HomeMy WebLinkAboutDSD-19-170 - B 2019-028 - 37 Heiman StStaff Report KN NEx
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:
9
DATE OF REPORT:
July 5, 2019
REPORT NUMBER:
DSD -19-170
SUBJECT:
Application B2019-028
37 Heiman Street
Owners — Kiah Group Inc.
Applicant — Scott Patterson, Labreche Patterson & Associates Inc.
Approve
Background:
On March 20, 2018, the Committee of Adjustment approved severance applications B2018-021,
B2018-022, and B2018-023 for 37 and 45 Heiman Street. The parcels approved through
applications B2018-021, B2018-022 and B 2018-023 were completed, however the Owner
transferred the retained land rather than the severed land. The Owner is now proceeding to re-
establish a parcel of land previously approved as a separate lot.
The proposed application is the same as B2018-021 - to sever Parts 3 and 4 of 58R-20182 as
the severed lands, where the retained lands are Part 1 of 58R-20182. The severed lot would be
addressed as 41 Heiman Street and the retained lot would be addressed as 37 Heiman Street.
The Owner worked to clear all conditions of B2018-023, however the conditions are also provided
as part of this approval for clarity.
Report:
The subject property is designated Low Rise Residential in the City's Official Plan and zoned
Residential Six Zone (R-6) in Zoning By-law 85-1. A portion of 37 Heiman Street is also within the
Grand River Conservation Authority's Regulatory Limit; therefore the property also contains
Special Regulation 1 R, which requires a permit from the GRCA if deemed necessary.
The Low Rise Residential designation supports a full range of low density housing types including
single detached, duplex, semi-detached, and low rise multiple dwellings. Policies also require that
infill development complement existing buildings and contribute to neighbourhood character.
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 will allow for orderly development that is compatible with the existing
community. The severed and retained lots comply with the regulations of the Residential Six (R-
6) zone. The dimensions and shapes of the proposed lots are appropriate and suitable for the
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Development Services Department wwwkitchener.ca
proposed use of the lands, the lands front on an established public street, and both parcels of
land can be serviced with independent and adequate service connections to municipal services.
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.
City Planning staff conducted a site inspection of the property on July 9, 2019.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services
(DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the
construction of any new residential buildings.
Transportation Comments:
Transportation Services has no concerns with the proposed application.
Heritage Comments:
No heritage comments or concerns.
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Development Services Department wwwkitchener.ca
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service connections
for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering Division for
the installation of new ones that may be required to service this property, all prior to severance
approval. Our records indicate sanitary, storm and water municipal services are currently available
to service this property. Any further enquiries in this regard should be directed to Katie Pietrzak (519-
741-2200 ext. 7135).
Heiman Street is scheduled for reconstruction in 2020. As such any off-site works for this property
needs to be completed (construction and restoration) before the City reconstruction begins or will
have to wait until after the reconstruction is completed.
Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense
and all work needs to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system and proposed easements will be
required to the satisfaction of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with
corresponding layer names and asset information to the satisfaction of the Engineering Division prior
to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to the
street sewers. If this is not the case, then the owner would have to pump the sewage via a pump
and forcemain to the property line and have a gravity sewer from the property line to the street.
Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as a new development
lot will be created. The cash -in -lieu dedication required is $4,209.00. Park Dedication is calculated
at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (9.15m)
at a land value of $9,200 per frontage meter.
Environmental Planning Comments:
The extreme south end of 37 Heiman Street is identified as an Ecological Restoration Area (ERA) in
the Kitchener Official Plan (2014, under appeal). This area is located in the Two -Zone Floodplain
area regulated by the GRCA, and is considered part of the riparian area of Shoemaker Greenway,
a tributary of Schneider Creek.
A (scoped) Environmental Impact Study (EIS) will be required. The presence of an identified
Ecological Restoration Areas may place limitations or conditions on these and adjacent lands related
to development, redevelopment or site alteration --especially when drainage characteristics, site
grading and/or stormwater management are being undertaken. A (scoped) Environmental Impact
Study will determine appropriate proximity (including grading and drainage) to the riparian area of
the Shoemaker Creek, stormwater management and planting requirements.
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RECOMMENDATION:
That Application B2019p-028 proposing to sever a parcel of land from 45 Heiman Street
with a width of 9.15 metres, a depth of 27.254 metres, and a lot area of 245 square metres,
be approved, subject to the following conditions:
1. That the Owner provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (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.
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.
3. That the Owner shall submit a draft reference plan showing the boundaries of the
lands to be conveyed for approval by the City's Director of Planning.
4. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Services Division for the installation of all new service connections
and the removal of redundant services to the retained lands.
5. That the Owner makes arrangements financial or otherwise for the relocation of any
existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as
required, to the satisfaction of the appropriate City department.
6. That the Owner provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services for the retained
lands.
7. That any new driveways be built to City of Kitchener standards at the Owner's expense
prior to occupancy of the building to the satisfaction of the City's Engineering
Division.
8. That the Owner submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together
with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system
to the satisfaction of the Director of Engineering Services for the retained lands.
9. That the Owner provides Engineering staff with confirmation that the basement
elevation of the house can be drained by gravity to the street sewers, to the
satisfaction of the Director of Engineering Services. Where this cannot be
achieved, the owner is required to pump the sewage via a pump and forcemain to
the property line and have a gravity sewer from the property line to the street, at the
cost of the Owner.
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10. That the Owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication on the severed parcel in the amount of $4,209.00. Park Dedication is
calculated at the residential rate of 5%, for the severed lands only, with a land
valuation calculated by the lineal frontage (9.15 metres) and a land value of $9,200
per metre of frontage.
11. That the Owner shall enter into an agreement with the City of Kitchener to be
prepared by the City Solicitor and registered on title of the severed and retained
lands which shall include the following:
a) That the Owner shall prepare a Tree Preservation/Enhancement Plan for the
severed and retained lands in accordance with the City's Tree Management
Policy, to be approved by the City's Director of Planning and the Director of
Operations, and where necessary, implemented prior to any grading, tree
removal or the issuance of building permits. Such plans shall include,
among other matters, the identification of a proposed building
envelope/work zone, landscaped area and vegetation (including street trees)
to be preserved.
b) The Owner further agrees to implement the approved plan. No changes to
the said plan shall be granted except with the prior approval of the City's
Director of Planning and the Director of Operations.
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
P1
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2319
Fax: (519) 621-4945
E-mail: thughes@grandriver.ca
DATE: July 5, 2019 YOUR FILE: B 2019-028
GRCA FILE: B2019-028 - 37 Heiman St
RE: Consent Application B 2019-028
37 Heiman Street, City of Kitchener
Kiah Group Inc.
GRCA COMMENT:
The Grand River Conservation Authority (GRCA) has no objection to the above noted
consent application.
BACKGROUND:
1. Resource Issues
Information currently available at this office indicates that portions of the lands to be
retained are within the flood fringe and floodway of the Two Zone floodplain associated
with Shoemaker Creek. The lands to be retained also contains a portion of the
regulatory allowance adjacent to the floodplain. A copy of our resource mapping is
attached.
2. Legislative/Policy Requirements and Implications
This reach of Shoemaker Creek is within a Two Zone Floodplain Policy Area. In
designated Two Zone Areas, the floodplain contains two sections - the floodway and the
flood fringe. The floodway is the area of the floodplain required to pass the flows of
greatest depth and velocity. No new development is permitted within the floodway. The
flood fringe lies between the floodway and the edge of the floodplain. Depths and
velocities of flooding in the flood fringe are much less than those in the floodway,
allowing for development to occur if certain criteria are met. As noted above, a portion of
the lands to be retained contains floodway and flood fringe, as well as the associated
regulatory allowance.
It is our understanding that the applicant is proposing to sever a portion of the property
along Heiman Street. Based on the Plan of Survey prepared by MacDonald Tamblyn
Lord Surveying (dated May 4, 2018), the lands to be severed (Part 3 and Part 4) are
outside the GRCA regulated area. For the lands to be retained, there appears to be
enough room outside of the regulated area for future development. As such, GRCA has
no objection to the proposed severance.
Pagel of 2
Please note that any future development in the regulated area will require prior written
approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06
and is subject to applicable Two -Zone Floodplain Policy Area policies in the GRCA's
Consolidated Policies for the Administration of Ontario Regulation 150/06 and the City of
Kitchener Official Plan. Please consult with GRCA for future applications on the retained
parcel. We advise the applicant to direct any future development for the retained parcel
outside of the floodway.
3. Plan Review Fees
The GRCA applies Plan Review Fees for Planning Act applications located within
GRCA areas of interest. As we recently reviewed and received a fee for a similar
consent application (B2018-023) on this property, we will not be charging a fee for this
Plan Review.
We trust this information is of assistance. If you have any questions or require additional
information please contact the undersigned.
Sincerely,
--rW-w, 1k111___111__
Trisha Hughes
Resource Planner
Grand River Conservation Authority
Encl.
C.C. Sean O'Neill, Kiah Group Inc. (via email)
Scott Patterson, Labreche Patterson & Associates Inc. (via email)
* These comments are respectfully submitted as advice and reflect resource
concerns within the scope and mandate of the Grand River Conservation Authority.
Page 2 of 2
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