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Home My WebLink AboutDSD-2021-157 - B 2021-042 - 220 Ira Needles BlvdREPORT TO:Committee of Adjustment DATE OF MEETING:August 17, 2021 SUBMITTED BY:Bateman,Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY:Schneider,Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED:Ward7 DATE OF REPORT:August 9, 2021 REPORT NO.:DSD-2021-157 SUBJECT:Consent ApplicationB2021-042 220 Ira Needles Blvd Owner–Galena Towers Limited Applicant-Al Allendorf RECOMMENDATION: That application B2021-042requesting permission to grant three easements in favour of the adjacent property municipally addressed as 1460 Highland Road West, easement 1 on the plan submitted having a width of 7.3m and being irregular in shape intended for driveway access; easement 2 having a width of 1.8m intended forpedestrian access; and, easement 3 being 25.3m by 48.1m for a shared common areabe approved, subject to the following conditions: 1.That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyorin 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 of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor,toensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 3.That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 4.The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 5.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 the City’s Revenue Division. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The applicant is requesting permission to grant easements related to the joint functionality of the properties municipally addressed as 220 Ira Needles Boulevard (two multiple dwelling buildings 15- 16 storeys in height with 344 dwelling units) and 1460 Highland Road West (11 stacked townhouse buildings with 101 dwelling units). Location Map:220 Ira Needles Blvd and 1460 Highland Road West BACKGROUND: The comprehensive development of the subject lands that includes both 1460 Highland Road West and 220 Ira Needles Boulevardreceived full site plan approval in 2009. An amendment to the original site plan approval was approved for 220 Ira NeedlesBoulevard2015toamend the layout of the proposed towers which was then constructed by the applicant.The lands addressed as 1460 Highland Road West were registered as Waterloo Condominium Corporation 527 in 2011. 220 Ira Needles Boulevard is not a condominium and will function as rental tenure. The applicant is seeking to establish access easements related to the joint functionality of the two adjacent sites. Thesubject lands aredesignated asHighRise Residentialin the City’s Official Plan and identified as aCommunity Area/Arterial Corridoron the City’s Urban StructureMap. Thelands arezoned asResidential NineZone(R-9)in Zoning By-law 85-1. REPORT: Planning Comments: The applicant is requesting consent to create 3easements: Easement 1 for driveway access measuring 7.3 metres wide and being irregular in shape Easement 2 for pedestrian access measuring 1.8 metres in width Easement 3 for shared common area measuring 25.3 metres in width and 48.1 metres in length. The purpose of the easementsis tofacilitate joint functionality between the two adjacent multiple residential properties. Staff does not have any concerns with the application as the easement is providing needed access and amenity space among the two propertieswhich have been planned to function as a consolidated development since the original siteplan approval in 2009. Based on the foregoing, Planning staff recommends that Consent Application B2021-42, requesting consent to create 3easementsbe approved, subject to the conditions listed in the Recommendation section of this report. City Planning staff conducted a site inspection of the property on August 4, 2021. View of Shared Access Between 220 Ira Needles Blvd and 1460 Highland Road West (August 4, 2021) Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. EnvironmentalComments: No environmental planning concerns. Parks and Cemeteries Comments: Parkland dedication is not required for this application as no new developable lot has been created and parkland dedication has been previously satisfied through 30T-02205. There are no City-owned street trees that will be impacted by the proposed easements. Engineering Comments: Engineering does not have any concerns with 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 Committeeof Adjustmentmeeting.A notice sign was placed on the propertyadvising 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: None Peter Ellis 519-503-2536 D20-20/21 KIT August 9, 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 ApplicationB2021-042 Committee of Adjustment Hearing August 17,2021 CITY OF KITCHENER B2021-042 220A/220B Ira Needles Blvd Al Allendorf (Galena Towers Ltd) The owner/applicant is proposing to formalize access and shared use between the separate properties via three separate easements. The Region has no objectionto the proposed application. Document Number: 3785897 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, Peter Ellis, MES Principal Planner Document Number: 3785897 August 5, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re:August 17,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-081101Schweitzer Street A 2021-082915Eaglecrest Court A 2021-083200Tartan Avenue A 2021-084210Tartan Avenue A 2021-08549Gruhn Street A 2021-087407Park Street A 2021-08862Hawkswood Drive A 2021-09050Otterbien Road A 2021-091Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Applicationfor Consent B 2021-042220Ira Needles Boulevard The above-noted 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.