks and parking. In support of the application, the owner has
retained the IBI Group who has submitted a letter of January 19, 2018 providing justification for
the proposal.
Street View Photograph of 647 (left) & 659 (right) Victoria Street S.
R�01 fi-013
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 lot addition is appropriate as the uses of both the severed and
retained parcels are in conformity with the City's Official Plan and Zoning By-law, the
dimensions and shapes of the retained lot are appropriate and suitable for the existing uses and
any proposed use of the lands, the lands front on an established public street, and both parcels
of land are currently serviced with independent and adequate service connections to municipal
services.
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.
A2018-018 — 647 Victoria Street S.
This variance request is to legalize:
1. Twenty-three (23) existing parking spaces for twenty (20) multiple dwelling units and
2. Four (4) existing parking spaces that is located between the front of the building and the
street line.
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:
The general intent of the Official Plan is being maintained. The Medium Rise Residential
designation permits a range of housing types - including multiple dwellings - at medium
densities throughout locations of the City.
The intent of the Zoning By-law is to ensure properties are adequately parked for the use. At
this location, the By-law requires a rate of 1.75 spaces per unit totaling 35 spaces for 20 units.
Staff is of the understanding the property has operated as a 20 unit multiple dwelling for over 30
years and over that time has provided 23 parking spaces for a rate of 1.15 spaces per unit. As a
result of the existing parking condition and the fact staff is unaware of any parking problems on
site, staff has no concerns. For these reasons, staff is of the opinion the intent of the by-law is
being maintained.
The variances are considered minor and is appropriate for the use of land as the 23 parking
spaces for 20 units is an existing condition - including the four (4) spaces located between the
building line and the front lot line - that has spanned for over 30 years without any parking
problems on site that staff is unaware of. The parking area is paved and functional. The use is
permitted in the Zoning By-law and is supported by the Official Plan.
A2018-019 — 659 Victoria Street S.
This variance is required to permit a right side yard setback of 0.7 metres instead of the required
1.5 metres under the R-7 zoning. This is a technical variance resulting from the desire to
separate title. The location of the dwelling is a pre-existing condition. The use is permitted in
the Zoning By-law, supported by the Official Plan and because it is a pre-existing condition that
has remained unchanged for over 30 years, staff has no concerns.
The intent of the Official Plan is to support residential development at medium densities. The
detached dwelling is residential and is a pre-existing condition and therefore meets the general
intent of the Official Plan. The R-7 zoning supports the use of a detached dwelling. The R-7
zoning regulations require a 1.2 metre side yard on one side and 0 metres on the other side.
The intent of a 1.2 metre side yard is to ensure there is adequate separation between
properties. The request at 0.7 metres provides some separation and is considered wide enough
to allow for rear yard access without the need for an easement. It is staffs opinion that the
intent of the Zoning By-law is also met. Furthermore, the location of subject side yard is
immediately adjacent to an existing residential property with a dwelling that is located
approximately 6.6 metres away. Therefore, any impact is negligible as both dwellings are pre-
existing. Therefore, it is staff's opinion that the proposed variance is minor and appropriate for
the use of land as this variance recognizes what currently exists, and no impacts are anticipated
as a result of allowing this variance.
Building Comments:
The Building Division has no objections to the proposed applications provided:
1) A Qualified Designer, Architect or Engineer is retained to complete a building code assessment
as it relates to the new proposed property line and addresses such items as:
Spatial separation of existing buildings' wall face for each building, to the satisfaction of the Chief
Building Official. Upgrading of exterior walls and/or closing in of openings may be required,
pending spatial separation calculation results.
2) A building permit shall be obtained for any remedial work/ upgrades required by the building
code assessment.
Transportation Services Comments:
No concerns.
Operations (Parks)
Park land dedication will not be required on the severed parcels.
Severance creates a new development lot, however the lot is currently occupied by one existing
residential unit (one storey home). Dedication requirements may be required in future
applications should further redevelopment of the parcel occur.
Engineering Comments:
No Concerns.
Brian Bateman, MCIP, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
Mla0rem 1111381iWell Rl1:411
February 12, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re:
B 2018-005
94 Morgan Avenue
Elzbieta & Jerzy Kolosa
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U3 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
Comments for Consent Applications
B2018-005 to B2018-015
Committee of Adjustment Hearing February 20, 2018
CITY OF KITCHENER
The purpose of the application is to create a new lot for residential development.
Community Planning
Fee
Pursuant to Region Fee By-law 17-076, 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.
Corridor Planning
Noise
The subject lands will be impacted by transportation noise from Fairway Road North
(RR#3) and rail noise from CP Railway. The applicant is required to enter into a
registered development agreement with the Region of Waterloo to provide a forced air -
ducted heating system suitably sized and designed to permit the future installation of
central air conditioning, as well as include the following noise warning clauses in all
Agreements of Purchase and Sale and/or Rental Agreements for the severed lot:
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"Purchasers / tenants are advised that sound levels due to increasing road traffic on
Fairway Road North (RR #53) and rail traffic from the CN railway mainline may
occasionally interfere with some activities of the dwelling occupants as the sound
levels may exceed the sound level limits of the Regional of Waterloo and the
Ministry of the Environment and Climate change."
"This dwelling unit has been designed with the provision for 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 noise levels are
within the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change."
Regional staff has no objection to the application subject to the following
condition 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 the applicant enter into a Registered
Development Agreement with the Region of Waterloo 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 lot:
A. The dwellings will be fitted with a forced air -ducted heating system suitably
sized and designed to permit the future installation of a central air
conditioning system by the occupants.
B. The following noise warning clause will be registered on title and required
to be included on all offers of purchase, deeds and rental agreements for
the severed lot:
"Purchasers / tenants are advised that sound levels due to increasing
road traffic on Fairway Road North (RR #53) and rail traffic from
theCN railway mainline may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed
the sound level limits of the Regional of Waterloo and the Ministry of
the Environment and Climate change."
"This dwelling unit has been designed with the provision for 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 noise levels are within the sound
level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change."
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B 2018-006 to B2018-009
883 Doon Village Road
Bob and Alison Lefrance
The purpose of the application is to create four new lots for residential development.
Community Planning
Cultural Heritage
The subject lands contain a designated (OHA Part IV) structure. As identified in the
pre -submission process, an Archeological Assessment is required due to the
designated structure.
As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed
Archaeologist complete an Archeological Assessment of the entire property, and any
adverse impacts to significant archaeological resources found shall be mitigated,
through preservation or resource removal and documentation, at the expense of the
owner.
The applicant must submit the archaeological assessment report to the Ministry of
Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the
acceptance letter and assessment report to the Region of Waterloo's Planning,
Development and Legislative Services Department.
The completed Archaeological Assessment and Ministry Acknowledgement will be
required prior to final approval of the Consent Application.
Details and questions about the Archeological Assessment can be directed to:
Kate Hagerman, Specialist, Cultural Heritage, at 519-575-4757 ext. 4094, or at
KHagerman(a)regionofwaterloo.ca.
Fee
Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent
applications was received January 31, 2018.
Corridor Planning
Noise
Staff have reviewed the report entitled "Acoustical Impact Assessment" prepared by
Walterfedy, dated January 5, 2018 and generally concur with the findings of the report.
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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 severed lots
numbered 1 and 2:
b) The dwellings will be fitted with a forced air -ducted heating system suitably sized
and designed to permit the future installation of a central air conditioning system
by the occupants.
c) The following noise warning clause will be registered on title and required to be
included on all offers of purchase, deeds and rental agreements for the units on
lots 1 and 2:
1) Purchasers / tenants are advised that sound levels due to increasing road
traffic on Doon Village Road may occasionally interfere with some
activities of the dwelling occupants as the sound levels exceed the limits
of the Region of Waterloo and the Ministry of the Environment and Climate
Change.
2) Purchasers / tenants are advised that despite the inclusion of noise control
features in the development and within the building units, sound levels due
to increasing road traffic on Doon Village Road may on occasions interfere
with some activities of the dwelling occupants as the sound levels exceed
the limits of the Region of Waterloo and the Ministry of the Environment
and Climate Change.
3) This dwelling unit 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 Ministry of the Environmental and Climate Change.
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 will submit an archaeological
assessment report to the Ministry of Culture, Tourism and Sport, and once
reviewed and accepted, provide a copy of the acceptance letter and assessment
report to the Region of Waterloo's Planning, Development and Legislative
Services Department.
3) 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 severed lots 1 and 2:
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A. The dwellings will be fitted with a forced air -ducted heating system suitably
sized and designed to permit the future installation of a central air
conditioning system by the occupants.
B. The following noise warning clause will be registered on title and required
to be included on all offers of purchase, deeds and rental agreements for
the units on lots 1 and 2:
1. Purchasers / tenants are advised that sound levels due to
increasing road traffic on Doon Village Road may occasionally
interfere with some activities of the dwelling occupants as the
sound levels exceed the limits of the Region of Waterloo and the
Ministry of the Environment and Climate Change.
2. Purchasers / tenants are advised that despite the inclusion of noise
control features in the development and within the building units,
sound levels due to increasing road traffic on Doon Village Road
may on occasions interfere with some activities of the dwelling
occupants as the sound levels exceed the limits of the Region of
Waterloo and the Ministry of the Environment and Climate Change.
3. This dwelling unit 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 Ministry of the
Environmental and Climate Change.
B2018-010 to B2018-011 and B2018-012
Block 28 and Block 29 Rockcliffe Drive
Primeland Developments (2003) Limited
The purpose of the 3 applications is to create a total of 5 lots (severed and retained) on
the 2 Blocks subject to the applications. All lots will have frontage on Rockcliffe Drive.
The Region's concerns with respect to the subject lands were addressed as part of the
plan of subdivision application 30T-98201 (Stage 413, Blocks 28 and 29, registered as
58M-607), and secured through an agreement with the Region (WR794499 December
11, 2013).
Community Planning
Fee
Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent
applications was received February 2, 2018.
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Regional staff has no objection to the applications.
B 2018-013
647 Victoria Street South
Silicon North Real Estate Inc.
The purpose of the application is to reestablish legal lot lines as this property has
merged on title with the adjacent property at 659 Victoria Street South.
Regional staff have no objection to the application.
B 2018-014 and B 2018-015
185 Forfar Avenue
Martea Developments
The purpose of the application is to create two new lots for residential development.
Community Planning
Fee
Pursuant to Region Fee By-law 17-076, 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, for
a total fee of $700.00.
Corridor Planning
Noise
It is the responsibility of the applicant to ensure the development is not adversely affected
by the impacts of transportation noise from Victoria Street North (RR #55); rail noise from
the CN Railway mainline (including the rail yard) north of Victoria Street, and stationary
noise from adjacent businesses, including Kitchener Auto Wreckers and Denomme
Automotive. In this regard the applicant must prepare an Environmental Noise Study. The
noise study must be prepared in accordance with MOE NPC -300 Guideline.
The noise consultant must be pre -approved by the Region of Waterloo. The noise
consultant is responsible for obtaining current information, applying professional expertise
in performing calculations, making detailed and justified recommendations, submitting the
Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with 2
hard copies and an electronic copy of the noise study to the Region of Waterloo.
A $250 fee for the preparation of traffic forecasts for Regional roads and review of
Environmental Noise Studies would be required. The noise consultant preparing the
Environmental Noise Study must complete and submit a Transportation Planning Noise
Assessment Fee Form and must request forecasted traffic data for the appropriate
Regional roadways. The form can be found at:
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http://www.regionofwaterloo.ca/en/doingBusiness/resources/Noise Assessment Applicati
on Fee Form.pdf
As indicated on the form, traffic forecasts for noise assessments will be prepared within 15
business days of the data of the request, but will be withheld if payment has not been
received.
The Environmental Noise Study will be required as a condition of this consent.
Additionally, the applicant, if necessary based on the findings and recommendations of the
study will be required to enter into an agreement with the Region of Waterloo to implement
the recommendations of the study.
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 per lot created for a
total of $700.00.
2) That prior to final approval, the applicant submit an Environmental Noise Study,
for both stationary and road noise, to the Region of Waterloo, and, if necessary,
based on the findings of the study, enter into a Registered Development
Agreement with the Region of Waterloo to implement the study.
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
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Region of Waterloo
February 08, 2018
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, 8th 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: D20-20/
VAR KIT GEN
(1) / KING KIT, Grand River Hospital
(6)/08 WEBER KIT, Lin Corp Solutions Inc.
(9) /04 URBAN, Urban Oakloft Inc.
(10, 14, 15)/53 Fairway, Fusion Homes
(11)/VAR KIT, Revel Development Corp.
(16, 17)/ 55, Silicon North Real Estate Inc.
(18, 19)/VAR KIT, Marlea Developments
Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 835 King Street West (SG 2018-002): No concerns.
2. 125 Highland Road East (SG 2018-003): No concerns.
3. 12 Redtail Street (A 2018-005): No concerns.
4. 48 Crosswinds Drive (A 2018-006): No concerns.
5. 56 Crosswinds Drive (A 2018-007): No concerns.
6. 1087 Weber Street East (A 2018-008): No concerns to this application. However,
the owner please be advised that any redevelopment application on these lands
would require a dedicated road widening up to 13.10 metres from Weber Street
centre line.
7. 211 Strange Street (A 2018-009): No concerns.
8. 7 Peachwood Court (A 2018-010): No concerns.
9. 241 and 247 Ottawa Street South (A 2018-011): No concerns.
10.481 Rivertrail Avenue (A 2018-012): No concerns.
11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns.
12. 223 to 235 Heiman Street (A 2018-014): No concerns.
13.298 Mill Street (A 2018-015): No concerns.
14.139 Rockcliffe Drive (future) (A 2018-016): No concerns.
15.143 Rockcliffe Drive (future) (A 2018-017): No concerns.
16. 647 Victoria Street South (A 2018-018): No concerns.
17. 659 Victoria Street South (A 2018-019): No concerns.
DOCS: 2643154
18. 185 Forfar Avenue (A 2018-020): No concerns.
19.185 Forfar Avenue (A 2018-021): 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 payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
' Grand River Conservation Authority
Resource Management Division
Beth Brown, Supervisor of
Resource Planning
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2307
E-mail: bbrown@grandriver.ca
DATE: January 31, 2018 YOUR FILE: See below
RE. Applications for Signs:
SG 2018-002 835 King Street West
SG 2018-003 125 Highland Road East
Applications for Minor Variance:
A 2018-005
12 Redtail Street
A 2018-006
48 Crosswinds Drive
A 2018-007
56 Crosswinds Drive
A 2018-008
1087 Weber Street East
A 2018-009
211 Strange Street
A 2018-010
Peachwood Court
A 2018-011
241-247 Ottawa Street South
A 2018-012
481 Rivertrail Avenue
A 2018-013
65, 71 & 79 Madison Avenue South
A 2018-015
298 Mill Street
A 2018-016
Rockcliffe Drive (future # 139)
A 2018-017
Rockcliffe Drive (future #143)
A 2018-018
647 Victoria Street South
A 2018-019
659 Victoria Street South
A 2018-020
185 Forfar Avenue (corner lot)
A 2018-021
185 Forfar Avenue (interior lot)
Applications for Consent:
B 2018-005
94 Morgan Avenue
B 2018-006 to 009 883 Doon Village Road
B 2018-010
Rockcliffe Drive (future #155-163)
B 2018-011
Rockcliffe Drive (future #159-163)
B 2018-012
Rockcliffe Drive (future #139 & 143)
B 2018-013
647 Victoria Street South
B 2018-014
185 Forfar Avenue (corner lot)
B 2018-015
185 Forfar Avenue (interior lot)
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
*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.