HomeMy WebLinkAboutDSD-19-271 - B 2019-072 & A 2019-130 - 85 McIntyre Dr & Vacant Adjacent LandStaff Report
Development Services Department wwwkitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 19, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext. 7987
WARD: 5
DATE OF REPORT: November 8, 2019
REPORT NUMBER: DSD -19-271
SUBJECT: Applications B2019-072 & A2019-130
Pt Lt 14 Plan 471, Pt 1 58R-10560 (lot adjacent to 85 McIntyre)
Owner — David Harsch & Peter Fraser
Approve with conditions
Retained
8.5 �,•,•
L [
Proposed variance to permit a rear
1 yard of 1.2 m rather than 7.5 m.
Lands to be severed
(added to 85 McIntyre)
Subject Lands: Pt Lt 14 Plan 471, Pt 1 58R-10560 (lot adjacent to 85 McIntyre Drive)
Staff Report
Development Services Department
wwwkitchener. ca
The owner of the subject lands is proposing to sever a 272 m2 parcel and convey it as a lot addition
to 85 McIntyre Drive. Both parcels are owned by the same ownership group (Hureng
Developments), however under separate title. The subject lands currently contain two shipping
containers which were approved and added in about 2004 and provide storage and server space
for the office building located at 85 McIntyre Dr. The remainder of the lot is vacant and
undeveloped. The owner is proposing the lot addition so that balance of the undeveloped lands
can be sold in the future.
The owner is also requesting a minor variance to permit a reduced rear yard setback of 1.2m
rather than 7.5m. The variance is required because the eastern property line created as a result
of the lot addition is technically considered the rear yard, rather than an interior side yard.
Photo: Shipping containers to be added to adjacent lands containing small office building
(October 30, 2019)
Report:
The subject lands are designated Business Park Employment in the City's Official Plan and zoned
Business Park Zone (B-1) in Zoning By-law 85-1 and Service Business Park Employment (EMP -
4) Zone, with Ecological Restoration Area Overlay, in new Zoning By-law 2019-051.
Consent Application
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 lot addition conforms to
the City's Official Plan and will allow for orderly development that is compatible with the
surrounding business park. The dimensions and shapes of the resultant lots are appropriate and
suitable for the use of the lands, the resultant lots have frontage on established public streets,
and both parcels of land can be serviced with independent and adequate service connections to
Staff Report
Development Services Department wwwkitchener.ca
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.
Minor Variance Application
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments.
1. General intent of the Official Plan
The Business Park Employment designation supports a range manufacturing and the other
employment uses. The proposed variance, will facilitate a conveyance which will result in a lot
that may be conveyed and developed for future business park uses. Staff is of the opinion that
the general intent of the Official Plan is maintained.
2. General Intent of the Zoning By-law
The general intent of the rear yard setback is ensure that there is sufficient separation distances
between buildings. The subject variance is only required because the receiving lands (85
McIntyre Drive) is a corner lot, and the technical front lot line is on McBrine Drive rather than
McIntyre Drive. This results in new eastern lot line being a rear yard, rather than an interior side
yard. For all intents and purposes, the yard will function and appear as an interior side lot line.
Staff is of the opinion that the general intent of the zoning by-law is maintained.
3. Applications are Minor
The proposed 1.2 m setback from the existing shipping containers to the new lot line is consistent
with an interior side yard setback required by Zoning By-law 85-1. Staff notes that new Zoning
By-law 2019-051 requires a 1.5 m setback however given that the shipping containers are only
one storey, and do not require the additional 0.3 metres to be maintained, the 1.2 metre setback
represents appropriate separation from future development. Therefore, it is Planning staff's
opinion that the variance is minor.
4. Applications are Appropriate
The new lot line will function as an interior side lot line and provides appropriate separation to
future development on the resultant lot. Therefore, staff is of the opinion that the variance is
appropriate.
Environmental Planning Comments:
No objections.
Building Comments:
The Building Division has no objections.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering Comments:
Engineering has no concerns with the proposed severance.
Operations Comments:
Parkland dedication is not required for this application as no new developable lot has been
created.
Staff Report
Development Services Department
wwwkitchener.ca
RECOMMENDATIONS:
A. That Application A2019-130 requesting relief from:
a. Section 23.3 of Zoning By-law 85-1 to permit a rear yard setback of 1.2 metres
whereas 7.5 metres is required, be approved; and
b. Section 10.3 — Table 10-2 (EMP -4) of Zoning By-law 2019-51 to permit a rear
yard setback of 1.2 metres whereas 7.5 metres metre is required, be approved,
subject to the following:
i. This minor variance shall become effective only at such time as Zoning By-
law 2019-51 comes into force, pursuant to section 34 (30) of the Planning
Act, R.S.O. 1990, c. P 13, as amended, and the variance shall be deemed to
have come into force as of the date of this decision.
B. That Application B2019-072 requesting consent to convey a parcel of land having a
width of 7.9 metres and an area of 272 metres squared, as a lot addition to 85 McIntyre
Drive, be approved subject to the following conditions:
1. That Application A2019-130 receives full and final approval.
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 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.
4. That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. PA 3, as amended.
5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an
Application Consolidation Parcels immediately following the registration of the
Severance Deed and prior to any new applicable mortgages, and to provide a copy
of the registered Application Consolidation Parcels to the City Solicitor within a
reasonable time following registration.
Katie Anderl, B.E.S., MCIP, RPP
Senior Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
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
D20-20/19 KIT
November 6, 2019
Re: Comments for Consent Application B2019-066 through
B2019-072
Committee of Adjustment Hearing November 19, 2019
CITY OF KITCHENER
B2019-66 to B2019-071
253 Clark Avenue
JC Group
The owner/applicant is submitting six consent applications for the subject lands to
create a total of seven new residential lots.
Fee:
The owner/applicant must submit the consent review fee of $350.00 per new lot created
($350.00 x 6 =$2,100) to the Region of Waterloo prior to final approval of the consent
application.
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 per new lot created.
Document Number: 3147705 Version: 1
B2019-072
85 McIntyre Drive
Hureng Developments Limited
The owner/applicant is proposing to sever 272 square metres from a vacant property
and add it to the subject lands at 85 McIntyre Drive. The purpose of this application is
so that the existing storage units reside on 85 McIntyre Drive.
Regional staff has no objection to the subject 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 19-037 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,
MIJ� _ 1-1/ `�_
Matthew Colley
Planner
Document Number: 3147705 Version: 1
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
PLAN REVIEW REPORT: City of Kitchener
Hollv Dvson
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
Fax: (519) 621-4945
E-mail: aherreman@grand river. ca
DATE: November 8, 2019 YOUR FILE: B 2019-072 & A 2019-130
GRCA FILE: A2019-130 & B2019-072 - 85 McIntyre Drive
RE: Application for Consent B 2019-072
Application for Minor Variance A 2019-130
85 McIntyre Drive, City of Kitchener
Hureng Developments Ltd.
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above -noted
applications. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the subject lands contain the
regulated allowance adjacent to a watercourse and floodplain. A copy of our resource
mapping is attached.
2. Legislative/Policy Requirements and Implications:
The proposed consent application will sever a portion of the adjacent parcel and add the
land as a lot addition to 85 McIntyre Drive. The minor variance application requests a rear
yard setback of 1.2 metres whereas 7.5 metres is required. We do not anticipate any
impacts to the adjacent watercourse as a result of these applications and we have no
objection to the approval of the applications by the City of Kitchener.
Due to the presence of the above -noted features, portions of the subject lands are regulated
by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands
and Alterations to Shorelines and Watercourses Regulation.
Any future development on the subject lands within the regulated area will require the prior
issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves
the submission of a permit application to this office, the review of the application by Authority
staff and the subsequent approval/refusal of the permit application by the GRCA.
3. Plan Review Fees:
These applications are minor consent and minor variance applications and the applicable
plan review fee is $410.00. With a copy of this correspondence, the applicant will be
invoiced in the amount of $410.00.
NAResource Management Division\Resource Planning\Watedoo Region\KITCHENER\2019\SeveranceW2019-130 & Page 1 of 2
82019-072 - 85 McIntyre Drive\A2019-130 & B2019-072 - 85 McIntyre Dhve.docx
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Encl.
cc: Hureng Developments Ltd. c/o David Harsch — 398 Windham Road 9, La Salette, ON
NOE 1 HO
* These comments are respectfully submitted as advice and reflect resource concerns within the scope and
mandate of the Grand River Conservation Authority
NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2019\Severance\A2019-130 & Page 2 of 2
B2019-072 - 85 McIntyre Drive\A2019-130 & B2019-072 - 85 McIntyre Ddve.docx
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