HomeMy WebLinkAboutDSD-2021-099 - B 2021-030 - 509 Mill St
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 15, 2021
SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157
PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: June 4, 2021
REPORT NO.: DSD-21-099
SUBJECT: Consent Application B2021-030
509 Mill Street
Owner- 1154461 Ontario Limited
Applicant - Matthew Warzecha, Polocorp Inc.
RECOMMENDATION:
That application B2021-030 for consent to sever a parcel of land having a width on Mill Street
of 12.8m, a depth of 64m and an area of 801 sq. m to be conveyed as a lot addition to the
property municipally addressed as 485 Mill Street 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 property(ies) to the satisfaction of
2. That the owner provides 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 size paper copies of the plan(s). The digital file needs to
be submitted according to the City of Kitchener's Digital Submission Standards to
3. That the owner submits a site plan application to amend the approved site plan for
the severed lands (SP12/096/M/MV
Development and Customer Service.
4. That the owner provides a building code assessment as it relates to the new
proposed property line to the satisfaction of the Chief Building Official. The building
code assessment relates to the new proposed property line and any of the buildings
adjacent to this new property line and shall address such items as spatial separation
Closing in of openings may be required, pending spatial separation calculation
results.
5. That the lands to be severed are to be added to the abutting lands and title is to be
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taken into identical ownership as the abutting lands. The deed for endorsement shall
include that any subsequent conveyance of the parcel to be severed shall comply
with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
6.
Application Consolidation Parcels immediately following the registration of the
Severance Deed and prior to any new applicable mortgages, and to provide a copy
of the registered Application Consolidation Parcels to the City Solicitor within a
reasonable time following registration.
REPORT HIGHLIGHTS:
The application is requesting a lot addition by severing a portion of an existing lot containing an
industrial employment use and conveying it to another adjacent lot (lot line adjustment). The subject
area currently contains surplus parking for the industrial employment use at 509 Mill Street.
Location Map: 509 Mill Street
REPORT:
BACKGROUND: The property is designated as General Industrial Employment
Plan and identified as a Major Transit Station Area Map.
The property is zoned as General Industrial (M-2) in Zoning By-law 85-1.
Planning Comments:
A portion of the lot at 509 Mill Street is proposed to be conveyed to 485 Mill Street as a lot addition.
No new lot will be created. Both lots currently contain industrial employment uses and no changes
to either building is proposed. The portion of the property to be conveyed is currently used for parking
and is considered surplus parking not required for the use at 509 Mill Street.
The severed portion of 509 Mill Street that would be conveyed to 485 Mill Street would have a width
of 12.8 metres, a depth of 64 metres and an area of 801 square metres. The retained lot would have
a lot width of 67.6 metres, a depth of 182.2 metres, and an area of 11, 305 square metres.
City Planning staff conducted a site inspection of the property on June 4, 2021.
Existing Parking Area at 509 Mill Street (June 4, 2021)
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
allow for a lot addition. The severed and retained lots meet the zoning
by-law. 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.
Based on the foregoing, Planning staff recommends that Consent Application B2021-030 requesting
to sever a portion of the lot at 509 Mill Street as a lot addition to 485 Mill Street be approved subject
to the conditions listed in the recommendation section of this report.
Proposed Lot Fabric
Building Comments:
The Building Division has no objections to the proposed applications provided:
1) A qualified designer is retained to complete a building code assessment as it relates to the new
proposed property line and any of the building adjacent to this new property line shall addresses such
items as:
in of openings may be required, pending spatial separation calculation results.
2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the
building code assessment.
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
No Environmental Planning concerns.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering Comments:
Engineering has no comments.
Parks and Cemeteries Comments:
Parkland dedication is not required for this application as no new developable lot has been created.
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
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
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
None.
Matthew Colley
575-4757 ext. 3210
D20-20/21 KIT
June 3, 2021
Dianna Saunderson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2021-029 to B2021-
035
Committee of Adjustment Hearing June 15, 2021
CITY OF KITCHENER
B2021-029
196 Sydney Street South
Azim and Toba Anwar
The owner/applicant is proposing a severance to facilitate the construction of a semi-
detached dwelling.
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.
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take-off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no objectionto 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.
B2021-030
509 Mill Street
1154461 Ontario Limited
The owner/applicant is proposing a lot adjustment of the property line between the
industrial uses at 485 and 509 Mill Street
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take-off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no objection to the proposed application.
B2021-031 and B2021-032
425 Bingemans Centre Drive
Bingemans Inc.
The owner/applicant is proposing a severance to create a new industrial lot on the western
portion of the subject lands. The owner/applicant also requires an easement/right-of-way
over the existing driveway located to the east in favour of the new lot. The storm sewer
easement and drainage outlet extending from the northern limits of the new lot northerly
and to the Grand River. The retained lands will continue to facilitate the existing
Bingemans Facility.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Environmental Planning:
Regional staff understand that an Environmental Impact Statement (EIS) is being
undertaken in support of the development of the subject lands, and any
recommendations from the EIS are intended to be implemented through the site plan
process. As such, Regional Staff have no requirements related to the consent
application.
The subject lands include, and are adjacent to Significant Valleyland and a Core
Environmental Feature (Significant Woodland) as designated by the Regional Official
Plan (ROP).
Regional Staff note that the EIS will address ROP policies relevant to the adjacent Core
Greenlands Network Implementation Guideline. Regional Staff request inclusion in the
circulation and review of the EIS once it is available
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.
B2021-033
269-271 Madison Avenue and 184 Mill Street
389160 Ontario Limited c/o Vive Development Corporation
The owner/applicant is proposing a severance to create an additional residential lot.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Environmental Noise:
Regional Staff acknowledge the dwellings on both the severed and retained lands may
have impacts from road noise from the municipal street system and rail noise from CN
Railway mainline (within 200 metres) in the vicinity. Regional Staff assumes that all
dwellings on these lots have air-ducted heating and ventilation system. Therefore, in
absence of an environmental noise study, Regional Staff require the following noise
warning clauses be included in all offers of purchase, deeds and rental agreements
through a registered agreement with the City of Kitchener for all dwellings on the
severed and retained lands:
i. The purchasers / tenants are advised that sound levels due to increasing road
traffic on Ottawa Street South and rail noise from CN Railway may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)
ii. -ducted heating and ventilation system
discretion. Installation of central air conditioning 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
iii. uccessors 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-
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 following noise warning clauses be included in all offers of purchase,
deeds and rental agreements
i. The purchasers / tenants are advised that sound levels due to
increasing road traffic on Ottawa Street South and rail noise from
CN Railway may occasionally interfere with some activities of the
dwelling occupants as the sound levels may exceed the sound level
limits of the Waterloo Region and the Ministry of the Environment
ii.-ducted heating and ventilation
system suitably sized and designed for adding a central air
conditioning at the o
conditioning 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
Environ
iii.
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-
b.
Building Inspector certify that the noise attenuation measures are
incorporated in the building plans and the dwelling units have been
constructed accordingly.
B2021-034 and B2021-035
297 Ottawa Street South
Jeremy Krygsman and Andrew Steinbach
The owner/applicant is proposing a severance to facilitate a semi-detached dwelling being
on separate lots. In addition, maintenance easements are required in favour of the
opposite properties along the common lot line.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Road Widening:
A dedicated road widening of approximately 5.2 metres along Ottawa Street South
(Regional Road #04) and a daylight triangle of 7.62 metres along the new property
line(s) of Ottawa Street South and Acacia Street, if applicable, would be required to be
conve
metre designated road width identified in the Regional Official Plan (ROP) for Ottawa
Street South. An Encroachment agreement would also be required for the existing
building that would be encroaching into the Regional right-of-way, after the dedication of
lands.
However, keeping in view the building lines for the existing residence a reduced road
dedication of 4.0 metres along Ottawa Street and reduced daylight triangle 4.25 metres
along the new property line(s) would be supported to avoid the need for an
Encroachment Agreement.
An Ontario land Surveyor (OLS) is required to determine the exact amount of the road
widening. A draft reference plan must be provided for review prior to depositing the
reference plan to the Land Registry Office. An Environmental Site Assessment report
will not be required for the purpose of the road dedication to the Region.
Environmental Noise:
Regional Staff acknowledge that the dwellings on the severed and retained residential
lots may have impacts from road noise from the traffic on Ottawa Street South
(Regional Road #04) and rail noise from CN Railway mainline (within 200 metres) in the
vicinity. Regional Staff assume that all dwellings on these lots have air-ducted heating
and ventilation system. Therefore, in absence of an environmental noise study,
Regional |Staff require the following noise warning clauses be included in all offers of
purchase, deeds and rental agreements through a registered agreement with the City of
Kitchener for all dwellings on the severed and retained lands
i. The purchasers / tenants are advised that sound levels due to increasing road
traffic on Ottawa Street South and rail noise from CN Railway may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Waterloo Region and the Ministry of the
ii. -ducted heating and ventilation system
discretion. Installation of central air conditioning 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
iii.
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-
certify that the
noise attenuation measures are incorporated in the building plans and the dwelling units
have been constructed accordingly.
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 the owner/applicant complete the required road widening dedication to the
satisfaction of the Region of Waterloo.
3) 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 following noise warning clauses be included in all offers of purchase,
deeds and rental agreements
i. The purchasers / tenants are advised that sound levels due to
increasing road traffic on Ottawa Street South and rail noise from
CN Railway may occasionally interfere with some activities of the
dwelling occupants as the sound levels may exceed the sound level
limits of the Waterloo Region and the Ministry of the Environment
ii. -ducted heating and ventilation
system suitably sized and designed for adding a central air
central air
conditioning 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
iii. 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-
b. That
Building Inspector certify that the noise attenuation measures are
incorporated in the building plans and the dwelling units have been
constructed accordingly.
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,
Principal Planner, MCIP, RPP
June 2, 2021
Dianna Saunderson Via email only
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Saunderson,
Re:June 15,2021Committee of Adjustment Meeting
______________________________________________________________________
Applications for Minor Variance
A 2021-04768 Guerin AvenueA 2021-05474 Paddock Court
A 2021-04893 Michener CrescentA 2021-05541 Heiman Street
A 2021-049279 Sheldon Avenue NorthA 2021-05629 Brunswick Avenue
A 2021-0504 DekayStreetA 2021-057269-271 Madison Ave. S.
A 2021-051185 Simeon StreetA 2021-058184 Mill Street
A 2021-05274 Chestnut StreetA 2021-059297 Ottawa StreetSouth
A 2021-05312 Blucher StreetA 2021-060297 Ottawa StreetSouth
Applications for Consent
B 2021-030509 Mill Street
B 2021-033269-271 Madison Avenue South & 184 Mill Street
B 2021-034297 Ottawa Street South
B 2021-035297 Ottawa Street South
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@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 1of 1
the Grand River Conservation Authority.
May 10, 2021
City of Kitchener Planning Division
th
200 King Street West, 6 Floor
Kitchener, ON
N2G 4G7
Attn: Planning Division
Re: 509 Mill Street
Consent Application (Lot Line Adjustment)
The owners of 485 and 509 Mill Street have come to an agreement to adjust a portion of the shared
property line between the adjacent parcels. An area of 801.00 square metres is proposed to be
transferred from 509 Mill Street (owned by 1154461 Ontario Limited (Delta Elevators Co Ltd)) to 485
Mill Street (owned by Polocorp Inc), as per the enclosed Consent Sketch. No new lot will be created.
The two parcels are located on the south side of Mill Street between Ottawa Street and Courtland
Avenue. The lands are currently designated as General Industrial Employment within the City of
Kitchener Official Plan and zoned General Industrial (M-2) within the Zoning By-law. The lands fall within
the Rockway Station Study Area within the Planning Around Rapid Transit Stations (PARTS) study. As
such, the lands are being considered as part of the Neighbourhood Planning Review and fall within the
Rockway Secondary Plan. The Review proposes that both properties be zoned High Rise Mixed Use Four
(MIX-4).
ЎЉВ aźƌƌ {ƷƩĻĻƷ
The lands municipally described as 509 Mill Street are currently occupied by Delta Elevators Co. Ltd. The
current parcel is approximately 12,087 sq metres in area with 80.4 metres of frontage on Mill Street. An
area of 801.0 square metres, including 12.8 metres of frontage, is proposed to be added to adjacent 485
Mill Street. The retained lands will be approximately 11,304.9 square metres with 67.6 metres of
frontage. The lands to be conveyed currently form part of the Delta Elevators parking lot. Following the
removal of them from the parcel, 509 Mill Street can continue to meet minimum parking requirements
by reconfiguring the existing spaces. The enclosed Parking Plan illustrates that a total of 57 parking
spaces, including 3 barrier-free spaces, can be provided whereas a minimum of 54 are required, as per
the existing Site Plan.
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ЍБЎ aźƌƌ {ƷƩĻĻƷ
The severed lands will be added to 485 Mill Street which is currently occupied by a storage building and
surface parking area. Following the lot line adjustment, 485 Mill Street will be approximately 4,490.8
square metres in area, with 33.6 metres of frontage. Ultimately, the lot addition will form part of a
larger assembly, comprised of 459, 469, 473, 477, 481 and 485 Mill Street, that is owned by Polocorp
Inc. It is anticipated that these lands will be redeveloped to another use that is consistent with the vision
outlined within the PARTS Study.
In summary, Delta Elevators and Polocorp Inc have come to an agreement to adjust a portion of the
mutual lot line between their properties. Following the severance, the Delta Elevators property will
continue to meet the minimum required parking for the property, as illustrated on the enclosed Parking
Plan. Ultimately, no new lot is being created, both existing properties continue to meet Zoning By-law
regulations and no negative impacts will be realized as a result.
In support of the proposed application for consent, please find enclosed the following materials:
Complete Application Form, including:
o Authorization Form; and,
o Environmental Site Screening Form;
Proposed Parking Plan; and,
Proposed Severance Sketch.
Given the restrictions currently in place due to the COVID-19 pandemic lockdown, the application is
being submitted digitally. Commissioning of the application will be coordinated with City staff in the
coming days. Similarly, the application fee will be submitted under separate cover prior to the May
th
17,2021 deadline.
th
I trust that the enclosed materials are sufficient to be considered at the June 15, 2021 Committee of
Adjustment meeting. Should you require any additional information, please feel free to contact the
undersigned.
Sincerely,
Polocorp Inc.
Matthew Warzecha, MCIP, RPP
Project Manager/Planner
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