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Home My WebLink AboutDSD-19-167 - B 2019-025 - 4283 King St EStaff Report vex Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 16, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 3 DATE OF REPORT: July 8, 2019 REPORT NUMBER: DSD -19-167 SUBJECT: Application B2019-025 4283 King Street East Owners — 1719288 Ontario Inc. Applicant — Larry R. Richardson Approve Report: The lands are designated as Commercial Campus and located within a City Node. The property is zoned as Commercial Campus Zone (C-8) with Special Regulation provision 4R. The zoning approved (but under appeal) in the City's new Zoning By-law is Arterial Commercial (COM -4). This specific building is part of a comprehensively planned development and is currently used as "The Brick" furniture retail. Staff Report Development Services Department A site visit was conducted on July 8, 2019. wwwkitchener. c a Photo: Existing "The Brick" Furniture Store This application requests permission to enter into a lease agreement for the building in Unit 3, while the surrounding lands are part of the common elements of the condominium. The original lease was for 15 years, commencing on April 1, 1996. The lease is now being extended, for a period in total of greater than 21 years. 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, 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 the building within Unit 3, being 4283 King Street East, be approved. Building Comments: The Building Division has no objections to the proposed application. Transportation Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: No heritage comments or concerns. Staff Report KN x Development Services Department wwwkitchener.ca Engineering Comments: Engineering has no comments regarding the application. Operations Comments: Parkland dedication was provided in 2008 as part of the site plan approval process. Environmental Planning Comments: No environmental comments or concerns. RECOMMENDATION: That application B2014-025, requesting consent to enter into a lease agreement for a period of 21 years or more for the building within Unit 3, being 4283 King Street East, be approved. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, 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 *Z11 P111P4.1 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 July 9, 2019 Re: Comments for Consent Application B2019-025 through B2019-050 and CC2019-005 to CC2019-007 Committee of Adjustment Hearing July 16, 2019 CITY OF KITCHENER 4283 King Street East 1719288 Ontario Inc. The owner/applicant is proposing to extend an existing lease. Regional staff has no objection to the application. 4285 King Street East 1719288 Ontario Inc. The owner/applicant is proposing to extend an existing lease. Regional Staff has no objection to the application. Document Number: 3051281 Version: 1 B2019-027 1340 Fischer -Hallman Road Activa Holdings Inc. The owner/applicant is proposing a consent application to create a stormwater easement for the purpose of receiving stormwater from the adjacent lands to the north and permitting it to flow through to the outlet (Strasburg Creek). Regional Staff has no objection to the application. B2019-028 37 Heiman Street Kiah Group Inc. c/o Sean O'Neill The owner/applicant is proposing a lot severance. The Committee of Adjustment previously granted provisional consent approval to create this lot in March 2018 via application B2018-023. Regional Comments: Community Planning: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new 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 2019. 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. B2019-029 4278 King Street East Sportsworld Crossing Inc. The owner/applicant is proposing to a lot severance. The proposed severed lot will include the existing office building and parking lot and the proposed retained lot will remain vacant for future commercial uses. The owner/applicant also requires an easement for shared use of the existing driveway. Document Number: 3051281 Version: 1 Regional Comments: Community Planning: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new lot. Noise: The owner/applicant will be required to enter into an agreement with the Region to submit a detailed Environmental/Stationary Noise Study and secure its implementation prior to Site Plan approval for any proposed development on the retained lands (Parcel B). The Assessment must address the possible impact of road traffic on any proposed development. In addition the Assessment must address the possible impact generated by the proposed development on all noise -sensitive uses in the vicinity and on the development itself, as well as any off-site noise sources identified by the noise consultant that may have an impact on the proposed development. The owner/applicant is required to enter into an agreement with the Region to complete the noise study prior to Site Plan and once approved amend/enter into a new agreement to implement the recommendations of that study. Regional Road Dedication: While no further road widening dedication is required along Regional Road 08 (King Street East) in accordance with the designated road width provided in Schedule `A' of the Regional Official Plan (ROP), please be advised that the King Street East corridor has been identified as the Region of Waterloo Council Endorsed, Preferred Option for Stage 2 of the Region's Light Rail Transit (ION). Under the ION Stage 2 re -construction process, further property dedications may be required in association with that project. For more information regarding the Region of Waterloo ION Stage 2 project please consult the Region of Waterloo website. (https://rapidtransit. regionofwaterloo.ca/en/stage21ON/stage2ion.asp) Access Permit/TIS/Access Regulation: The subject property currently has a right -in, right -out vehicular access to King Street East which also connects internally to the #4220 King Street East property. A new mutual shared access at the northwest property limits along with a mutual shared access easement between the properties owners intended to use the new relocated access will be required. The existing right -in, right -out access on King Street East will be closed. Document Number: 3051281 Version: 1 A Regional Road Access Permit application with an application fee of $230 will be required for the proposed access re -location and the closure of the existing access. The access permit application is available at: https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf. No other direct access to King Street East would be allowed to the retained lands. Regional Road Reconstruction — Please be advised that this section of King Street East is scheduled for re -construction in 2021 & 2022 according to the Region of Waterloo 10 - Year Transportation Capital Program. For more information on this project please contact Mr. William Gilbert at 519-575-4603. Stormwater Management: Regional Staff would note that a detailed SWM management report would be required for any development on the proposed severed and retained lots. 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. 2) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo to submit a detailed Environmental and Stationary Noise Study prior to Site Plan approval for any proposed development on the retained lands. 3) That prior to final approval, the owner/applicant obtain an access permit(s) to the satisfaction of the Region of Waterloo. B2019-030 and B2019-031 452 and 256 Prospect Avenue William Wirtz The owner/applicant is proposing to sever the rear yard of 452 Prospect Avenue and add the severed portion to 456 Prospect Avenue. Then owner/applicant also would simultaneously sever the rear yard of 456 Prospect Avenue, including the added portion to create a new lot fronting on Broadview Avenue. Regional Comments: Community Planning: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new lot. Document Number: 3051281 Version: 1 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. B2019-032 to B2019-042 78, 84, 86, 94, 104, 112, 114, Activa Holdings Inc. 122 Monarch Woods Drive The owner/applicant is proposing easements to provide access to the rear yard for residents. Regional staff has no objection to the applications. B2019-043 to B2019-050 110, 116, 118, 124, 126, 132, Activa Holdings Inc. 134,140 Ian Ormston Drive The owner/applicant is proposing easements to provide access to the rear yard for residents. Regional staff has no objection to the applications. CC2019-005 to CC2019-007 25 and 31 Fourth Avenue Lino and Angela Santarosa The owner/applicant has requested revisions to the proposed conditions as a result of the current ownership of the subject parcels and the timing of clearing certain conditions. The proposed consent applications are to facilitate future development plans for the two existing lots to become four lots. In order to close proposed transactions, the conditions of approval are required to be amended. Regional Comments: Regional Staff have no concerns as the proposed changes are to City of Kitchener conditions. Regional Staff had no concerns with the proposed applications B2019-002 to B2019-004 and the Regional condition for the consent review fee is not proposed to be changed. Regional staff has no objection to the subject applications. Document Number: 3051281 Version: 1 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: 3051281 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Trisha Hughes, Resource Planner Phone: (519) 621-2761 ext. 2319 E-mail: thughes(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: July 5, 2019 RE: Applications for Minor Variance: YOUR FILE: See below SG 2019-015 2960 Kingsway Drive A 2019-059 364 Heritage Drive A 2019-060 72 Archer Place A 2019-061 15 Peter Street A 2019-062 920 Keenwatin Place A 2019-063 A 2019-064 A 2019-065 A 2019-066 to 073 A 2019-074 to 081 A 2019-082 4278 King Street East 452 Prospect Avenue 456 Prospect Avenue 78, 84, 86, 94, 104, 112, 110, 116, 118, 124, 126, 83 Elmsdale Drive Applications for Consent: 114, 122 Monarch Woods Drive 132, 134, 140 Ian Ormston Drive B 2019-025 4283 King Street East B 2019-026 4285 King Street East B 2019-029 4278 King Street East B 2019-030 452 Prospect Avenue B 2019-031 456 Prospect Avenue B 2019-032 to 042 78, 84, 86, 94, 104, 112, 114, 122 Monarch Woods Drive B 2019-043 to 050 110, 116, 118, 124, 126, 132, 134, 140 Ian Ormston Drive B 2019-051 to 054 83 Elmsdale Drive 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, Trisha Hughes Resource Planner Grand River Conservation Authority xThese 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