HomeMy WebLinkAboutDSD-18-187 - B 2018-122 - 20 Victoria Marie Crt & 15 Prince Albert BlvdStaff Repod
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
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www.kitchener. ca
Committee of Adjustment
December 11, 2018
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Craig Dumart, Junior Planner - 519-741-2200 ext. 7073
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November 27, 2018
DSD -18-187
APPLICATION #: B2018-122
20 Victoria Marie Court. & 15 Prince Albert Boulevard
Applicant: GSP Group Inc.
Approve with Conditions
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Location Map: 20 Victoria Marie Court. & 15 Prince Albert Boulevard
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Proposed lot fabrics
REPORT
Planning Comments:
The subject property is designated Medium Rise Residential in both the City's 2014 Official Plan
and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant
number of Medium Rise Residential policies from the 2014 Official Plan are under appeal and
therefore are not being relied upon for this report. Instead Medium Rise Residential Policies from
the 1994 Official Plan will apply. The subject property is zoned Residential Eight Zone (R-8) in
Zoning By-law 85-1 with Special Use Provision 117U and Special Regulation Provision 631R.
The subject property is currently developed with a mid -rise multiple six storey residential
building and the remainder of the lands are vacant. This property forms part of the broader
Victoria Common development, which consists of a mix of mid -rise multiple residential,
townhouse dwellings fronting on public streets, and townhouse dwellings fronting on private
roads (common element condominiums). The proposed severance will facilitate the
development of future medium rise residential developments on the severed and retained lands.
In July 2018 Minor Variance Application A2018-061 was approved to provide relief from Section
5.2 of the Zoning By-law to allow the development of land to not have frontage on a public
street, but rather to have access over a private roadway that leads to a public street. For the
purpose of the application the front lot line will be deemed the property line along Prince Albert
Boulevard.
The Owner is requesting consent to create a parcel of land with frontage along Prince Albert
Boulevard. The severed lot would have a lot width of 46.3 metres along Prince Albert Boulevard,
a depth of 107 metres, and an area of approximately 7100 square metres. The retained lands,
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(the remainder of subject property) would create two retained parcels, one parcel along St.
Leger Street developed with a six storey multiple dwelling (nearing condominium registration),
and one vacant parcel towards the rear of the subject property with frontage on Prince Albert
Boulevard. The retained parcel of land along St. Leger Street (six storey multiple dwelling
nearing condominium registration) would have a lot width of 31.5 metres along St. Leger Street,
a depth of 69.7 metres, and an area of approximately 2600 square metres. The retained Parcel
at rear of the property would have a lot width of 106.5 metres along Prince Albert Boulevard, a
depth up to 101 metres, and an area of approximately 6300 square metres.
City Planning staff conducted a site inspection of the property on November 9, 2018.
Existing vacant lands at 20 Victoria Marie Court. & 15 Prince Albert Boulevard
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 severed lot is desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with policy
3.1.3.1 of the City's Official Plan and conform to the Zoning By-law. Planning staff is of the
opinion that the size, dimension and shape of the proposed lots are suitable for the use of the
lands and compatible with the surrounding community. The lands front onto a private street and
full services are available. All necessary easements to provide access from St. Leger Street have
been provided over the private roads (common element condominiums) known as Prince Albert
Boulevard and Victoria Marie Court. These easements secure legal access to a visitor parking lot
servicing the two existing mid -rise buildings, as well as the future development of the subject lands.
Planning staff is of the opinion that the proposal conforms with the regulations of the Residential
Eight Zone (R-8) and Special Regulation Provision 631 R. The configuration of the proposed lots
can be considered appropriate for the use of the lands.
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Based on the foregoing, Planning staff recommends that Consent Application B2018-122,
requesting consent to sever the subject property into two lots to be approved, subject to the
conditions listed in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed consent. Separate building permit(s) will
also be required for the construction of all new buildings.
Heritage Comments:
There are no heritage concerns with respect to the proposed severance, however Heritage
Planning staff note that 20 Victoria Marie Court is adjacent to 160 Margaret Avenue which is a
listed property on the Municipal Heritage Register.
Environmental Planning Comments:
No Environmental Planning issues or concerns.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
Engineering Comments:
Confirmation that easements are registered on title to the surrounding property in favour of the
new parcel being created. These easements will be for sanitary, storm, water and stormwater
infrastructure.
Engineering requires confirmation from the Building Department that the creation of this lot does
not fall under the Non -Municipal Drinking Water Act.
Operations Comments:
Park land dedication will not be required on the severed parcels. Park dedication requirements
have been met through subdivision process 30T-11203, and are exempt from further dedication
requirements.
RECOMMENDATION:
That Application B2018-122 requesting consent to sever the subject property into two lots 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(ies) 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 Owner provide confirmation that easements are registered on title to the
surrounding property in favour of the new parcel being created. These easements
will be for sanitary, storm, water and stormwater infrastructure
4. That the Owner provides confirmation from the Building Department that the creation
of this lot does not fall under the Non -Municipal Drinking Water Act.
5. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
Craig Dumart, BES, MCIP, RPP
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
5
Region of Waterloo
File No. D20-20/18 KIT
December 4, 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 B2018-121 through
B2018-127
Committee of Adjustment Hearing December 11, 2018
CITY OF KITCHENER
B2018-121
N.A.K. Holdings Inc. / Latton Properties Inc.
59 Irvin Street
The owner/applicant is proposing to convey the rear portion of 59 Irvin Street to the
existing lot to the south which consists of 79, 83, 87 Scott Street; 68, 82 Weber Street
East; and 15, 25, 29 Pearl Place. The lot addition will increase the size of the existing
parcel to the south and the future use has not been determined.
Regional staff has no objection to the application.
B2018-122
1841362 Ontario Inc.
20 Victoria Marie Court and 15 Prince Albert Boulevard
The purpose of this application is to sever a portion of Block 4 of 58M-561 for the
purpose of sale in respect to the ownership and development of Building C and D
identified in the Victoria Common project. The proposed severance affects the centre
portion of Block 4 on 58M-561. The proposed severance is in the interests of the
potential sale of Buildings C and D identified in the development parcel
Document Number: 2874293 Version: 1
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Oscar and Sharon Lutz
218 Woolwich Street
The owner/applicant is proposing a lot addition to the property immediately to east
owned by Principia Development Ltd. to provide for the complete extension of Field
Sparrow Crescent.
Archaeological Assessment:
Regional Staff require the completion of an Archeological Assessment for the proposed
severed property prior to final approval of the consent application. This is due to the
proximity to Known Archaeological Resources (about 10m from the property line), and
its proximity to historically mapped buildings, and to watercourses (including the Grand
River).
• As per Regional Official Plan policy 3.G.9, the applicant is required to have a
licensed Archaeologist complete an Archeological Assessment for the entire
severed property, and that any adverse impacts to significant archaeological
resources found shall be mitigated, through preservation of the resource and/or
removal and documentation, at the expense of the owner.
• The applicant must submit the Archaeological Assessment report to the Ministry
of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy
of the Ministry's acceptance letter and the Assessment report to the Region of
Waterloo's Planning, Development and Legislative Services Department.
• Regional Staff request that if a Stage 3 is recommended by the licensed
Archaeologist, that the Region of Waterloo be circulated the Stage 1 and 2
Assessments and be consulted prior to beginning the Stage 3 Assessment.
Water Services:
The existing subject property is located in Waterloo Zone 4 with a static hydraulic grade
line of 381 mASL. Any development with a finished road elevation below 324.8 mASL
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.
Please note when the severed section of land is merged to Stage 2 of 30T-11205 it will
be located in a different pressure zone. It will be in pressure zone Kitchener Zone
4a with a static hydraulic grade line of 363.2 mASL.
Document Number: 2874293 Version: 1
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval the applicant complete an Archaeological Assessment
for the entire severed property and provide the Region of Waterloo with the
Ministry of Culture, Tourism and Sport acceptance letter.
B2018-124
Milorad Gutovic
34 Third Avenue
The owner/applicant is proposing a severance to create a new residential lot.
Corridor Planning:
At this location the severed and retained lands may experience traffic noise from
Provincial Highways (Highway 7 and 8). In lieu of a Transportation Noise Study,
Corridor Planning would be prepared to recommend that the owner enter into an
agreement with the City of Kitchener for the following noise warning clause:
"Purchasers/tenants are advised that sound levels due to high volume of road
traffic on Highway 7 and 8 may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of the Environment, Conservation and Parks
(MOECP)
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 327.8 mASL 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.
Regional staff has no objection to the application, subject to the following
conditions of approval:
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 Owner enter into a registered agreement with the
City of Kitchener to include the following warning clause in all agreements of
purchase and sale and/or rental agreements (for the severed and retained
parcels):
Document Number: 2874293 Version: 1
Purchasers/tenants are advised that sound levels due to high volume of
road traffic on Highway 7 and 8 may occasionally interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks (MOECP).
B2018-125
Edmir and Monika Hasanaj
60 Kehl Street
The owner/applicant is proposing a severance to create a new residential lot.
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 327.8 mASL 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.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
B2018-126
Nenad Gutovic
53 Second Avenue
The owner/applicant is proposing a severance to create a new residential lot.
Corridor Planning:
At this location the severed and retained lands may experience traffic noise from
Provincial Highways (Highway 7 and 8). In lieu of a Transportation Noise Study,
Corridor Planning would be prepared to recommend that the owner enter into an
agreement with the City of Kitchener for the following noise warning clause:
"Purchasers/tenants are advised that sound levels due to high volume of road
traffic on Highway 7 and 8 may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of the Environment, Conservation and Parks
(MOECP)".
Document Number: 2874293 Version: 1
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 327.8 mASL 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.
Regional staff has no objection to the application, subject to the following
conditions of approval:
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 Owner enter into a registered agreement with the
City of Kitchener to include the following warning clause in all agreements of
purchase and sale and/or rental agreements (for the severed and retained
parcels):
Purchasers/tenants are advised that sound levels due to high volume of
road traffic on Highway 7 and 8 may occasionally interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks (MOECP).
B2018-127
FM Limited Partnership c/o EIWO Canadian Management Ltd.
385 Frederick Street
The owner/applicant is proposing to recognize a Lease in Excess of twenty-one (21)
years.
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,
Matthew Colley
Planner
Document Number: 2874293 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: December 3, 2018 YOUR FILE: See below
RE: Applications for Minor Variance (Signs and Fences):
SG 2018-014 321 Fischer Hallman Road
SG 2018-015 371 Franklin Street North
FN 2018-003 626 Blair Creek Drive
Applications for Minor Variance:
A 2018-116
359 Alice Avenue
A 2018-123
106 Ahrens Street West
A 2018-125
810 Frederick Street
A 2018-126
468 Trussler Road
A 2018-128
24 Crosswinds Drive
A 2018-129
398 Rivertrail Avenue
A 2018-130
374, 380 & 384 Prospect Avenue
A 2018-131
414 & 424 Prospect Avenue
A 2018-133
121 Walter Street
A 2018-134
76 Grand Flats Trail
A 2018-135
171 Rivertrail Avenue
A 2018-136
248 Shady Glen Crescent
A 2018-137
1 Goodrich Drive/1 Chandaria Place
A 2018-138
242, 254 & 262 Queen Street South
A 2018-139
16 Chapel Hill Drive
Applications for Consent:
B 2018-121
59 Irvin Street
B 2018-122
20 Victoria Marie Court/15 Prince Albert Boulevard
B 2018-124
34 Third Avenue
B 2018-126
53 Second Avenue
B 2018-127
385 Frederick Street
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.
Holly Dyson
From:
Sent: 04 December, 2018 2:41 PM
: Hol
Cc
Cc:
Subject: Committee of Adjustment Application B 2018-122
I'm writing in regards to application B 2018-122 as I'm unable to attend the Committee of Adjustment meeting
due to my baby's schedule.
As a resident of Prince Albert Blvd and the Victoria Common neighbourhood, my only concern is that the
current developer or any future developers be held accountable for the work that has been promised to residents
of this area. As it stands, we've been waiting three years for the following to be completed:
- sidewalks
- road resurfacing
- landscaping
My concern is that if they are looking to sever this parcel of land, they may look to sell it and residents may
never see any of the work finished, leaving our condo boards on the hook for completing the work.
There are unfinished gaps in our sidewalks leaving them impossible to walk on for anyone with accessibility
issues or with small children, weeds growing in areas that should be landscaped, loose sewer grates (some have
broken from cars driving over them), and curbs that are too high for the street (car bumpers scrape over the curb
coming out of our driveway and no one is able to step up onto a sidewalk on Victoria Marie Crt). The
undeveloped land has been left in disarray with fences that blow down easily and construction equipment and
debris is easily accessible by neighbourhood children. Our condo board hasn't been able to do much beyond talk
to the City of Kitchener planners as Queensgate or MQ Developments won't give out names or contacts of
anyone beyond an onsite building manager.
We knew when purchasing in this neighbourhood that it might take some time to complete the condo buildings
and that there may be construction over a number of years, but there are so many things abandoned by the
developers that I have concerns about any future plans for this parcel of land. We've given up hope that they
will live up to some of the promises of common areas featuring splash pads and retail, but I would like to see
the city hold any developers owning this property accountable for the bare minimum work that is owed to
surrounding residents.
Sincerely,
Kitchener