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HomeMy WebLinkAboutDSD-20-054 - B 2020-012 to B 2020-019 - Valencia AveStaff Report AaR Development Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 5 DATE OF REPORT: March 6, 2020 REPORT #: DSD -20-054 SUBJECT: B2020-012 to B2020-019 334, 335, 336, 337, 338, 339, 340, 341 Valencia Avenue Approve with Conditions Location Map i 343 34 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: This application includes a total of 8 properties. The application numbers will correspond with the addresses as follows: 335 Valencia Avenue Lot 5 — RP 58M-648 B2020-012 337 Valencia Avenue Lot 4 — RP 58M-648 B2020-013 339 Valencia Avenue Lot 3 — RP 58M-648 B2020-014 341 Valencia Avenue Lot 2 — RP 58M-648 B2019-015 334 Valencia Avenue Lot 10 — RP 58M-648 B2020-016 336 Valencia Avenue Lot 9 — RP 58M-648 B2020-017 338 Valencia Avenue Lot 8 — RP 58M-648 B2020-018 340 Valencia Avenue Lot 7 — RP 58M-648 B2020-019 The 8 subject properties listed above are zoned Residential Six Zone (R-6) in the Zoning By-law 85-1 and designated Low Rise Residential in the 2014 Official Plan. Staff conducted a site inspection of the property on March 4, 2020. The applicant is requesting consent to create rear yard access easements to allow residents to access their rear yards, as required by Zoning By-law 85-1. View of Vacant Lands for Proposed Street Townhouse Dwellings The applicant is requesting consent to create a total of 8 easements to allow for rear yard access for interior townhouse residents. The proposed easements measure 0.91 metres in width, AS AMENDED, and vary in length and depth according to varying lot sizes. Staff does not have any concerns with the applications as the easements are required by the Zoning By-law. 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 easements are considered good planning that satisfies the policies of both the City's Official Plan and the Provincial Policy Statement. Building Comments: The Building Division has no objections to the proposed consent. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Engineering Comments: Engineering has no concerns with the proposed application. Operations Comments: Parkland dedication is not required for this application as parkland dedication was taken at time of subdivision registration (30T-01201). RECOMMENDATION That consent applications B2020-012-019 requesting consent to create a total of 8 easements in favour of adjacent townhomes for the purpose of rear yard access 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 PDF and either .dwg (AutoCad) or Agn (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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 3. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 4. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 5. 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. Tim Seyler, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner N* Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 *Z11PPUa1Z [17 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-5754400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT March 5, 2020 Re: Comments for Consent Application B2020-010 through B2020-019 Committee of Adjustment Hearing March 17, 2020 CITY OF KITCHENER 123 Pioneer Drive CP Reit Ontario Properties Limited The owner/applicant is proposing a lease greater than 21 years for the existing Tim Hortons location and associated parking on the subject lands. Regional Staff has no objection to the proposed application. B2020-011 98 Strange Street Mohammad Abdullah c/o JEC Properties Inc. The owner/applicant is proposing a severance to split the existing lot to facilitate the development of a semi-detached building. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Noise: Regional Staff acknowledge that the subject development is within 300 metres of a rail line owned by Canadian National Railway. The owner/applicant is required to enter into an agreement with the City of Kitchener to register the following noise warning clause on title for the dwellings on the proposed severed and retained lands: Document Number: 3241892 Version: 1 "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to register the following noise warning clause on title for the dwellings on the proposed severed and retained lands: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." B2020-012 to B2020-019 Valencia Avenue Activa Holdings Inc. The owner/applicant is requesting to create rear yard access easements for the street fronting townhouse blocks fronting onto Valencia Avenue. These properties are within Stage of the Huron Village Subdivision (File No. 30T-01201). Regional Staff has no objection to the proposed application. Document Number: 3241892 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 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, Matthew Colley, Planner Document Number: 3241892 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue 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, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Holly Dyson From: Singh, Rupinder <RSingh@KWHydro.ca> Sent: 03 March, 2020 2:30 PM To: Holly Dyson Cc: Pierre Chauvin; Alex Sumner (alex.sumner@activa.ca) Subject: Committee of Adjustment Attachments: doc116907.pdf Good Afternoon Holly, Kitchener -Wilmot Hydro Inc. (KWH) do not have any concerns with the attached Committee of Adjustment. However, please note that KWH requires easements in place to protect hydro access rights for the underground secondary cables on the end unit townhouse lots on Valencia Ave. Thanks Rupinder Singh, C.E.T. Senior Distribution Design Technologist Kitchener -Wilmot Hydro 519-745-4771 xt. 6222 rsinghakwhydro.ca CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system.