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HomeMy WebLinkAboutDSD-2021-203 - B 2021-056 to 057 & A 2021-119 - 300 Bridge St EStaff Report Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -21-203 SUBJECT: Minor Variance Application B2021-119 Consent Applications B2021-056-057 300 Bridge Street East Owner- Kreutner Investments Inc. Applicant: - Pierre Chauvin, MHBC Planning RECOMMENDATION: That application A2021-119 for permission to construct an industrial building having a building height of 14m rather than the maximum permitted height of 10.5m be approved. That application B2021-056-57 for consent to sever a parcel having a width of 367m, a depth of 255m, and an area of 77, 153 sq.m and to grant an easement over the retained lands in favour of the severed lands as outlined on the plan submitted with the application for the purpose of stormwater management 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 to the satisfaction of the City's Revenue Division; 2. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $85,581.00. The park land dedication is calculated at the Business Park land class with a parkland dedication rate of 2% of the total site. 3. 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 Agn (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 the satisfaction of the City's Mapping Technologist. 4. That the Owner shall enter into an agreement to be prepared by the City Solicitor which shall acknowledge that the severed lands are un -serviced and shall provide for the installation of services and service connections to the severed lands to be completed prior to any future development of the severed lands. The agreement *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. shall further require the Owner to include a notice provision in all future Agreements of Purchase and Sale for the severed lands advising potential Purchaser(s) that the severed lands are un -serviced. The said agreement shall be to the satisfaction of the Director of Engineering and the City Solicitor and shall be registered on title to the severed lands. 5. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The application is requesting to: 1. Sever the subject lands to create a new industrial lot. 2. Grant an easement over the retained lands in favour of the severed lands for the purposes of stormwater management. 3. Permit a building height of 14 metres on the retained lands whereas 10.5 metres is the maximum building height for lots that abut residentially zoned properties. Location Map: 300 Bridge Street REPORT: BACKGROUND: The property is split -designated as Business Park Employment and Natural Heritage Conservation in the City's Official Plan and split designated Industrial Employment area and Green Area on the City's Urban Structure Map. The property is split -zoned as Restricted Business Park Zone (B-2) and Natural Heritage Conservation (NHC-1) in Zoning By-law 85-1. The applicant has applied for site plan approval to construct an approximately 14, 000 Sq.M industrial building to be used for manufacturing. The site plan has been granted Approval in Principle. The industrial building is located on the western portion of the site and the applicant is seeking to sever the eastern portion of the lands to create a new industrial lot. The stormwater management has been designed to service the entire site, resulting in the need for an easement to recognize the stormwater management infrastructure that will be installed. Planning Comments: Minor Variance- Increase in height In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan 1. The subject property is split -designated as Business Park Employment and Natural Heritage Conservation in the City's Official Plan, but the portion of the property containing the proposed building is designated Business Park Employment. This designation identifies that lands within proximity to residential areas will be subject to additional buffering requirements such as building setback and landscape screening. The applicant has provided a substantial building setback- the closest residential property line is approximately 63 metres from the proposed building. Landscape screening is proposed to be provided between the building and the residentially zoned properties. In the opinion of Staff, the building has provided adequate buffering and therefore meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that restricts building height to 10.5 metres for lands within the B-2 zone that abut residential zones is to mitigate impacts that taller buildings can have on residents in neighbourhing homes. This regulation is complementary to the minimum side yard setback abutting a residential zone: 14 metres when the building wall contains a window or door. The impact of building height is reduced the further the building is from the property line. While the minimum side yard setback to a residential zone is 14 metres, the proposed side yard setback is 63 metres at the closest point. The proposed side yard setback that exceeds the minimum accomplishes adequate building separation and buffering and effectively mitigates the impacts of the increase in building height in Staff's opinion. The buffer is strengthened by the proposed trees and landscaping proposed between the building and the residential area. A noise wall is also proposed as recommended by the Noise Study that the applicant prepared for the site plan application. Staff are confident that the layout of the site that includes a substantial building setback, noise wall, and landscaping is sufficient to provide an adequate buffer to the residential zone abutting the subject property. Therefore, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The proposed building height of 14 metres is not expected to cause adverse impacts to the surrounding neighbourhood. No shadow impacts are expected due to the distance of the building from the residential zones. Staff consider the requested variance to be appropriate. Is the Variance Minor? 4. The proposed variance for building height represents an increase of 3.5 metres and does not substantially alter the massing of the building. It does not represent an increase in floor space as no additional floors will be built above- it is simply increased ceiling height. Staff are of the opinion that the requested variance is minor. Consent- Severance The Owner is requesting permission to sever the subject lands into two lots to create a new industrial lot. The severed lot would have a lot width of 367 metres, a depth of 255 metres, and an area of 77, 153 square metres. The retained lot would have a lot width of 413 metres, a depth of 640 metres, and an area of 206, 000 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, staff is satisfied that the creation of the severed lot is desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff are of the opinion that the size, dimension, and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. Consent- Easement The applicant is requesting consent to create an easement for stormwater management on the retained lands. Staff acknowledge that stormwater management is being designed through site plan application SP21 /014/B/ES and encompasses the full lands. Therefore, an easement will be required for outlet of stormwater from the severed lands over the retained lands and ultimately to the City's stormwater management pond. Staff do not have concerns with the creation of this easement as it is required to manage stormwater within the subject lands. City Planning staff conducted a site inspection of the property on October 1, 2021. View of Vacant Site (October 1, 2021) _ x 4 .V IN View of Vacant Site (October 1, 2021) Building Comments: The Building Division has no objections to the proposed variance and consent applications Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: Environmental concerns will be addressed through the Site Plan process. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: The owner will be required to enter into an agreement for the un -serviced severed lot. Parks /Operations Comments: Cash -in -lieu of park land dedication will be required on the severed parcel. The policy standard land valuation of $555,000 per hectare under the Business Park land class with a parkland dedication rate of 2% of the total site will apply. The cash -in -lieu dedication required is $85,581.00. No City -owned street trees will be impacted by the proposed severance or development SEVERED �/rPvf 1 /s,ORAi TER fATERR //SWALE j/ 4 ;,4 REGM'T� uM' EMEM Y Y ERE i '�{f �LCrr/ _a I 31 `'J J �I rf I�J I�+rp IJ EASEMENT FOR FUTURE f TRAIL IN FAV MR OF CRT �Vr JJ OF KRCHEI4ER Part 5 � I J III �IJIj/JI ®IJIiJJ J`I J I/JJ x111 I �fJ Proposed lot fabrics 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 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. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: None. N'440r- Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DFVFLOPMFNT AND LFGISLATIVF 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. reg ionofwate rloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT October 14, 2021 Re: Comments for Consent Application B2021-056 Committee of Adjustment Hearing October 19, 2021 CITY OF KITCHENER B2021-056 300 Bridge Street East Kreutner Investments Inc. / P. Chauvin (MHBC) The owner/applicant is proposing to sever the lands and create an easement on the retained lot. The portion of the lands to be retained are planned to be developed as a two storey manufacturing facility and the severed lands are to be sold for future employment uses. A stormwater management easement is being requested on the retained lands. 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. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Record of Site Condition: Regional Staff note that the results of a Phase II Environmental Site Assessment (ESA) prepared by Pinchin dated July 10, 2019 shows known contamination in both soil and Document Number: 3849247 groundwater on the site. Therefore, a Record of Site Condition (RSC) for both the retained and severed parcels will be required prior to final approval due to known contamination on the property and in accordance with the Region's "Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites". A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the Region of Waterloo to fulfill this condition. Cultural Heritage: Regional staff note that the subject property possesses the potential for the recovery of archaeological resources due to the proximity of a watercourse and historically mapped structures, and its location along a historic road. As such, an Archaeological Assessment will be required by a licensed Archaeologist on the lands to be severed, prior to final approval of the consent application. The owner/applicant must submit the Archaeological Assessment report(s) to the Ministry of Heritage, Sport, Tourism and Culture Industries and, once reviewed and accepted, provide a copy of the Ministry's Acknowledgement letter(s) and the Assessment Report to the satisfaction of the Region of Waterloo's Planning, Development and Legislative Services Department. Please note that the completed archaeological assessment may result in recommendations that may need to be secured through a development agreement with the City of Kitchener, or an alternative mechanism acceptable to the Region of Waterloo. Dedicated Road Widening: A dedicated road widening of approximately 3.05m (10 feet) will be required along the entire property frontage on Bridge Street East (RR #52) to comply with the Regional Official Plan (ROP) designated road width of 26.213m. An Ontario Land Surveyor (OLS) would be able to determine the exact amount of widening to be conveyed. Phase I and II ESA reports have already been reviewed by Regional Staff as part of a related Site Plan application SP 21/014/B/ES. As a result of the review, the road widening dedication will be accepted `AS IS' and can be excluded from the Record of Site Condition boundaries of the subject lands. A draft Reference Plan, prepared by an OLS, must be submitted for review and approval prior to submitting the plan to the Land Registry Office. To date, Regional staff note that a draft Reference Plan has not been provided for review and approval. All costs associated with the road widening will be the owner's responsibility and the lands must be dedicated to the Region free of any encumbrances. Environmental Noise Study: A stationary noise study entitled "Environmental Noise Assessment 300 Bridge Street East Kitchener Ontario" prepared by SLR dated February, 2021 was provided with the related Site Plan application SP 21/014/B/ES. The noise study has been prepared to assess the impacts of stationary noise from the proposed development on the nearby noise sensitive land uses. Document Number: 3849247 Preliminary review comments by Regional Staff on the noise study noted that a consultant Statutory Declaration and Owner's Statement were not included in the noise study and these documents are required to be submitted before formal acceptance of the report by Regional Staff. In addition, it was noted that the noise consultant should confirm whether there will be any potential impulse noise sources requiring assessment in the noise study. Notwithstanding confirmation of impulsive noise, a signed consultant declaration and owner's statement, Regional staff generally concurs with the conclusions and recommendations of the draft noise study. Regional staff require that the conclusions and recommendations of the noise study, once accepted and approved by Regional staff, will be implemented through a registered agreement with the owner/applicant and the City of Kitchener. Transportation Impact Study (Advisory Comments): Regional Staff note that a TIS has been prepared and accepted by the Region for the related site plan development on the proposed severed lot. As per the TIS approval conditions, the owner/developer will be required to undertake a TIS for the future development of the retained lot, to the satisfaction of the Region, once development plans are available. Pending the outcome of the future TIS for the retained lot, any additional approval conditions would apply to the retained lands including, but not limited to, an Access Permit, Functional Plans, Cost Estimates, and Dedication of additional lands. Stormwater Management Brief / Detailed Grading Plan (Advisory Comments): The detailed SWM report (pending approval by the Region) for the severed lot will be required for the future development on the retained lands. Transit Planning (Advisory Comments): Once development plans are available, any transit requirements will be identified at a future development application stage (site plan) for the future development on the retained and severed lands. Site Servicing / Work Permit / Municipal Consent (Advisory Comments): A Municipal Consent will be required for the installation of any new service connections and/or to update or remove existing servicing connections for both the severed and retained lands. In addition, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region's right of way. In this regard, please visit: https://rmow. perm itcentral.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. Document Number: 3849247 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant file a Record of Site Condition for both the retained and severed lands. 4) That prior to final approval, a licensed Archaeologist prepares an Archaeological Assessment on the lands to be severed and a copy of the Ministry of Heritage, Sport, Tourism and Culture Industries Acknowledgement letter(s) and the Assessment Report must be provided to Regional Staff to the satisfaction of the Region's Planning, Development and Legislative Services Department. 5) That prior to final approval, recommendations from an accepted Archaeological Assessment report(s) will be secured through a development agreement with the City of Kitchener, or an alternative mechanism acceptable to the Region, as necessary. 6) That prior to final approval, a road widening along the entire property frontage on Bridge Street East be dedicated to the Region of Waterloo `AS IS' at no cost to the Region and the dedication must be free and clear of any encumbrances, to be in compliance with the designated road widths in the Regional Official Plan, to the satisfaction of Regional Staff. 7) That prior to final approval, Regional Staff accept the noise study titled "Environmental Noise Assessment 300 Bridge Street East Kitchener Ontario" prepared by SLR dated February, 2021; and the owner/applicant enter into an agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Stationary Noise Study. General Comments Any future development on the lands subject to the above -noted consent application 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 Cc: Amanda Kutler, (Region) Pierre Chauvin, (MHBC) Eric Schneider, (City of Kitchener) Document Number: 3849247 October 07, 2021 Kristen Hilborn PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development KA Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 .and R►��°� C? � �ation P� 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: Committee of Adjustment City of Kitchener DATE: FILE: October 5, 2021 Severance — 300 Bridge St E RE: Minor Variance Application A2021-119 Consent Application B2021-056 300 Bridge Street East Kreutner Investments GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objections to the severance or minor variance. We'd caution the applicant and the City about easement alignments. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands are adjacent to the Grand River, and contain its associated floodplain, wetlands and valley slopes. 2. Legislative/Policy Requirements and Implications: Due to the presence of the resource features listed above, 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 applicant previously confirmed the extent of the erosion hazard on the subject lands, through submitting a geotechnical investigation (Pinchin, June 2020) to the GRCA. The severed parcel is outside of the erosion hazard and a 6 metre development setback, and therefore we have no objections to the minor variance application or the proposed severance. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River We issued a GRCA permit for pre -grading (453/21), but another GRCA permit application to develop the retained parcel and implement stormwater management for all of the subject lands (123/21) is currently on hold. We are waiting for a water balance study, as well as subsequent revisions to the environmental impact study and the detailed stormwater management design. We wish to caution the applicant that the stormwater management easement (Part 4) may or may not require adjustment, depending on the outcome of those studies and our review of them. 3. Advisory Comment to the City: The consent application includes an easement in favour of the City for a future trail (Part 5). Any future trail in this area must meet GRCA policy and be supported by additional studies as required. This may change the easement alignment shown on the plan. 4. Review Fees: These applications will be considered minor. We have already received a fee for our review of site plan application SP21-014-B-ES, and so no further fees are required. 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(a-�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 Attachment C.C. Pierre Chauvin, MHBC Duane Lindner, Associated Engineering Page 2 of 2 N0 I zQ L O Q `o N 7 CU C)C9 O n `e Q ina W a� N (� > m U a6 �° ._p m (D L t -= r p s_ 'o (7 cu 0 �° Q (7 CW m F y n a _� o � A° 0 0 lo b >r0E c) Q °o ro>o ° >e a) E LU L + o Q, w 7 Eo°w oo) o) m w w Q MUO Uo O o m o —a�w —vo -6 aQ �' �� M n oaoao=� A N N v�q-LLE �q a U O u v',U S .92F--T,'5 Z • { S•: 57i Z 71� . z a Q 4 F 6 d� rL ! � 4 � M, l � e co , iZ lig d Q Q