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Home My WebLink AboutDSD-18-141 - B 2018-116 - 357 King St EStaff Repoil Development Services Department J wR www.kitchener. ca 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: Lisa Thompson, Planning Technician 519-741-2200 ext. 7847 WARD: 9 DATE OF REPORT: October 2, 2018 REPORT #: DSD -18-141 SUBJECT: APPLICATION #: B2018-116 357 King Street East Applicant: Johanna Crespo, James Fryett Architect Inc. Approve with Conditions .33 339 3 47 343 3 IV rr i J r If/ ;r REPORT 388390 Location Map: 357 King Street East Planning Comments: The subject property is designated Mixed Use Corridor — King Street East Neighbourhood Plan in the City's 1994 Official Plan and zoned Mixed Use Three (MU -3) with Special Regulation 544R in Zoning By-law 85-1. The subject property is currently developed with a multi -tenant commercial building. The Owner is requesting permission to create an access easement of a small portion of the property for access purposes for a new development proposed on the adjacent lands at 387 King Street East. The easement would have a width of 2.41 metres, a depth of 10.72 metres and an area of 25.85 square metres. City Planning staff conducted a site inspection of the property on October 1, 2018. ,r E f i r iv+!t It r-" -I Proposed Easement Location (in favour of future mixed use development) 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, staff is satisfied that the creation of the access easement is desirable and appropriate. Granting the access easement in favour 387 King Street East will support the large mixed use development proposed for 387 King Street East and will not compromise the function or use of 357 King Street East. The effect of the easement will remove one existing parking space on 357 King Street East, however the development at 387 King Street East will be providing twelve (12) off-site parking spaces for 357 King Street East including the displaced space. Based on the foregoing, Planning staff recommends that Consent Application B2018-116, requesting consent to create an access easement over the subject property in favour of 387 King Street East be approved, subject to the conditions listed in the Recommendation section of this report. Building Comments: No concerns with the proposed consent. Heritage Comments: No concerns with the proposed consent. Environmental Planning Comments: No concerns with the proposed consent. 2 Transportation Services Comments: No concerns with the proposed consent. Engineering Comments: No concerns with the proposed consent. Operations Comments: Park land dedication will not be required for this application. The property is within the Kitchener Downtown Core Area and is exempt from dedication. RECOMMENDATION: That Application B2018-116 requesting consent to create an access easement having a width of 2.41 metres, a depth of 10.72 metres and an area of 25.85 square metres in favour of 387 King Street East 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 Agn (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 Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement 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 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 4. 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. Lisa Thompson, CPT Planning Technician Juliane von Westerholt BES, MCIP, RPP Senior Planner 3 Region of Waterloo File No. D20-20/18 KIT October 5, 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 SEHVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U 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 Application B2018-116 Committee of Adjustment Hearing October 16, 2018 CITY OF KITCHENER B2018-116 357 King Street East 2343439 Ontario Inc. The owner/applicant is proposing an easement for access along the southerly property line of 357 King Street East in favour of the property municipally addressed as 3387 King Street East. Regional staff has no objection to the application. 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, mnlie4l-- Matthew Colley Planner Document Number: 2831819 Version: 1 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.