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HomeMy WebLinkAboutDSD-19-129 - B 2019-021 to B 2019-023 - 20-24 Breithaupt St, Wellington Ave N, Moore AveStaff Report _x Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 10 DATE OF REPORT: May 13, 2019 REPORT NUMBER: DSD -19-129 SUBJECT: Applications B2019-021, B2019-022, B2019-023 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, 20 Breithaupt Street Owners — Breithaupt Block Inc., 2184647 Ontario Limited, Frederick Andrew Dobson, Paul Raymond Taylor, Kim Taylor, & Daniel Paul Taylor Applicant — Adrianne Bobechko, Perimeter Development Corporation Approve with Conditions X 0 Report: The lands are now designated as Mixed Use with Specific Policy Area 39 and zoned as High Intensity Mixed Use Corridor (MU -3) with Special Regulation Provisions 716R, 717R, & 718R and Special Use Provisions 465U and 468U. The Official Plan policies and Zoning By-law regulations are site specific and would permit an office building subject to specific height and setback Staff Report Development Services Department K_x wwwkitchener. ca provisions, among other considerations. The site specific applications to change the land use permissions were subject to public consultation. The Owner received final approval of an Official Plan Amendment and Zoning By-law Amendment applications for the subject lands, issued by the Local Planning Appeal Tribunal on May 3, 2019. The Owner is now proceeding with site plan and related development applications to develop the property with an office building. Three applications have been received by the City of Kitchener. Application B2019-021 — Severance Application This application requests permission to sever 20 Breithaupt Street into two parcels, where the severed lands (red horizontal stripes below) would be consolidated with 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North and a portion of the lane to be closed (in black with no stripes below). The severance is requested for construction financing reasons, and all lands will remain in the same ownership. WELLINGTON STREET NORTH _ �PUBI 0- NO zt E AALN t P H �nk4a5 .k J ir.a[lly.pr NMdIY� .. BREJT"AUPT �8i STREET SEYE �� '.`ar • ru.. ie+e.. ...... tem e•1t1c The application proposes to sever a portion of 20 Breithaupt Street that has 43.2 metres of frontage along Breithaupt Street, a depth of 48.1 metres, and a lot area of 2069.0 square metres. As a condition of site plan approval, once all lands are in the same ownership, the severed lands will be consolidated with 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, and a portion of the lane that is proposed to be closed. The consolidated parcel will be developed with an office building. The retained lands will be municipally addressed as 30 Breithaupt Street, and are proposed to remain as surface parking at this time. The requested easement will ensure that the lots can function as a comprehensive site in terms of servicing and access, notwithstanding the proposed severance. Staff Report Development Services Department w �x wwwkitchener. ca 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 and the configuration of the proposed lots will comply with the regulations of the site specific zones. 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. The purpose of the severance is to have two separate parcels to accommodate construction financing considerations for the portion which will be redeveloped at this time. Based on the foregoing, Planning staff recommends that Consent Application B2019-021 requesting consent to sever the subject property be approved subject to the conditions listed in the Recommendation section of this report. Application B2019-022 — Easement Application This application requests permission to create a 14.1 metre wide easement (shown with red hatching below) over a portion of the severed lands (red horizontal stripes below), in favour of the retained lands (green vertical stripes below). The easement is proposed to accommodate access, parking, and servicing with the severed lands. VVELL#NGTON STREET NORTH M i LANI s Cit I" 5UTAW BRF-IT°HAUPT �+it}wn�ra r:n �iai Y5 Iffl-EW This application proposes an easement over a portion of the severed lands, in favour of the retained lands. The easement is proposed to accommodate access, parking, and servicing with the severed lands. The proposed easement is 14.0 metres wide along Breithaupt Street and 14.1 metres wide along the lane, 48.1 metres deep, with an area is approximately 678.2 square metres. Staff Deport Development Services Department 1 wR wwwki tchener. c a 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 proposed easement is desirable and appropriate. The size, dimensions and shape of the proposed easement is suitable for the use of the lands. The severed lands, along with 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, and a portion of the lane that is proposed to be closed, have been comprehensively planned to be developed with an office building. Planning staff is of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe and the City's Official Plan. Based on the foregoing, Planning staff recommends that Consent Application B2019-022 requesting an easement over a portion of the severed lands be approved subject to the conditions listed in the Recommendation section of this report. Application B2019-023 — Lease in Excess of 21 Years This application requests permission to enter into a lease agreement for 27,318 square metres (294,057 square feet) (proposed building shown as grey below) in excess of 21 years to a single tenant. The lands include all of 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, 20 Breithaupt Street, and a portion of the lane that is proposed to be closed (teal hatching below). WELLINGTON STREET NORTH UREIiTHAUP : STREET '��. i. The Owner has requested consent to enter into a lease agreement in excess of 21 years all of 2- 12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, 20 Breithaupt Street, and a portion of the lane that is proposed to be closed. The lease would apply to all floor area of a proposed building, with a total floor area of 27,318 square metres (294,057 square feet). Under section 50.(3) of the Planning Act no person shall "enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more unless... (f) a consent is given to convey, mortgage or charge the land, Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca or grant, assign or exercise a power of appointment in respect of the land or enter into an agreement in respect of the land". Staff is of the opinion that the requested consent would not have any negative impacts and support the proposed lease. Further, staff is of the opinion that the proposed lease in excess of 21 years is consistent with the policy statements issued under subsection 3(1) of the Planning Act, does not conflict with any applicable provincial plans, and conforms to the City's Official Plan. The approved zoning permits the proposed office building. Based on the foregoing, Planning staff recommends that the application requesting a lease agreement in excess of 21 years for all of 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, 20 Breithaupt Street, and a portion of the lane that is proposed to be closed, encompassing all floor area of the proposed building, with a total floor area of 27,318 square metres (294,057 square feet), be approved. Building Comments: The Building Division has no objections to the proposed applications. Transportation Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concern with the proposed severance, easement, and lease. The Kitchener Cultural Heritage Landscape Study (CHLS) dated 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 applicant is advised that the property municipally addressed as 20 Breithaupt Street is located within the Warehouse District CHL. 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. Engineering Comments: Engineering requirements will be determined and satisfied through Site Plan Application SP19/037/B/GS. Operations Comments: Park land dedication will not be required for the application. Dedication requirements have been established through Site Plan Application SP19/037/B/GS. Environmental Planning Comments: The applicant is advised that the Tree Management Policy will apply at the time of the redevelopment of the retained lands. RECOMMENDATION: I. That Application B2019-021 requesting to sever a portion of 20 Breithaupt Street that has 43.2 metres of frontage along Breithaupt Street, a depth of 48.1 metres, and a lot area of 2069.0 square metres, be approved subject to the following conditions: Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca 1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies 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. II. That Application B2019-022 requesting an easement over a portion of the severed lands, in favour of the retained lands, that is 14.0 metres wide along Breithaupt Street and 14.1 metres wide along the lane, 48.1 metres deep, with an area is approximately 678.2 square metres, be approved subject to the following conditions: 1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies 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 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: 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. III. That application B2014-023, requesting consent to enter into a lease agreement for a period of 21 years or more for all of 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, 20 Breithaupt Street, and a portion of the lane that is proposed to be closed, encompassing all floor area of the proposed building, with a total floor area of 27,318 square metres (294,057 square feet), be approved. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCI P, RPP Planner Senior Planner Region of Waterloo 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 U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 File No. D20-20/19 KIT May 14, 2019 Re: Comments for Consent Application B2019-015 through B2019-023 Committee of Adjustment Hearing May 21, 2019 CITY OF KITCHENER *k11 pall N1 23 & 25 Wendy Crescent Yusuf Ishmail The owner/applicant is proposing a severance to allow for two separate parcels for an existing semi-detached dwelling. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Corridor Planning Regional Staff advise that the proposed severed and retained lots are located within the 6.Okm of outer area of airport zoning area; and located under the airport runway take -off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Document Number: 2999380 Version: 1 Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. :]KOI Da1Z [1 52 Wilhelm Street 4Front Design Build Partners The owner/applicant is proposing a severance to allow for two separate parcels to construct a two storey duplex on each lot. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Noise Study A detailed noise study will be required to assess the impacts of road traffic from Weber Street West (RR #08) and rail noise/vibration from CN Railway mainline that are in close proximity to the proposed development. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured as accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: Document Number: 2999380 Version: 1 https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-Standards/Noise- Assessment-Application--Fee-Form. Pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. B2019-017 177 Fifth Avenue c/o MHBC Planning The owner/applicant is proposing to sever the property into two lots. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2999380 Version: 1 B2019-018 69 Amherst Drive Owl Properties Incorporated The owner/applicant is proposing to sever the existing single detached residential lot from the balance of the land holding. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Archaeological Assessment: The subject property possesses some potential for the recovery of archaeological resources due to the proximity to an historic road and proximity to a water course (The Grand River). However, due to disturbance that has occurred on the subject property since the development of the original subdivision, Regional staff will not be requiring the submission of an Archaeological Assessment. However, the owner/applicant of the subject property should be made aware that: • If archaeological resources are discovered during the development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2999380 Version: 1 B2019-019 49 Overland Drive Alphabet Overland Self Storage Inc. The owner/applicant is proposing a severance for the creation a new industrial lot. The severed land is site plan approved for a self storage use. The retained land is proposed for a contractor yard. The owner/applicant requires an easement for stormwater management over the retained lands in favour of the severed lands. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Record of Site Condition The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination on the property. However, in accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is not required for the proposed severance. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2999380 Version: 1 B2019-020 28 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing a residential lot severance. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-021 through B2019-23 20-24 Breithaupt Street 2184647 Ontario Limited & Breithaupt Block Inc. The owner/applicant is proposing to sever the subject property due to construction financing requirements for the proposed Phase 3 development of the Breithaupt Block. B2019-021 is to sever the existing lot into two separate parcels. B2019-022 is to grant an easement between the severed properties in favour of the retained lands for access purposes. B2019-023 is to facilitate the granting of a lease over twenty-one (21) years. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent B2019-021. Document Number: 2999380 Version: 1 Record of Site Condition: The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination both on and adjacent to the property. In accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) would be required for the proposed consent applications. Regional Staff acknowledge that RSC #222924 was completed for the proposed severed and retained lands at 20-24 Breithaupt Street and filed with the Ministry of the Environment, Conservation and Parks on January 27, 2017. Regional Staff are satisfied with the submission of an RSC and have no further comments. Regional staff has no objection to the applications, subject to the following conditions of approval: 1) That prior to final approval, the owner/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, / l Matthew Colley Planner Document Number: 2999380 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority Sincerely, Andrew Herreman, CPT 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 2 of 2 Grand River Conservation Authority.