HomeMy WebLinkAboutCSD-18-081 - B 2018-024 - 259, 275 and 335 Gage AvenueJ
Staff Report
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REPORT TO: Committee of Adjustment
DATE OF MEETING: April 17, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner — 519-741-2200 ext. 7157
PREPARED BY: Catherine Lowery, Junior Planner — 519-741-2200 ext. 7071
WARD: 8
DATE OF REPORT: April 9, 2018
REPORT #: CSD -18-081
SUBJECT: Application B2018-024 — 259, 275, and 335 Gage Avenue
Applicant — Trevor Hawkins, MHBC Planning
Approve with Conditions
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Location Map: 259, 275, and 335 Gage Avenue
RECOMMENDATION
That Application B2018-024, requesting consent to sever the existing property addressed
as 259, 275, and 335 Gage Avenue to create a new lot with lot widths of 46 metres and
25.5 metres, a depth ranging from 125 metres and 128.65 metres, and a lot area of 1.5615
hectares, be approved, subject to the following conditions:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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.
2. 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.
3. That the Owner shall submit a draft reference plan showing the boundaries of the
lands to be conveyed for approval by the City's Director of Planning.
4. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Services Division for the installation of all new service connections
and the removal of redundant services to the retained lands.
5. That the Owner provide a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
6. That any new driveways be built to City of Kitchener standards at the Owner's
expense prior to occupancy of the building to the satisfaction of the City's
Engineering Division.
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 Services for
the retained lands.
8. That the Owner provides Engineering staff with confirmation that the basement
elevation of the house can be drained by gravity to the street sewers, to the
satisfaction of the Director of Engineering Services. Where this cannot be
achieved, the owner is required to pump the sewage via a pump and force main to
the property line and have a gravity sewer from the property line to the street, at
the cost of the Owner.
9. That the owner obtains site plan approval for both the severed and retained lands
to the satisfaction of the Manager of Site Development & Customer Service.
10. That the Owner obtains Zoning (Occupancy) Certificates for the severed and
retained lands from the Planning Division.
11. That the Owner provide a building code assessment prepared by an architect or
engineer related to exposing building faces, specifically to spatial separation
calculations, for the building wall faces as they relate to the proposed severance
line, to the satisfaction of the City's Chief Building Official prior to endorsement of
the deed for the severed lands. In addition, the owner shall obtain a building
permit to complete any remedial work/upgrade exterior walls and/or close
openings recommended by the building code assessment and complete said
remedial work/upgrades, pending results of the spatial separation calculation
results, to the satisfaction of the City's Chief Building Official, prior to
endorsement of the deed for the severed lands.
12. That the owner make financial arrangements, to the satisfaction of the City's Director
of Engineering Services, for 100 percent of the cost of a municipal sidewalk on Gage
Avenue, along the full width the severed lot.
REPORT
Planning Comments:
The subject property is designated General Industrial Employment in the City's Official Plan and
zoned General Industrial Zone (M-2) in Zoning By-law 85-1. The Applicant is proposing to sever
the existing property into two separate lots, each having frontage onto Gage Avenue. The
existing property is currently developed with three industrial buildings and is irregularly shaped
due to an existing public utility parcel owned by the City. There are currently two frontages on
Gage Avenue, and as such the property has two lot widths of 207 metres and 46 metres (taken
at the 6 metre setback), a depth ranging from 119.38 metres and 128.651 metres, and an area
of 3.78 hectares.
The purpose of this application is to sever the existing building addressed as 335 Gage Avenue
from 259 and 275 Gage Avenue. The severed lot will maintain the existing irregular shape with
two frontages on Gage Avenue, with lot widths of 25.5 metres and 46 metres, a depth ranging
from 125 metres and 128.65 metres, and an area of 1.56 hectares. The retained lot will have a
lot width of 181.5 metres, a depth ranging from 119.38 metres and 125 metres, and an area of
2.22 hectares.
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, Planning staff is of the opinion that the proposed severance
conforms to the City's Official Plan, which permits a range of industrial uses. The severed and
retained lots comply with the regulations of the General Industrial (M-2) zone. The dimensions
and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands,
the lands front on an established public street, and both parcels of land can be serviced with
independent and adequate connections to municipal services. Staff is further of the opinion that
the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan
for the Greater Golden Horseshoe.
To confirm there is adequate parking on site for the existing uses and that parking complies with
the Zoning By-law, Planning staff recommends the Owner apply for Zoning (Occupancy)
Certificates for both the severed and retained lands prior to deed endorsement. Staff further
recommends that site plan approval reflecting the proposed severance be required for the
severed and retained lands.
City Planning Staff conducted a site inspection of the property on March 28, 2018.
Severed Lands — 335 Gage Avenue
Retained Lands — 259 and 275 Gage Avenue
Based on the foregoing, Planning staff recommends that Consent Application B2018-024
requesting consent to sever the existing property addressed as 259, 275, and 335 Gage
Avenue in order to create a new lot with lot widths of 46 metres and 25.5 metres, a depth
ranging from 125 metres and 128.65 metres, and a lot area of 1.5615 hectares, 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 applications provided:
An Architect or Engineer is retained to complete a building code assessment as it relates to the
new proposed property line and any of the building adjacent to this new property line shall
addresses such items as:
o 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.
A building permit shall be obtained for any remedial work/upgrades required by the building
code assessment.
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. The sump
pump should be connected to a service lateral going to the municipal storm sewer.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new services that may be required to service this property, all
prior to severance approval. Our records indicate municipal water, storm and sanitary
services are currently available to service this property. Each severed lot will require a
sanitary, a storm (for new foundations only) and a water service. Any further enquiries in
this regard should be directed to Natasha Prepas-Strobeck (519-741-2200 ext. 7136).
• Any new driveways are to be built to City of Kitchener standards. All work is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system and proposed easements
will be required to the satisfaction of the Engineering Division prior to severance approval.
• As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along
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 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.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application subject to the following
condition:
• Future sidewalks are required on Gage Avenue only along the frontage of the severed portion
of lands. The applicant should pay the equivalent fee of the required sidewalk.
Operations Division 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:
Heritage Planning staff has no concerns with the application. The Owner is advised that the
property is located adjacent to the Canadian National Railway Line Cultural Heritage Landscape
(CHL). The Kitchener Cultural Heritage Landscape Study (CHLS) date 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 and the 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 and Policy Planner for more information.
Environmental Planning Comments:
As no redevelopment is proposed, Environmental Planning has no concerns.
Catherine Lowery, BES, MCIP, RPP Juliane von Westerholt, MCIP, RPP
Junior Planner Senior Planner
Region of Waterloo
File No. D20-20/18 KIT
April 6, 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 N213 4A Canada
Telephone:519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications
B2018-016, B2018-024 to B2018-025, B2018-028 to
B2018-030
Committee of Adjustment Hearing April 17, 2018
CITY OF KI TCHENER
B 2018-016
3 Chapel Hill
Roy and Murielle Stewart
The purpose of this application is to create a new lot for residential development. The
application was amended slightly in regards to the easement and location. No changes
were made with the severance to this amended application. The Region's previous
comments regarding B2016-016 still apply.
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.
Document Number: 2693646
Corridor Planning
Noise
The subject lands will be impacted by transportation noise from Caryndale Drive. The
applicant is required to enter into a registered development agreement with the City of
Kitchener 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:
"Purchasers / tenants are advised that sound levels due to increasing road traffic on
Caryndale Drive 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 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 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:
i. "Purchasers / tenants are advised that sound levels due to increasing
road traffic on Caryndale Drive may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed
Document Number: 2693646
the sound level limits of the Regional of Waterloo and the Ministry of
the Environment and Climate change."
ii. "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."
B 2018-024
259, 275 and 335 Gage Avenue
Twin City Dry Storage Ltd.
The purpose of this application is to sever 335 Gage Avenue from 259-275 Gage
Avenue. The parcels will contain existing buildings and no changes to existing industrial
uses are proposed.
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.
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.
B 2018-025
50 Brookside Crescent
Michael Krause
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.
Document Number: 2693646
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.
B 2018-028
Rockcliffe Drive (future #119-127)
Primelands Developments (2003) Limited
The purpose of the application is to create new lots from existing blocks created as part
of the registration of Stage 4b within the Huron Woods subdivision.
Regional staff has no objection to the application.
B 2018-029
Rockcliffe Drive (future #123-127)
Primelands Developments (2003) Limited
The purpose of the application is to create new lots from existing blocks created as part
of the registration of Stage 4b within the Huron Woods subdivision.
Regional staff has no objection to the application.
B 2018-030
151 Fifth Avenue
Vladan Knezevic
The purpose of the application is to create a new lot for future 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.
Water Services:
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 327.8mASL 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.
Document Number: 2693646
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.
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,
Matthew Colley
Principal Planner
Document Number: 2693646
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: April 5, 2018
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@g randriver. ca
YOUR FILE: See below
RE: Applications for Minor Variance:
A 2018-024(amended)
2 Crossbridge Avenue
A 2018-030
397 Greenfield Avenue
A 2018-033
14 Ellen Street West
A 2018-034
731 Huron Road
A 2018-035
47 Floyd Street
A 2018-036
810 Frederick Street
A 2018-037
396 Victoria Street South
A 2018-038
105 Brubacher Street
A 2018-039
Rockcliffe Drive (future #123)
A 2018-040
Rockcliffe Drive (future #127)
A 2018-041
151 Fifth Avenue
A 2018-042
151 Fifth Avenue
Applications for Consent:
B 2018-016(amended) 3 Chapel Hill Drive
B 2018-024 259, 275 & 335 Gage Avenue
B 2018-025 50 Brookside Crescent
B 2018-028 Rockcliffe Drive (future #119-127)
B 2018-029 Rockcliffe Drive (future #123 & 127)
B 2018-030 151 Fifth 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,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
TH/dp
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of ]
Grand River Conservation Authority.