HomeMy WebLinkAboutCSD-18-083 - B 2018-026 and B 2018-027 - 114-120 Victoria Street SouthJ
Staff Report
Community Services Department www.kitchenerca
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: Juliane von Westerholt, Senior Planner — 519-741-2200 ext.
7157
WARD: 9
DATE OF REPORT: April 6, 2018
REPORT #: CSD -18-083
SUBJECT: Application B2018-026, and B2018-027
114-120 Victoria Street South
Applicant — GSP Group
Approve with Conditions
Location Map: 1"14-1 LU victoria Jtreet soutn
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
RECOMMENDATIONS
That application B2018-0026, requesting permission to sever a parcel of land
from 114-120 Victoria Street that has a width of 40.8 metres, a depth of 65.6
metres, and an area of 2673.6 square metres and to retain a parcel having a
lot width of 64.9 metres with a depth of 65.6 metres and an area of 3878 metres
squared and to establish reciprocal shrinking blanket easements for the
purpose of rights of access for both pedestrians and vehicles as well as
parking 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 .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 make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to
the severed lands and/or retained lands.
4. That the owner make financial arrangements for the installation, to City
standards, of boulevard landscaping including street trees, and a paved
driveway ramp, on the severed lands and/or retained lands to the
satisfaction of the City's Engineering Services.
5. That a servicing plan showing outlets to the municipal servicing system be
provided for both the severed and retained lands to the satisfaction of
Engineering Services .
6. That the Zoning By-law 2018-036 be in full force and effect or that an
appropriate minor variance application be submitted and approved with
respect to any matters of zoning compliance to the satisfaction of the
Director of Planning.
7. 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 (optional: in consultation with the City's
Director of Planning):
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 and shall not be amended, released or otherwise
dealt with without the express written consent of the City.
8. That a satisfactory Solicitor's Undertaking to register the approved
Transfer Easement(s) and to immediately thereafter provide copies thereof
to the City Solicitor be provided to the City Solicitor.
9. 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 severed and retained lands.
10. That the owner make financial arrangements to the satisfaction of the
City's Engineering Services for the installation, to City standards, of
boulevard landscaping including street trees, and a paved driveway ramp,
on the severed lands, or otherwise receive relief from Engineering Services
for this requirement.
11. That the Owner provides Engineering staff with confirmation that the
basement elevation of the building 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 forcemain to the property line and have a gravity sewer from the
property line to the street, at the cost of the Owner.
12.That prior to final approval, the Region shall approve the environmental
noise study entitled "Noise Feasibility Study, Proposed Mixed -Use
Development, 114-120 Victoria Street South, Kitchener, ON" dated October
25, 2017 as prepared by HGC Engineering, and, if necessary, based on the
findings of the report, the applicant shall enter into a Registered
Development Agreement with the Region of Waterloo and/or the City of
Kitchener, to implement the recommendations of the report.
13. That the Owner submit and receive approval of all building permits
including any required demolition permits for any buildings currently on
site as well as permits for new construction.
II. That Application B2018-027 proposing to create a blanket easement over the
retained lands in favour of the severed lands for the purpose of storm water
management to be approved, subject to the following conditions:
1. That Application B2018-026 receives full and final approval.
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 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.
4. 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 (optional: in consultation with the City's
Director of Planning):
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 and shall not be amended, released or otherwise
dealt with without the express written consent of the City.
5. That a satisfactory Solicitor's Undertaking to register the approved
Transfer Easement(s) and to immediately thereafter provide copies thereof
to the City Solicitor be provided to the City Solicitor.
City Planning staff conducted a site inspection of the property on April 9, 2018.
Subject Property: 114-120 Victoria Street South
REPORT
Planning Comments:
The subject property is designated `Innovation District' in the Official Plan (OP) and is
located in the Central Major Transit Station Area at the future site of the Multi -modal
Transit Hub. The Innovation District is characterized by many old large industrial
buildings which either have been converted to loft style office, residential and other
viable uses or have the potential to do so. This area of the city is expected to evolve
and transform into a dense urban contemporary setting with continued growth in the
high tech industry coupled with the research office uses affiliated with the nearby post-
secondary institutions.
The City's Official plan policy framework found in Policies 15.D.2.50 to 15.D.2.52
encourage growth in this area to occur by permitting a full range of complimentary
commercial uses and encouraging high density residential uses. Through Policy
15.D.2.54 the City also recognizes the importance of conserving cultural heritage
resources within the former warehouse district, now the Innovation District. The
applicant has proposed the creation of a lot and the creation of blanket easements over
the severed and retained lots for access and for sanitary servicing. The lands will be
developed with a 6 storey office building and an addition to the existing building, which
is a cultural heritage resource (former Huck Glove Building) that is being conserved
through this process. The retained property will be developed with a 26 storey mixed
use tower which includes residential and at grade commercial uses.
The lands have recently gone through a rezoning process and a site specific zoning by-
law has been passed by Council on March 19, 2018 to allow an increase in FSR from
3.0 to 7.0 through the use of Bonusing and a Section 37 Agreement, a parking reduction
from 411 to 233 spaces for the entire site to be shared between all the uses and to be
unbundled from the residential units, to recognize multiple setbacks that would permit
the development as shown on the site plan attached to this application and finally to
require a holding provision that is to be lifted by by-law once a record of site condition is
completed for the subject lands and has received the MOECC approval. The last day to
appeal this by-law is on April 17, 2018, which coincides with the Committee of
Adjustment date. Since the by-law will not be in full force and effect by the date of the
Committee of Adjustment meeting scheduled to deal with the consents subject to this
application, staff will be requesting a condition of approval that the Zoning By-law 2018-
034 be in full force and effect or that an appropriate application for a minor variance be
submitted to ensure zoning compliance for the creation of the lots.
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
severances conform to the City's Official Plan and will allow for orderly development
that is compatible with the existing community. The severed and retained lots will both
comply with the regulations of the Warehouse District Six (D-6) zone once by-law 2018-
034 is in effect. 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 service
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.
Based on the foregoing, Planning staff recommends that Consent Applications B2018-
026 and , B2018-027, requesting permission to sever a parcel of land from 114-120
Victoria Street that has a width of 40.8 metres, a depth of 65.6 metres, and an area of
2673.6 square metres and to retain a parcel having a lot width of 64.9 metres with a
depth of 65.6 metres and an area of 3878 metres squared and to establish reciprocal
shrinking blanket easements for the purpose of rights of access for both pedestrians
and vehicles as well as parking for both the severed and retained parcels; and a
second blanket easement over the retained lands in favour of the severed lands for the
purpose of the provision of storm water management be approved subject to the
conditions outlined in the Recommendations section of this report.
View of 114-120 Victoria Street South looking south.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and
Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal
Services (DGSSMS) allows only one service per lot. Should a severance be approved,
additional services will be required for severed lot — a building permit will be required for
this work. Separate building permit(s) will also be required for the demolition of all existing
buildings, as well as construction of all new buildings.
Transportation Comments:
Transportation Services have no concerns with the proposed application. Please note
that the required sidewalks are already negotiated in the Site Plan process.
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 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.
Region of Waterloo Comments:
The Region has no objection provided the following condition be included:
That prior to final approval, the applicant provide an update to the environmental noise
study entitled "Noise Feasibility Study, Proposed Mixed -Use Development, 114-120
Victoria Street South, Kitchener, ON" dated October 25, 2017 as prepared by HGC
Engineering, and, if necessary, based on the findings of the report, enter into a
Registered Development Agreement with the Region of Waterloo and/or the City of
Kitchener, to implement the recommendations of the report.
Juliane von Westerholt, MCIP, RPP
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 N2G 4J3 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
B2018-026 and B2018-027
Committee of Adjustment Hearing April 17, 2018
CITY OF KITCHENER
B 2018-026 and B2018-027
114-120 Victoria Street South
114-120 Victoria Street South Inc.
The purpose of the application is to sever the site into two lots and to establish
reciprocal shrinking blanket easements for rights of access and stormwater
management.
Community Planning
Fee
The Region acknowledges receipt of the required Consent Application Fee of $350.00.
Corridor Planning
Noise
The applicant has submitted an environmental noise study entitled "Noise Feasibility
Study, Proposed Mixed -Use Development, 114-120 Victoria Street South, Kitchener,
ON" dated October 25, 2017 as prepared by HGC Engineering.
Document Number: 2695988
Region staff have identified several items that need clarification on the study as it
pertains to stationary noise and have brought these items to the attention of the noise
consultant. As such, an update to the report will be required. If necessary, based on
the findings of the report, the applicant will be required to enter into a Registered
Development Agreement with the Region of Waterloo and/or the City of Kitchener to
implement the recommendations of the report.
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 provide an update to the environmental
noise study entitled "Noise Feasibility Study, Proposed Mixed -Use Development,
114-120 Victoria Street South, Kitchener, ON" dated October 25, 2017 as
prepared by HGC Engineering, and, if necessary, based on the findings of the
report, enter into a Registered Development Agreement with the Region of
Waterloo and/or the City of Kitchener, to implement the recommendations of the
report.
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,
n �
Carolyn Crozier M.Sc.PI, MCIP, RPP
Principal Planner
Document Number: 2695988
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N 1 R 5W6
Resource Management Division Phone: (519) 621-2761 ext. 2319
Trisha Hughes, Resource Planner Fax: (519) 621-4945
E-mail: thug hes@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
April 5, 2018 B2018-026 to 027 — 114-120 B2018-026-027 — 114-120
Victoria Street South Victoria St S
RE: Application for Consent B2018-026 to B2018-027
114-120 Victoria Street South, City of Kitchener
114-120 Victoria Street South Inc.
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted consent
application.
BACKGROUND:
1. Resource Issues:
Information currently available at our office indicates that a small portion of the subject
property is within the flood fringe portion of the floodplain associated with Schneider Creek,
as well as the 5 metre regulatory allowance to the floodplain.
2. Legislative/Policy Requirements and Implications:
It is our understanding that the applicant is proposing to sever the subject property into two
lots. We have no objection to the severance based on the sketch prepared by ACI Survey
Consultants (revised January 9, 2018), as there is sufficient area on both the retained and
severed lots for future development outside the regulated area.
Please note that any future development proposed within GRCA regulated areas will require
prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation
150/06.
3. Plan Review Fees:
The GRCA applies Plan Review Fees for Planning Act applications located within GRCA
areas of interest. This application is considered a 'minor' consent application. Where
multiple applications are submitted for the same property, the highest fee is applied.
Recently we have also commented on a minor variance application, zone change
application and site plan application where we received a fee of $390. Therefore, we will
not charge for our review of this consent application.
Page 1 of 2
* These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
//,v/ hW
risha Hughes
Resource Planner
Grand River Conservation Authority
cc: 114-120 Victoria Street South Inc., 697 King Street West, Suite 205A, Kitchener, ON
N2G 1C7
GSP Group Inc., 72 Victoria Street South, Suite 201, Kitchener, ON N2G 4Y9
Page 2 of 2
' These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority