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HomeMy WebLinkAboutCSD-18-081 - B 2018-024 - 259, 275 and 335 Gage AvenueJ Staff Report KITc�►��T�R Community Services Department wmkitcheneua 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 I OKI 2 21 \ M114, O\ 524 ��\\ ) '11A. \ _• 56154 PNO 271 2 Subject Lands 115 \�o �525 a `,r 1U4 13s '13'1 i \yy C2-" . � TU � �� 541 �.. •� !149 _,� 189 I ao ' 145 \ ; ,.\���` •\ �� �� •, �/ /`� 259 �J A� 482 185•• \\\�, \1 J \ 21 1'\ �20 k 1si93 275 335 Q X325 �VICTOHW HILLS \ Jehrn,.ih'S',v'h s - 340 R 9 38 li a 44 4fi \ ]]o r 41 36o 01 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.