HomeMy WebLinkAboutDSD-2021-239 - A 2021-141 & B 2021-066 - 120 Benton StreetStaff Report
Dbvelo n7ent Services Department
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 14, 2021
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 9
DATE OF REPORT: December 3, 2021
REPORT NO.: DSD -2021-239
SUBJECT: Minor Variance Application A2021-1141
Consent Application B2021-066
120 Benton Street
Owner- Arrow Lofts Inc.
Applicant- Chris Pidgeon, GSP Group
RECOMMENDATION:
That application A2021-141 requesting permission to allow for a maximum building height of
56.55m rather than the permitted 45m to provide for the addition of a rooftop amenity be
approved.
And;
That application B2021-066 requesting permission to grant easements in favour of 112
Benton Street; the first easement proposed over Part 1 on the reference plan provided with
the application for the purpose of a loading/unloading bay; and, the second an easement over
Parts 2 and 3 intended for pedestrian and vehicular ingress and egress and access to the
loading/unloading bay be approved, subject to the following conditions:
That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following and shall be approved by the City Solicitor:
a) 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);
b) a clause/statement/wording confirming that the Easement(s) being granted
shall be maintained and registered on title in perpetuity.
2. 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.
*** 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 construct a rooftop amenity area on top of the building at
120 Benton Street currently under construction. This would result in an increase in building height
from 45 metres to 56.55 metres.
The applicant is also requesting to establish access easements for shared functional
loading/unloading areas between the current condominium building at 112 Benton Street and the
subject property.
BACKGROUND:
The subject property located at 120 Benton Street is designated as Mixed Use within the Urban
Growth Centre in the City's Official Plan and identified as Urban Growth Centre on the City's Urban
Structure Map.
The property is zoned as Commercial Residential Three Zone (CR -3) with Special Regulation
Provision 394R in Zoning By-law 85-1.
REPORT:
Planning Comments:
Minor Variance for Building 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
The subject property is designated Mixed Use in the Urban Growth Centre within the Official
Plan. This designation aims to be flexible and responsive to land use pattern changes and
permits a broad range of uses at different scales and intensities. Policy 15.4.7 states that
development of lands within the Mixed Use designation implement a high level of urban design.
Staff is of the opinion that the addition of the proposed rooftop amenity area will positively
contribute to the form, design, and functionality of the site. Therefore, the requested variance
meets the general intent of the Official Plan.
General Intent of the Zoning By-law
2. The maximum height regulation within Special Regulation Provision 394R was established
through Zoning By-law Amendment application ZCO2/35/B/JV and is specific to the subject
building. The building height of 45 metres is measured to the highest point of livable floor space
on the 16th floor and does not include two storeys of mechanical penthouse and elevator shaft
areas above. The requested proposal to add a rooftop amenity to the 17th floor would result in
the building height measurement being calculated from the 17th floor which would be 56.55
metres. The total building height and number of floors with residential units would remain the
same, as constructed. The intent of the maximum building height regulation is to mitigate impacts
to neighbouring properties and ensure an appropriate building mass and form. The proposal to
add a rooftop amenity will not add any physical mass or height to the existing building. 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 building is existing, and no additional physical height is proposed through this application.
Staff consider the requested variance to be appropriate.
Is the Variance Minor?
4. The proposed rooftop amenity is to be added to an existing mechanical floor. The calculation of
the rooftop amenity within the building height represents a minor increase, and it is not expected
to cause any adverse impacts to abutting properties. Therefore, the requested variance is
considered minor.
View of Existing Building (December 2, 2021)
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Consent (Creation of 2 Easements)
The applicant is requesting consent to create 2 easements:
• Easement 1 for access to loading/unloading area shown as Part 1 on below reference plan and
being irregular in shape
• Easement 2 for pedestrian and vehicular access, ingress and egress shown as Part 2 & 3 on
below reference plan and being irregular in shape
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Proposed Reference Plan Showing Easements
The purpose of the easements is to facilitate 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
shared loading area among the two properties.
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View of Proposed Shared Loading Area Access (December 2, 2021)
Building Comments:
The Building Division has no objections to the proposed variance and consent.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
The property municipally addressed as 120 Benton Street is located adjacent to protected heritage
properties within the Victoria Park Area Heritage Conservation District (VPAHCD); located adjacent
to 307 Queen Street South (designated under Part IV of the Ontario Heritage Act) and is located
adjacent to the Nelson Terraces which encompass properties that are listed and designated under
Part IV and Part V of the Ontario Heritage Act. A Heritage Impact Assessment was submitted with
the planning applications that facilitated the development currently under construction.
The subject property is currently being developed with a 16 -storey building, plus a mechanical
penthouse and elevator shafts which are excluded from the maximum building height calculation.
The approved building currently under construction has a physical height of 18 storeys. The addition
of a rooftop amenity space on the 17th storey will not alter the physical height of the approved
development, nor will there be any additional impact on the adjacent heritage properties. As such,
Heritage Planning staff do not have concerns with the proposed variance or consent applications.
Environmental Comments:
No Environmental Planning concerns.
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:
None.
N,4*+V-
Region of Waterloo
Sarah Goldrup
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
Peter Ellis
519-503-2536
D20-20/21 KIT
December 3, 2021
Re: Comments for Consent Applications B2021-063, B2021-064, 62021-
065, B2021-066, and B2021-069
Committee of Adjustment Hearing December 14, 2021
CITY OF KITCHENER
B2021-063
11 East Avenue
2839636 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc.)
The owner/applicant is proposing a lot addition.
The Region has no objection to the proposed application.
B2021-064
500 Karn Street
Calin and Adriana Pele
The owner/applicant is proposing to sever the existing lot into two separate lots.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
IT04WITI -2ii►l1Iti1 om-
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.
Environmental Noise (Advisory Comments):
Regional staff note that Westmount Road (Regional Road #50) is located approximately
77 metres away from the subject lands. While it is possible that the subject lands may
on occasion have traffic related noise impacts, Regional staff note the substantial
intervening land uses that will likely mitigate any potential noise impacts on the retained
and proposed severed lots. As a result, a transportation noise impact study or noise
warning clauses will not be required for this application.
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 must submit a valid section 59
notice.
B2021-065
156 Strange Street
Richard and Erin Griesbaum / Boban Jokanovic (Agent)
The owner/applicant is proposing to sever the current property into two lots. Two semi-
detached dwellings are under construction and the purpose would be to sever the lot
into two parcels where each parcel would contain one semi-detached dwelling. This
application is a resubmission of consent application B2020-032.
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 note that the subject lands are approximately 137 metres from the CN
Railway mainline and may be impacted by transportation noise in the vicinity. As a
result, the owner/applicant must enter into an agreement with the City of Kitchener to
include the following noise mitigation and warning clauses in all Offers of Purchase and
Sale, lease/rental agreements for all dwellings on the severed and retained lands:
IT04WITI-2 M1011 MI, 073-MBRYANVA
a) The dwelling will be installed with air ducted heating and ventilation suitable sized
and designed for provision of central air conditioning system.
b) The following Noise Warning Clauses will be included all Purchase/Sale and
Rental agreement:
i. "Purchasers/tenants are advised that sound levels due to increasing
transportation noise in the vicinity may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and the
Ministry of the Environment, Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that "This unit has been designed with the
provision of adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and medium
density developments will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound level limits
of the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment, Conservation & Parks (MECP)."
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-way."
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) The owner/applicant must enter into an agreement with the City of Kitchener to
include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements for all dwellings on the severed and
retained lands:
a. The dwelling will be installed with air ducted heating and ventilation
suitable sized and designed for provision of central air conditioning
system.
IT04WITI -2ii►l1Iti1 om- [cBRYANVA
b. The following Noise Warning Clauses will be included all Purchase/Sale
and Rental agreement:
"Purchasers/tenants are advised that sound levels due to
increasing transportation noise in the vicinity may occasionally
interfere with some activities of the dwelling occupants as the
sound levels may exceed the sound level limits of the Regional
Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that "This unit has been designed
with the provision of adding central air conditioning at the occupant'
s discretion. Installation of central air conditioning by the occupant
in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Regional
Municipality of Waterloo (RMOW) and the Ministry of the
Environment, Conservation & Parks (MECP)."
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-way."
0011YA 11154:11
112 and 120 Benton Street
Arrow Lofts Inc. c/o Auburn Developments Inc. / Chris Pidgeon (GSP Group)
The owner/applicant is proposing easements for pedestrian and vehicular access in
favour of 110 Benton Street.
The Region has no objection to the proposed application.
ITOWWii -211 ►1111ii1073-MI.3MAIVA
B2021-069
86 Whitney Place
Vlad Knezevic
The owner/applicant is proposing to sever the lot into two separate lots for low rise
residential development. The existing dwelling is to be demolished and a duplex is
proposed to be built on each new 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.
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.
Environmental Noise:
Regional Staff note that the subject lands are approximately 167 metres from the CN
Railway mainline and approximately 157 metres from Courtland Avenue East (Regional
Road #53) and may be impacted by transportation noise in the vicinity. Regional staff
agree that existing intervening land uses will likely partially mitigate the proposed
dwellings from environmental noise. As a result, in lieu of requiring a transportation
noise study (for railway and road traffic noise), Regional staff agree that the
owner/applicant must enter into an agreement with the Region of Waterloo to include
the following noise warning clause in all Offers of Purchase and Sale, lease/rental
agreements for all dwellings on the severed and retained lands:
Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to
increasing transportation (road and rail) noise in the vicinity may on occasions interfere
with some activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Region of Waterloo and the Ministry of the Environment
Conservation & Parks (MECP)."
The Region has no objection to the proposed application, subject to the following
condition:
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 must submit a valid section 59
notice.
IT04WITI -2ii►1[ MI, o a' i[cBUYANVA
3) The owner/applicant must enter into an agreement with the Region of Waterloo
to include the following noise warning clause in all Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed and retained lands:
a) Noise Warning Clause A: "Purchaser/tenants are advised that sound levels
due to increasing transportation (road and rail) noise in the vicinity may on
occasions interfere with some activities of the dwelling occupants as the
sound levels may exceed the sound level limits of the Region of Waterloo and
the Ministry of the Environment Conservation & Parks (MECP)."
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
. om019n, �c�:�:��c IVA
Region of Waterloo
November 30, 2021
Kristen Hilborn
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
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
File No.: D20-20/
VAR KIT GEN
(7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST
1863342
ONTARIO INCORPORATED
(10) /55, 945 VICTORIA STREET NORTH PURELAND
INVESTMENTS INCORPORATED
(12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T
08204 ACTIVA HOLDINGS OTTAWA TRUSSLER
HWY 7 AND 8
(13)/06 BENTON, 120 BENTON STREET ARROW LOFTS
INC
(14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE
OF FRIENDSHIP
(16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC
Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2021-120 — 12 Hilda Place — No Concerns.
2) A 2021-130 — 878 Frederick Street —No concerns.
3) A 2021-131 — 95 Maitland Street — No Concerns.
4) A 2021-132 — 26 Monteagle Crescent — No Concerns.
5) A 2021-133 — 12 East Landsowne — No Concerns.
6) A 2021-134 — 715 Frederick Street — No Concerns.
7) A 2021-135 — 1572 Highland Road West — No Concerns.
Document Number: 3887462
Page 1 of 2
8) A 2021-136 — 888 Trillium Drive — No Concerns.
9) A 2021-137 — 29 Hurst Avenue — No Concerns.
10)A 2021-138 — 945 Victoria Street North — No Concerns.
11)A 2021-139 — 938 Strasburg Road — No Concerns.
12)A 2021-140 — 630 Benninger Road — No Concerns.
13)A 2021-141 — 120 Benton Street — No Concerns.
14)A 2021-142 — 47-63 Charles Street East — No Concerns.
15)A 2021-143 — 75 Charles Street East — No Concerns.
16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns.
17)A 2021-145 — 86 Whitney Place (Severed) — 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
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:
Sarah Goldrup
CofA(aMtchener.ca
KA
December 2, 2021
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
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Via email only
Re: Committee of Adjustment Meeting — December 14, 2021
Applications for Minor Variance
A 2021-116
74 Rutherford Drive
74 Rutherford Drive
A 2021-117
11 East Avenue
74 Rutherford Drive
A 2021-130
500 Karn Street
878 Frederick Street
A 2021-131
156 Strange Street
95 Maitland Street
A 2021-132
120 Benton Street
26 Monteagle Crescent
A 2021-133
47-75 Charles Street East & 40-42,
12 East Lansdowne
A 2021-134
86 Whitney Place
715 Frederick Street
A 2021-135
1572 Highland Road West
A 2021-138
945 Victoria Street North
A 2021-139
938 Strasburg Road
A 2021-140
630 Benninger Road
A 2021-141
120 Benton Street
A 2021-142
to
143 47-75 Charles Street East & 40-42,
A 2021-144
to
145 86 Whitney Place
Applications for Consent
B 2021-054
74 Rutherford Drive
B 2021-063
11 East Avenue
B 2021-064
500 Karn Street
B 2021-065
156 Strange Street
B 2021-066
120 Benton Street
B 2021-067
to 068
47-75 Charles Street East & 40-42,
B 2021-069
86 Whitney Place
50 Eby Street
50 Eby Street
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 aherremana-grand 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
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2
the Grand River Conservation Authority.
Sarah Goldrup
From:
Sent: Wednesday, December 8, 2021 10:47 AM
To: Sarah Goldrup
Subject: [EXTERNAL] RE: City of Kitchener - Committee of Adjustment
I'm a resident of 112 Benton St. To move in, do any kind of delivery, repairs or renovations is very difficult not only for us
but for the people working for us. Everything has to go in the front of the building through the big garage door and a
long trec to our elevators. It would be such a great improvement to any services in the building.
One other thing I would like to mention is the eye sore of the orange cones at the front of the building for all of the
trades to park and the general affect of the road and traffic on the street.
-. 112 Benton St.
Sent from my Galaxy
Original message
From: Sarah Goldrup <Sarah.Goldrup@kitchener.ca>
Date: 12/8/2110:19 AM (GMT -05:00)
To:
Subject: City of Kitchener - Committee of Adjustment
Good morning
I hope you're well. I understand that you contacted the office about attending the 10:00 a.m. Committee of Adjustment
meeting on December 14, 2021, regarding an item of interest. I understand that electronic meetings are not everyone's
cup of tea, and you would also be welcome to share your comments in writing with me in advance of the meeting. I will
circulate them to the Committee of Adjustment, staff, and the applicant in advance of the meeting. Please note, your
submission would make up the public record for this matter and will be noted in the minutes. Please be advised as this is
a public meeting, your contact information may be disclosed if the list of the interested parties is requested related to a
specific application. To have the right to appeal the Committee of Adjustment's decision on this matter, you must make
a written submission in advance of the meeting or attend the meeting to make a verbal delegation. If you only intend to
view the meeting, you can find the live stream at kitchener.ca/watch now.
Please let me know if you have any questions.
Best,
Sarah
Sarah Goldrup
Committee Administrator I Corporate Services I City of Kitchener
