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HomeMy WebLinkAboutDSD-2021-083 - B 2021-028 - 564,592 Belmont Ave W (Amended)J StaffRepott K, R De velonment Services Department www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 18, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: May 12, 2021 REPORT NO.: DSD -2021-83 SUBJECT: B2021-028 - 564 & 592 Belmont Avenue West Owner: Belmont Medical Centre Inc. Approve Subject to Conditions RECOMMENDATION: 1) That Consent Application B2021-028, for 564 & 592 Belmont Avenue West, requesting consent to create a new lot with an approximate frontage on Belmont Avenue West of 25.9 metres, a depth of 60.1 metres, an area of 1,573.3 square metres, be approved, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject properties to the satisfaction of the City's Revenue Division. 2. 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. 3. The owner shall convey to the City of Kitchener, without cost and free of encumbrance, an approximately 2 metre wide road widening along the severed parcel's entire Belmont Avenue West frontage, to the satisfaction of the City's Transportation Services. The owner shall submit a reference plan showing the road widening, to the satisfaction of Transportation Services. In addition, the owner shall submit a Phase 1, and if necessary, a Phase 2 Environmental Assessment, to the satisfaction of the City's Engineering Services, for the road widening on the severed portion. 4. The owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed and retained lands. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5. The owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 6. The owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 7. The owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands, or otherwise receive relief from Engineering Services for this requirement. 8. The owner shall submit payment to the Region of Waterloo, the Consent Application Review fee of $350.00. Figure 1. Aerial photo showing the two addresses associated with the subject property REPORT HIGHLIGHTS: • The purpose of this report is to recommend conditional approval of a consent application to sever two historically separate properties that have inadvertently merged on title. • This report supports the delivery of core services. • There are no financial implications to the City. • This report supports the delivery of core services. BACKGROUND: This report is being brought forward to recommend conditional approval of a consent application to sever two historically separate properties that have inadvertently merged on title. 0 214rB q%,B 221 165 ,�• '>•�1 113 2 20T 197 Bag ` 3• za25. 238 --Z07 611 804 L- 721 215 396 13 i - - _� - . •'� • 239 221 239 605 592 243 247 816 ® 12 4 814 is 1 Ctalst-�'3�7 , r j ~ ig 11 2124 [ .• dC z 23 20 ?i - • ` t 25 28 515 ; 1 i'`!a•': r .. I 32 54T 584 a B5 587y 3335\ Vp 'O 3837 40 2 44 50 � 1I k11\ 36 5G {77yy 1 2 566 �¢ 26 X49 5153 41 Figure 1. Aerial photo showing the two addresses associated with the subject property REPORT HIGHLIGHTS: • The purpose of this report is to recommend conditional approval of a consent application to sever two historically separate properties that have inadvertently merged on title. • This report supports the delivery of core services. • There are no financial implications to the City. • This report supports the delivery of core services. BACKGROUND: This report is being brought forward to recommend conditional approval of a consent application to sever two historically separate properties that have inadvertently merged on title. Figure 2. View of subject property from Belmont Avenue West REPORT: The subject property is located on the east side of Belmont Avenue West, between Glasgow Street and the CN Railway tracks, in the Cherry Hill Planning Community. The Iron Horse Trail and Catalyst 137 are located to the east. Commercial uses are located immediately to the north and south. Belmont Village is located further north. Multiple residential uses are located on the opposite side of Belmont Avenue. The properties are designated Mixed Use in the Official Plan and zoned MIX -2 (144) (49) in By-law 2019-051 (the property is no longer subject to By-law 85-1). City Planning staff visited the properties on April 29, 2021. There are two addresses that relate to the subject property. The first address, 592 Belmont Avenue West, is associated with a 4 -storey commercial building containing health-related uses and an associated parking lot. The second address, 564 Belmont Avenue West, is associated with vacant land (grassed with concrete blocks securing the lot frontage). Historically, these addresses represented two separate properties under the Planning Act. The applicant advises that these properties have technically, inadvertently merged on title and are now one property. At this time, the applicant is requesting consent to sever the two historically separate subject properties to revert them to their previous condition. In this regard, the vacant severed lot would have an approximate frontage on Belmont Avenue West of 25.9 metres, a depth of 60.1 metres, an area of 1,573.3 square metres. The proposed use of the severed lot is not known. The retained lot containing the existing 4 -storey commercial building would have an approximate frontage on Belmont Avenue West of 151.4 metres, a depth ranging between 57.4 metres and 58.2 metres, and an area of 8,742.5 square metres. 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 severance conforms to the City's Official Plan. Both the severed and retained lots comply with the Zoning By-law, noting that the MIX -2 regulations do not apply to the existing commercial building, per notation (1) of Section 8.3. The requested consent is not premature and is in the public interest. The subject lands are suitable for the purposes for which they are to be severed. Both resultant lots are suitable in their dimensions and rectangular shapes and front onto an established municipal road with adequate 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. Per Schedule D. Roads to be Widened of the Official Plan, it appears that a City road widening was previously taken from the retained lot, but not the severed lot. Accordingly, staff is recommending a condition requiring a road widening for the severed lot. Based on the foregoing, Planning staff recommends that Consent Application B2021-028 be approved, subject to the conditions listed in the Recommendation section of this report. Building Division Comments: The Building Division has no objections to the proposed consent. Transportation Services Comments: A land dedication in the form of a road widening will be required as part of this application. A reference plan is to be submitted noting a road widening of approximately 2m to be dedicated to the City. Engineering Services will require a Phase 1 EA be completed for review for the portion of land being dedicated. A Phase 2 EA may be required depending on the results of the Phase 1 EA. Engineering Services Comments: - Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. - The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service both properties, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Niall Melanson(niall.melanson(d)-kitchener.ca). - Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. - A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks and Cemeteries Comments: Parkland dedication is not required for this application as no new developable lot has been created. Environmental Planning Comments: Environmental Planning has no concerns. Landscaping trees managed under site plan control. Heritage Planning Comments: There are no heritage planning concerns. Region of Waterloo Comments: The owner/applicant is proposing a severance to have the existing commercial medical centre at 564 Belmont Avenue West to be a separate parcel from the vacant land at 592 Belmont Avenue West. There is no proposed development on the vacant land. Regional Fee. The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Record of Site Condition. Regional Staff acknowledge the subject lands are identified as a Known Threat in the Region's Threats Inventory Database. The owner/applicant has completed a Record of Site Condition (RSC) #225993 to allow for commercial uses on the severed and retained lands. Regional Staff have no further concerns. Water Services. The subject site is fronting Belmont Ave W. There is a 450mm in diameter Regional watermain and a 300mm in diameter local watermain. Given the proximity to a 450mm in diameter Regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2021. 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. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or 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 was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. A notice sign 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. PREVIOUS REPORTS/AUTHORITIES: • Sections 51 and 53, Planning Act, R. S. O. 1990, c. P.13 ATTACHMENT: Attachment A — Consent Sketch provided with Consent Application ro PtN 22436-0" (LT) � 6D.166 PAR ].. um pn� zi-Akq ..2Ww& 0 dor a PIN 224-39-OW9 (t T) rn z 64.51 T.829 a o w u Du� m Amor i i --------------- 8.57 v w yru a ol iG. 7.65 r ♦� .kyA 6 Of' �n N 3 � • . oD � i� x i s o z BS5 23,79 P __ 03 t a ro a S s o s A � PARI h .^ o PAR: I 77 IDA ? 3.. "• C: x m A rA1 °9 _7.252 -..._ _ i8F 752 I r ]R _ -------- 1071: _7A 1 D.1 a m o P 'i PIN 22436'11 11 (LT) i m Ih GS z a c wz d� A m - 2 4 R vi mp O C) z T 4i J isK' Z p r S O 2!PI"1 a� I -n ❑ 17411 N,'� .i m' b � m �X z N, r Region of Waterloo Dianna Saunderson 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 D20-20/21 KIT May 4, 2021 Re: Comments for Consent Applications B2021-025 to 62021- 028 Committee of Adjustment Hearing May 18, 2021 CITY OF KITCHENER B2021-025 20 Sylvia Street Tamara McGillivray The owner/applicant is proposing a lot addition to the adjacent parcel. The Region has no objection to the proposed application. B2021-026 41 Ardelt Place Doyle Investment Corporation The owner/applicant is proposing a severance to create a new vacant industrial lot with access to Ardelt Avenue. 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. Record of Site Condition: Regional Staff acknowledge the subject lands are identified as a High Threat in the Region's Threats Inventory Database. The owner/applicant has completed a Record of Document Number: 3647258 Version: 1 Site Condition (RSC) #225993 to allow for the sensitive and non -sensitive uses on the severed and retained lands. Regional Staff have no further concerns. 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. 0011YA11151YAI 418 Alice Avenue Kamaljit Khanna The owner/applicant is proposing a severance to create a new residential 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. 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. 0011YA11151N.] 564 and 592 Belmont Avenue West Belmont Medical Centre Inc. The owner/applicant is proposing a severance to have the existing commercial medical centre at 564 Belmont Avenue West to be a separate parcel from the vacant land at 592 Belmont Avenue West. There is no proposed development on the vacant land. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Record of Site Condition: Regional Staff acknowledge the subject lands are identified as a Known Threat in the Region's Threats Inventory Database. The owner/applicant has completed a Record of Site Condition (RSC) #225993 to allow for commercial uses on the severed and retained lands. Regional Staff have no further concerns. Water Services: The subject site is fronting Belmont Ave W. There is a 450mm in diameter Regional watermain and a 300mm in diameter local watermain. Given the proximity to a 450mm in diameter Regional watermain, the owner/applicant should be made aware that no Document Number: 3647258 Version: 1 connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2021. 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, '1 j� _ Matthew Colley, Planner, MCIP, RPP Document Number: 3647258 Version: 1 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion May May 6, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: May 18, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-031 50 Brookside Crescent 660 Avondale Avenue A 2021-036 20 Sylvia Street 30 Simeon Street A 2021-037 41 Ardelt Place 40 Prueter Avenue A 2021-038 418 Alice Avenue 47 Kilkerran Crescent A 2021-039 564 & 592 Belmont Avenue West 78 Shanley Street A 2021-040 59 Bechtel Drive A 2021-041 63 Bechtel Drive A 2021-042 29 Gruhn Street A 2021-043 10 Eastwood Drive A 2021-044 54 Park Street A 2021-045 Otterbein Road (Blocks 3 & 4) Applications for Consent B 2020-047 50 Brookside Crescent B 2021-025 20 Sylvia Street B 2021-026 41 Ardelt Place B 2021-027 418 Alice Avenue B 2021-028 564 & 592 Belmont Avenue West 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-cirand river.ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority