HomeMy WebLinkAboutDSD-21-027 - B 2021-004 & B 2021-005 - 92, 100, 106, 110 Park St & 150, 154, 162 Victoria St SI
Staff Report`
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REPORT TO: Committee of Adjustment
DATE OF MEETING: February 16, 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 9
DATE OF REPORT: February 5, 2020
REPORT NO.: DSD -21-027
SUBJECT: Consent Applications B2021-004 & B2021-005
130, 138, 142, 150/154, & 162 Victoria Street South & 92, 100, 102, 106,
& 110 Park Street
Owners — Innovation Park Kitchener Limited, 162 Victoria Limited,
1936026 Ontario Inc., 1232119 Ontario Inc., & 138 Victoria Limited.
Applicants — Kevin Muir, GSP Group
RECOMMENDATION:
That severance application B2021-004 proposing to sever a portion of 100 Park Street / 150-
154 Victoria Street South that is 12.5 metres wide, 10.6 metres deep, with an area of 134.5
square metres, for the purpose of a lot addition to 138 Victoria Street South, 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 obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes for 100 Park Street / 150-154 Victoria Street South and
138 Victoria Street South, to the satisfaction of the City's Revenue Division.
3. That the Owner shall submit draft transfer documents to the satisfaction of the City
Solicitor.
4. That the Owner pay to the Grand River Conservation Authority, the minor consent
application review fee, in accordance with the GRCA's 2021 Plan Review Fee
Schedule, being $430.
5. That prior to final approval, the owner/applicant submit a Record of Site Condition for
the severed lands, acknowledged by the Ministry of the Environment, Conservation
and Parks, to the Region of Waterloo, and further
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
That application B2021-005 proposing an easement over a portion of 100 Park Street / 150-
154 Victoria Street South that is 7.6 metres wide, 35.3 metres in length, and an area of 269.5
square metres, in favour of 130, 138 and 142 Victoria Street South for access, 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 Owners shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes for 100 Park Street / 150-154 Victoria Street South and
130, 138 and 142 Victoria Street South to the satisfaction of the City's Revenue
Division.
3. That the Transfer Easement document(s) required to create the Easement 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 clear and specific description of the purpose of the Easement(s) 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);
II. clause/statement/wording confirming that the Easement(s) 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.
4. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor
be provided to the City Solicitor.
REPORT HIGHLIGHTS:
Severance application B2021-004 proposes to sever a portion of 100 Park Street / 150-154 Victoria
Street South that is 12.5 metres wide, 10.6 metres deep, with an area of 134.5 square metres, for
the purpose of a lot addition to 138 Victoria Street South.
Application B2021-005 proposes an easement over a portion of 100 Park Street / 150-154 Victoria
Street South that is 7.6 metres wide, 35.3 metres in length, and an area of 269.5 square metres, in
favour of as 130, 138, and 142 Victoria Street South for access.
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Severance Sketch
(Lot addition outlined in blue, easement outlined in red)
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Severance Sketch
(Lot addition outlined in blue, easement outlined in red)
Location Map
BACKGROUND:
The subject property is designated Mixed Use in the City's Official Plan and identified as the Urban
Growth Centre on the City's Urban Structure Map.
The subject lands are zoned as follows:
Address
Base Zone
Special Regulations
130 Victoria Street South
Low Intensity Mixed Use Corridor Zone
1R, 525R
MU -1
138 Victoria Street South
Low Intensity Mixed Use Corridor Zone
1 R, 525R, 401 U
(MU -1)
142 Victoria Street South
Low Intensity Mixed Use Corridor Zone
1 R, 525R
MU -1
100 Park Street / 150-154
Medium Intensity Mixed Use Corridor
1R, 524R
Victoria Street South
Zone (MU -2)
162 Victoria Street South
Medium Intensity Mixed Use Corridor
526R, 401 U
Zone (MU -2)
92 Park Street
Medium Intensity Mixed Use Corridor
526R
Zone (MU -2)
100 Park Street
Medium Intensity Mixed Use Corridor
524R
Zone (MU -2)
102-110 Park Street
Low Intensity Mixed Use Corridor Zone
401U
MU -1
Special Regulation 1R requires a permit from the Grand River Conservation Authority. Special
Regulation 524R outlines site specific regulations including setbacks and building height. Special
Regulation 525R outlines site specific regulations including setbacks and lot width. Special
Regulation 526R outlines site specific regulations for building height. Special Use Regulation 401 U
prohibits certain sensitive land uses until a Record of Site Condition has been completed in
accordance with the relevant Ontario legislation.
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 Low Intensity Mixed Use Corridor Zone (MU -1) and the Medium Intensity Mixed
Use Corridor Zone (MU -2) is to permit a variety of commercial and residential uses in a mixed use
form.
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. The dimension and shape of the resulting lot is appropriate and suitable for
continued use of the lands as the proposed consolidated lot at 138 Victoria Street South will be a
similar size and configuration to both adjacent lots (130 and 142 Victoria Street South). The proposed
consolidated lot will continue to front onto an established public street (Victoria Street South), and
the proposed consolidated lot meets the minimum zoning requirements for size. The proposed
easement will allow access to the rear of the properties addressed as 130, 138, and 142 Victoria
Street from Bramm Street which will establish legal access that currently exists. 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 February 2, 2021.
Building Comments:
The Building Division has no objections to the proposed consent or easement.
Transportation Comments:
Transportation Services does not have any concerns with the proposed applications.
Heritage Comments:
The subject lands are adjacent to the property municipally addressed as 142 Victoria Street South
which is a listed property on the City's Municipal Heritage Register. Based on the nature of the
application, Heritage Planning staff do not anticipate any negative impacts to the listed property
municipally addressed as 142 Victoria Street South and therefore have no concerns.
Engineering Comments:
Engineering has no comments.
Operations Comments:
Parkland dedication is not required for this application as no new developable lot has been
created.
Environmental Planning Comments:
The City will apply the Tree Management Policy at a future redevelopment application as no
development is proposed with the current lot addition and easement applications.
Region of Waterloo Comments:
There subject parcels are identified with high threats in the Region's Threats Inventory Database
(TID) associated with previous industrial/manufacturing uses. As per the Region's Implementation
Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially
Contaminated Sites the conveyance of land to the residential lot requires a completed Record of Site
Condition for the severed lands prior to final approval of the consent application.
The Region has no objection to the proposed application, subject to the following condition:
That prior to final approval, the owner/applicant submit a Record of Site Condition for the
severed lands, acknowledged by the Ministry of the Environment, Conservation and Parks,
to the Region of Waterloo.
The owner/applicant is proposing an easement for access over the existing private laneway to
Bramm Street in favour of abutting properties on Victoria Street.
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.
Grand River Conservation Authority Comments:
Due to the presence of the floodplain, the GRCA regulates a portion of the property under Ontario
Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and
Watercourses Regulation). Any future development within the regulated area (as shown in yellow on
the attached map) will require a permit from the GRCA pursuant to Ontario Regulation 150/06.
The subject lands are located within the flood fringe section of a Two Zone Floodplain Policy Area,
where depths and velocities are lower. As per GRCA and City of Kitchener Official Plan policies,
development is permitted in the flood fringe as long as the development is floodproofed, and safe
access is available.
We have no concerns with the consent applications. We expect GRCA requirements can be
addressed through appropriate design of a development proposal for the subject lands, and will
comment further through future Planning Act applications.
This application is considered a minor consent application, and in accordance with the GRCA's 2021
Plan Review Fee Schedule, the applicable fee is $430. We will send an invoice to the applicant.
Additional fees may apply for future Planning Act applications, and a separate fee will be required
for a GRCA permit.
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:
The City of Kitchener approved the City -initiated Zoning By-law Amendment application
ZC09/07/COK/HH to apply zoning to the Victoria Street South Mixed Use Corridor.
In 2017, the City's Site Plan Review Committee issued approval of site plan application
SP17/077/V/CI for 130 Victoria Street South to convert existing building to a wellness centre (health
practitioners, spa, yoga studio & associated pharmacy/juice bar).
The Committee of Adjustment approved application A20174-079 for 130 Victoria Street South to
redevelop an existing commercial building into a health and wellness centre having a side yard
setback abutting a street of 0.26m rather than the required 4.5m; a rear yard setback of Om rather
than the required 7.5m; a landscaped area of 3.4% whereas the By-law requires a minimum of 10%;
to locate the off-street parking Om from the front lot line rather than the required 4.5m; and, to allow
1 off-street parking space whereas the By-law requires 20 off-street parking spaces.
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.regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/20 KIT
February 9, 2021
Re: Comments for Consent Applications B2021-004 to 62020-
005
Committee of Adjustment Hearing February 16, 2021
CITY OF KITCHENER
B2021-004
100 Park Street, 138 Victoria Street South and 150-154 Victoria Street South
Innovation Developments Kitchener Limited
The owner/applicant is proposing a severance to facilitate a lot addition to the rear
portion of 138 Victoria Street for the purposes of consolidating ownership. The intent is
to create a standalone parcel.
Record of Site Condition:
There subject parcels are identified with high threats in the Region's Threats Inventory
Database (TID) associated with previous industrial/manufacturing uses. As per the
Region's Implementation Guidelines for the Review of Development Applications on or
Adjacent to Known and Potentially Contaminated Sites the conveyance of land to the
residential lot requires a completed Record of Site Condition for the severed lands prior
to final approval of the consent application.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit a Record of Site
Condition for the severed lands, acknowledged by the Ministry of the
Environment, Conservation and Parks, to the Region of Waterloo.
Document Number: 3545644 Version: 1
B2021-005
100 Park Street, 138 Victoria Street South and 150-154 Victoria Street South
Innovation Developments Kitchener Limited
The owner/applicant is proposing an easement for access over the existing private
laneway to Bramm Street in favour of abutting properties on Victoria Street.
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,
Matthew Colley,
Planner, MCIP, RPP
Document Number: 3545644 Version: 1
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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
PLAN REVIEW REPORT: Holly Dyson
City of Kitchener
DATE: FILE:
January 26, 2021 Severance B2021-004/005 — 138/150 Victoria Street South
RE: Consent Application B2021-004
Consent Application B2021-005
100 Park Street, 138 Victoria Street South, and
150-154 Victoria Street South
Innovation Developments Kitchener
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no concerns with the application.
BACKGROUND:
1. Resource Issues:
Information currently available at our office indicates that the subject lands contain
the Schneider Creek floodplain.
2. Legislative/Policy Requirements and Implications:
Due to the presence of the floodplain, the GRCA regulates a portion of the property
under Ontario Regulation 150/06 (Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation). Any future development
within the regulated area (as shown in yellow on the attached map) will require a
permit from the GRCA pursuant to Ontario Regulation 150/06.
The subject lands are located within the flood fringe section of a Two Zone
Floodplain Policy Area, where depths and velocities are lower. As per GRCA and
City of Kitchener Official Plan policies, development is permitted in the flood fringe
as long as the development is floodproofed, and safe access is available.
We have no concerns with the consent applications. We expect GRCA
requirements can be addressed through appropriate design of a development
proposal for the subject lands, and will comment further through future Planning Act
applications.
Page 1 of 2
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
3. Review Fees:
This application is considered a minor consent application, and in accordance with
the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $430. We will
send an invoice to the applicant. Additional fees may apply for future Planning Act
applications, and a separate fee will be required for a GRCA permit.
We trust this information is of assistance. If you have any questions or require additional
information, please contact me at 519-621-2763 ext. 2292 or theywood(5�grandriver. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
* These comments are respectfully submitted as advice and reflect resource concerns within the
scope and mandate of the Grand River Conservation Authority
c.c. Steven Ruse, Innovation Developments Kitchener
Kevin Muir, GSP Group
Page 2 of 2
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Bell Canada
Right of Way
Floor 2, 140 Bayfield Street
Barrie, Ontario
L4M 3131
February 2, 2021
City of Kitchener
200 King Street West
Kitchener, Ontario
N2G 4G7
Tel: 705-722-2264
Fax: 705-726-4600
E-mail: charleyne.hall@bell. ca
E-mail Only: Holly Dyson — holly.dyson@kitchener.ca
Subject: Applications for Consent B2021-004, B2021-005
100 Park Street, 138 Victoria Street South, 150-154 Victoria Street South
Kitchener ON
Bell File: 519-21-032
Subsequent to review by our local engineering department, Bell Canada has identified that we require
protection for existing facilities.
On the attached sketch, the red line indicates the approximate location of active, critical infrastructure.
Located on the properties municipally known as 100 Park Street, 138 Victoria Street South, 150-154
Victoria Street South, Bell Canada's facilities provide essential access to the network. Of major concern is
the ability to access our equipment, particularly in the event of an interruption, or emergency, that would
require Bell Canada to restore service to regular telephone lines, alarm services, internet access, and
most importantly ensure the continuity of 911 service.
Bell Canada requests a 3.Om wide strip to measure 1.5m on either side of the buried facilities, as can be
reasonably accommodated within the subject property's boundaries. In regards to the buried plant, it may
be necessary for a surveyor to arrange for a cable locate to identify the precise location.
Since the intention of the requested easement is to protect the integrity of the existing facilities and
preserve many services, we request that the cost associated with registration be the responsibility of the
landowner.
We hope this proposal meets with your approval and request a copy of the decision. Should our request
receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and
accompanying draft easement documents for our approval prior to registration, along with an
acknowledgement and direction for our execution.
If you have any questions or concerns, please feel free to contact me.
Yours truly,
O.br Hy
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Charleyne Hall
Right of Way Associate
BRAMM STR
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