HomeMy WebLinkAboutDSD-2021-016 - B 2021-002 - 247 Shirley AveStaff Report `
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REPORT TO: Committee of Adjustment
DATE OF MEETING: January 19, 2021
SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157
PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: January 11, 2020
REPORT NO.: DSD -21-016
SUBJECT: Consent] Application B2021-002
247 Shirley Avenue
Applicant - Bruce Stotesbury & Bryan Stotesbury
Owner - 2155389 Ontario Inc.
RECOMMENDATION:
That Lot Addition Application B2021-002 for 247 Shirley Avenue to convey as a lot addition,
a parcel of land that is 44.1 square metres (Part 4, 58R-11313) to 300 Shirley Avenue, 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.
2. That the Owner shall submit draft transfer documents to the satisfaction of the City
Solicitor.
3. 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; and
That a partial discharge (mortgage) for Instrument No. WR1306862, dated December 21, 2020,
in favour of The Toronto -Dominion Bank, for lands legally described Part 4, 58R-11313, be
granted; and further
That a partial discharge (assignment of rents) for Instrument No. WR1306867, dated
December 21, 2020, in favour of The Toronto -Dominion Bank, for lands legally described Part
4, 58R-11313, be granted.
REPORT HIGHLIGHTS:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The application iorequesting h»sever Part 4ofReference Plan 5OR-11313from 274Shirley Avenue
and transfer to 300 Shirley Avenue as a lot addition. The small triangular portion of land proposed
to be severed is 44.1 square metres and is shown in red below. The application also seeks toallow
partial discharge of charges and related assignments of rent for the subject lands.
Severance Sketch Excerpt provided by the Applicant
Location Map
BACKGROUND:
The lands are designated as Heavy Industrial Employment in the City's Official Plan and identified
as Industrial Employment Area on the City's Urban Structure Map.
The subject lands are zoned as Heavy Industrial Employment (EMP -3) in Zoning By-law 2019-051.
REPORT:
Planning Comments:
Heavy Industrial uses are defined in accordance with Provincial Guidelines and generally refer to
those characterized by large volumes of materials and products, truck traffic, and as being noxious
due to vibration, noise, emissions or odour. In addition to these uses, the Official Plan permits a wide
variety of industrial and prohibits the introduction of new uses which are incompatible with heavy
industrial activities. The subject properties are identified as an Industrial Employment Area within the
City's Urban Structure. The planned function of the Industrial Employment Areas is to support and
maintain economic activity in the city by providing an adequate supply of land for a range of
industrial -related employment uses and appropriate accessory and ancillary uses.
The purpose of the Heavy Industrial Employment (EMP -3) zone is to accommodate industrial uses,
including noxious uses, on lands that are separated from sensitive land uses. This zone also
accommodates uses that require larger tracts of land for large buildings, materials, and/or products.
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 establish more appropriate lot lines that resemble the current use of both
properties. The dimensions and shapes of the resulting lots are appropriate and suitable for
continued use of the lands, and both lots will continue to front on an established public street, and
each lot meets the minimum zoning requirements for size. 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 December 29, 2020.
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Photo of Subject Property
Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Comments:
Transportation Services has no concerns with the proposed application
Heritage Comments:
There are no heritage planning concerns.
Engineering Comments:
Engineering has no comments or concerns.
Operations Comments:
Parkland dedication is not required for this application as no new developable lot has been
created.
Environmental Planning Comments:
As no new development is being proposed environmental planning has no concerns.
Grand River Conservation Authority Comments:
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.
Region of Waterloo Comments:
The owner/applicant is proposing a lot line adjustment to straighten the boundary line and square up
the corner of the lot at 300 Shirley Avenue. Regional Staff advise 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 327.9 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.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
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
January 6, 2021
Re: Comments for Consent Applications B2021-001 to 62021-
003
Committee of Adjustment Hearing January 19, 2021
CITY OF KITCHENER
B2021-001
57 Barbara Crescent
2611601 Ontario Inc.
The owner/applicant is proposing a severance to create two lots. The existing dwelling
will be demolished and a new dwelling will be built on each lot.
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.
Water Services:
Regional Staff advise that he 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 327.9 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.
Noise:
Regional Staff advise that the proposed severed and retained lots are located within
close proximity of Conestoga Parkway (Highway 7/8) and would be impacted from
transportation noise from traffic on the highway. Regional Staff require the following
Document Number: 3508860 Version: 1
noise attenuation measures be implemented through a registered agreement with the
City of Kitchener, for both, the severed and the retained lands:
1) The dwelling unit(s) must be installed with air -ducted heating and ventilation
system, suitably sized and designed with provision of adding central air
conditioning.
2) The dwelling unit(s) will be registered with the following noise warning clauses on
title:
a. "Purchaser/tenants are advised that sound levels due to increasing road
traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on
occasions interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Region of Waterloo and
the Ministry of the Environment Conservation & Parks (MOECP)."
b. "This unit has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that
the indoor sound levels are within the sound level limits of the Region of
Waterloo and the Ministry of the Environment Conservation & Parks
(MOECP)."
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 include the following noise mitigation/warning clauses in all
Offers of Purchase and Sale, lease/rental agreements and condominium
declarations for all dwellings on the severed and retained lands:
a. The dwelling units(s) must be installed with air -ducted heating and
ventilation system, suitably sized and designed with provision of adding a
central air conditioning.
b. The dwelling unit(s) on the proposed severed and retained lands will be
registered with the following noise warnings clauses on title:
Purchaser/tenants are advised that sound levels due to increasing
road traffic on King Street Bypass & Conestoga Parkway (HWY
Document Number: 3508860 Version: 1
7/8) may on occasions interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the
Region of Waterloo and the Ministry of the Environment
Conservation & Parks (MOECP)."
ii. "This unit has been designed with the provision of adding central
air conditioning at the occupant's discretion. Installation of central
air conditioning by the occupant in low and medium density
developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MOECP)."
*Q11PA QIIIN
274 Shirley Avenue
2155389 Ontario Inc.
The owner/applicant is proposing a lot line adjustment to straighten the boundary line and
square up the corner of the lot at 300 Shirley Avenue.
Water Services:
Regional Staff advise 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 327.9 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.
B2021-003
124 Florence Avenue
Sam Antonops and Will Yohana
The owner/applicant is proposing a severance and will demolish the existing dwelling to
build two duplex dwellings on the new lots.
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.
Water Services:
Regional Staff advise 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 327.9 mASL will require individual pressure reducing devices on each water
Document Number: 3508860 Version: 1
service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental
Specifications for Municipal Services for January 2020.
Airport Regulation:
Regional Staff advise that there are no airport specific concerns for the subject
application. However, the owner/applicant is advised that these lands are within 6
kilometres of the airport outer surface and are subject to Region of Waterloo Airport
Zoning regulations.
For any further information in this regard, please contact Kevin Campbell, Project
Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at
KCampbell(a)-regionofwaterloo.ca
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.
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, MCIP, RPP
Document Number: 3508860 Version: 1
January 8, 2021
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 Via email only
Legislated Services, City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Dyson,
Re: January 19, 2021 Committee of Adjustment Meeting
Applications for Minor Variance
A 2020-100
9-11 Samuel Street
A 2021-001
630 Blair Creek Drive
A 2021-002
10 South Creek Drive
A 2021-003
45 Duke Street West
Applications for Consent
B 2021-001 57 Barbara Crescent
B 2021-002 274 Shirley Avenue
B 2021-003 124 Florence Avenue
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 aherremana_grand river. ca.
Sincerely,
Andrew Herreman, C15-1-1
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