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Home My WebLink AboutDSD-18-133 - A 2018-108 - 400 Bingemans Centre DrStaff Report Development Services Department F:, a x www.kitch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: October 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: #1 DATE OF REPORT: October 4, 2018 REPORT #: DSD -18-133 SUBJECT: A2018-108 — 400 Bingemans Centre Drive Owner — Summit (400 Bingemans Centre Drive) Ltd. Recommendation: Defer Food13a NateA6o Igion Location Map: 400 Bingemans Centre Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Existing setback and berm at 400 Bingemans Centre Drive (Photo - September 20, 2018) REPORT Planning Comments: The subject land are located at 400 Bingemans Centre Drive. The lands contain Waterloo Brewing and back onto the main railway line. The lands have split designation and zoning. More specifically, the western half of the property is designated Heavy Industrial Employment and zoned Heavy Industrial Zone (M-4) with Special Use Provision 46U. The eastern half of the property is zoned Restricted Business Park Zone (B-2) with Special Use Provision 336U and Special Regulation Provision 416R. Both zones permit the Waterloo Brewery manufacturing and warehouse operations, however the zones have different setback and berm requirements for buildings adjacent to the railway. The M-4 zone requires no setback or berm, whereas the B-2 zone requires a 15 metre setback and a 2.0 metre high safety/derailment berm. The setback safety/derailment berm requirement was added to the B-2 portion of the lands in 2004 at the time the industrial lands were rezoned to support the development of the lands as a business park. These features were implemented at the request of CN Rail as safety features in the case of a derailment. Policy 6.C.3.18 of the City's Official Plan requires that proposed development or redevelopment adjacent to railways will ensure that appropriate safety measures such as setbacks, berms and security fencing are approved to the satisfaction of the City in consultation with the appropriate railways. The City is also in receipt of a proposed Site Plan application for the proposed addition. Notice of this variance application and the associated Site Plan were circulated to the rail authority for comment, however comments are still pending. Based of the foregoing, staff feel that it is appropriate to defer consideration of the application at this time, to allow the rail authority the opportunity to comment on the proposal, and to further inform the City as to the appropriateness of the proposed variances. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed addition is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the subject application. Engineering Comments: Engineering has no concerns with the subject application. RECOMMENDATION That application A2018-108 be deferred. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo October 9, 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 No.: D20-20/VAR KIT GEN 1, 4, 8, 9, 10 Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. SG 2018-010 — 505 Franklin Street North, Steve Roth (City of Kitchener) 2. SG 2018-011 — 1700 Queens Boulevard, Steve Roth (City of Kitchener) 3. SG 2018-012 — 22 Frederick Street, EuroPro GP Inc. 4. A 2018-106 — 15 Tartan Avenue, Primeland Developments (2003) Limited 5. A 2018-107 — 624 King Street West, Rahim Anwar 6. A 2018-108 — 400 Bingemans Centre Drive, Summit Ltd. 7. A 2018-109 — 1331 Countrystone Drive, Sunvest Development Corp. 8. A 2018-110 — 97 Rivertrail Avenue, 25229365 Ontario Inc. 9. A 2018-112 — 84 Mansion Street, Gary & Neda Cushing 10. A 2018-113 — 56 Cameron Street North, Tony Rossel 11. A 2018-114 — 227 Manitou Drive, Ali Rasoul 12. A2018-115 — 1425 Block Line Road, NVU — Homer Watson Ltd. 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Document Number: 2839402 Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — VAR KIT — Kitchener, City of/Fire Station 3 — 06 FREDERICK GEN 5 — 15 KING KIT — Scherifali, Ahmet 6 — VAR KIT — Brick Brewing Co. 7 — 57 — Sunvest Development Corp. 11 — 69 — Rasoul, Ali 12 — 28 — Northview Apartment REIT Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE October 4, 2018 YOUR FILE: See below Applications for Minor Variance (Sign): SG 2018-010 505 Franklin Street North/39 Midland Drive SG 2018-011 1700 Queens Boulevard SG 2018-012 22 Frederick Street Applications for Minor Variance: A 2018-104 387 King Street East A 2018-106 15 Tartan Avenue A 2018-107 624 King Street West A 2018-108 400 Bingemans Centre Drive A 2018-109 1331 Countrystone Drive A 2018-110 97 Rivertrail Avenue A 2018-112 84 Mansion Street A 2018-113 56 Cameron Street North A 2018-114 227 Manitou Drive A 2018-115 1425 Block Line Road Applications for Consent: B 2018-116 357 King Street East 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, Andrew Herreman Resource Planning Technician Grand River Conservation Authority "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.