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Home My WebLink AboutDSD-20-199 - B 2020-044 - 956 Glasgow StStaff Report 1 Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner — 519-741-2200 ext. 7869 WARD: 7 DATE OF REPORT: November 5, 2020 REPORT NUMBER: DSD-20-199 SUBJECT: Application B2020-044 956 Glasgow Street Applicant — P. Chauvin, MHBC Approve with Conditions Proposed k easements over 956 Glasgow Subject Property � c Proposed k easements over 956 Glasgow Subject Property Staff Repo KCluHL N,R Development Services Department wwwkitchener.ca Report: The Committee may recall that at the September 15, 2020 meeting a decision was rendered to approve consent applications to create 3 lots, retain one lot and to approve easements for properties located at 956-962 Glasgow Street. This was for the existing 4 -unit condominium pictured below. The owners are wanting to de -register the condominium plan and create freehold lots instead. Photo of 956 to 962 Glasgow St. The owner of 956 Glasgow Street is having to re -apply for consent approval for the creation of easements over his lands in order to correct an error of omission with the previous application for 956 Glasgow Street. 956 Glasgow is identified as the retained lands shown below in the Severance Sketch prepared by MHBC Planning. The proposed easements over 956 Glasgow are illustrated on the plan. There are 3 private easements being requested: 1. A 0.9 metre wide access easement; 2. A 6.0 metre wide sanitary sewer easement; and Staff Report vex Development Services Department wwwkitchener.ca 3. An irregular shaped storm water management easement, all in favour of adjacent unit properties municipally addressed as 958 and 960 Glasgow Street. I Ln 11S. -Feld. sn i• M�YI, rm. �rvr auwyrl T T Pelai ped Lr�rids :xe-rre*d PCFCd V - &--Ned '_cared rnv.�:ti,nni Pace) PCVce!9s.«,� �' nu Severance Sketch Ayer* FAD= cf Kb�,,-ener Rej nc( Mfl!rcc Planning Comments: c4a ¢M I 1115n 9 c 0 s U mLxR EiRm ka" in xw Laeltts to be Severed 0,5" r1Fl +Parcelsl 73; Mm) ME. mim -Parcel #2 {423 fnsl *Parcel *0 X420 m) 'Ud-D'4w Lar aB to be Retaked (1-232 m') oivrift Dal Aaaem Easemenl ctarrrwrw Managerrerd Ew naenl Q ., sewecr EaS[T,er: The subject properties are designated as Low Rise Residential in the City's Official Plan and zoned Residential Six (R-6) in the Zoning By-law 85-1. 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 easements conform to Staff Report Development Services Department wwwkitchener. c a the PPS, Growth Plan and City's Official Plan that will allow for the continuation of orderly development and to facilitate an alternate form of tenure deemed appropriate and acceptable. The easements being proposed over 956 Glasgow are necessary to ensure rear yard access is provided to owners of units internal to the development for maintenance purposes, and to legalize and to maintain existing storm and sanitary servicing rights over adjacent unit lands that are located within rear yards. Based on the foregoing, Planning staff recommends that Consent Applications B2020-044 requesting consent to create easements over 956 Glasgow Street, BE APPROVED, subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Given that a concrete sidewalk currently travels the portions, no funds for future sidewalk will be required. other concerns with the proposed application. Heritage Comments: entire width of the retained and severed Transportation Services does not have any Heritage Planning Staff has reviewed the application and has no concerns. Engineering Comments: No comments Operations Comments: No concerns. Environmental Planning Comments: No comments RECOMMENDATION: That Application B2020-044 proposing to create easements over 956 Glasgow Street for access, storm and sanitary servicing purposes in favour of 958 and 960 Glasgow Street, as shown on the Consent Plan prepared by MHBC dated August 10, 2020, 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. Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca 2. That the Owner provides a draft reference plan showing the requested specific easements, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the City's Director of Planning, City's Director of Engineering Services, and City Solicitor. 3. That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the easements 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. clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. c. a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 4. That the Owner conveys a 5.0 metre wide easement in favour of the City of Kitchener (Utilities) to the satisfaction of the Director of Utilities. a Brian Bateman, MCIP, RPP Senior Planner (I L�G J,�� Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner N14*4r 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 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT November 6, 2020 Re: Comments for Consent Applications B2020-042 to 62020- 044 Committee of Adjustment Hearing November 17, 2020 CITY OF KITCHENER B2020-042 103 Schweitzer Street 2477865 Ontario Inc. The owner/applicant is proposing a severance to develop a new residential dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 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. B2020-043 440 Lancaster Street West Udalpal Mallhl The owner/applicant is proposing a severance to create a new residential lot. The proposed severed and retained lands would be redeveloped with residential dwellings. Document Number: 3447261 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Access Permit: Regional Staff will require a Regional Access Permit with fee of $100.00 for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional Road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms. regionofwaterloo. ca/ePay/PDLS-Online-Payment-Forms/Application-and- Paym ent-for-an-Access-Permit Environmental Noise: Regional Staff note the existing and the proposed development would have impacts from the road noise on Lancaster Street West (RR #29). Regional Staff require the owner/applicant to submit an environmental noise study as a condition of final approval and to enter into a registered development agreement with the Region of Waterloo to secure implementation of any noise mitigation/warning clauses. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. Perm itcentral.ca/ Site Servicing / Work Permit / Municipal Consent: A servicing plan has not been provided with the above application. Regional Staff note that Municipal Consent will be required for the installation of any proposed/required service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance. Water Services: Regional Staff advise that the subject property is located in Kitchener Pressure Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 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 2020. 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. Document Number: 3447261 Version: 1 2) That prior to final approval the owner/applicant complete the required Access Permits on the severed and retained lands to the satisfaction of the Region. 3) That prior to final approval the owner/applicant complete an Environmental Noise Study to the satisfaction of the Region of Waterloo and, if necessary, enter into an agreement with the Region of Waterloo to secure implementation of the study's recommendations in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations. B2020-044 956-962 Glasgow Street MHBC Planning The owner/applicant is proposing to facilitate the creation of required easements for maintenance, sanitary and storm servicing for the subject lands. Consent applications B2020-034 to B2020-036 were recently approved to sever the existing condominium units on the subject lands into individual conveyable lots to facilitate the termination of Waterloo Standard Condominium Plan No. 262. The proposed easements are required to service the newly created lots. The Region has no objection to the proposed 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, 6 �_ Matthew Colley, Planner Document Number: 3447261 Version: 1 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. 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 Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River