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HomeMy WebLinkAboutDSD-2024-350 - B 2024-019 - 250 Shirley Avenue Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Ben Suchomel, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: August 7, 2024 REPORT NO.: DSD-2024-350 SUBJECT: Consent Application B2024-019 250 Shirley Avenue RECOMMENDATION: That Consent Application B2024-019 requesting consent to sever a triangular- shaped parcel of land having a width of 58 metres and an area 1,500 square metres (0.15 hectares), to convey as a lot addition to 260 Shirley Avenue, BE APPROVED subject to the following conditions: 1. That the Odraft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 2. 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 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 .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 Kitcheners Digital 4. That the lands to be severed be added to the abutting lands and title be 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5. 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. Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the Owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor. REPORT HIGHLIGHTS: The purpose of this report is to review an application for consent to facilitate a transfer of land from an industrial lot to the adjacent industrial lot, both containing industrial facilities. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject properties are located on the south side of Shirley Avenue between Riverbend Drive and Bingemans Centre Drive. Urban Structure and is Land Use in the --law 2019-051. The purpose of the application is to facilitate the conveyance of a portion of the rear yard at 250 Shirley Avenue to the neighbouring property at 260 Shirley Avenue as a lot addition. Figure 1: Location Map 250 Shirley Avenue (Outlined in Red) Figure 2: Site Plan Staff conducted a site visit to the subject property on July 30, 2024. Figure 3: Existing Industrial Facility at 250 Shirley Avenue on July 30, 2024 REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2020) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The subject application does not propose any development, rather it is an adjustment of lot lines. Planning Staff is of the opinion that the application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living and make efficient use of land. The subject application does not propose any development, rather it is an adjustment of lot lines. Planning Staff is of the opinion that the application conforms to the Growth Plan. Regional Official Plan (ROP): The subject property is located within the delineated built-up area, where economic activity is encouraged. Staff are of the opinion that the lot additionwill establish more appropriate lot lines that resemble the current use of both properties, therefore, are of the opinion that the proposed consent application conforms with the Regional Official Plan. Figure 4: Lands to be Conveyed to 260 Shirley Avenue Industrial Employment Areas Urban Heavy Industrial Employment Land Use in the Staff are of the opinion that the size, dimensions, and shape of the lots are suitable for the use of the lands and will continue to be compatible with the surrounding neighbourhood. The lands front onto a public street and the lot addition will establish more appropriate lot lines that resemble the current use of both properties. There are no natural heritage features that would be impacted by the proposed consent application. Staff are of the opinion that the proposed consent application c. Zoning By-law 2019-051 Heavy Industrial Employment Zone (EMP-3 in Zoning By-law 2019-051. The proposed boundary adjustment maintains compliance of the minimum lot width and lot area requirements in effect for the subject lands. Staff are of the opinion that -law. Planning Conclusions/Comments: 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 proposed boundary adjustment is desirable and appropriate. Environmental Planning Comments: No concerns. Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: No concerns Parks/Operations Division Comments: Parkland Dedication is not required for this Severance as the severed parcel will be consolidated with the adjacent lot and no new lot is created. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: The applicant proposes to sever 0.15 ha from the rear yard of lands at 250 Shirley Avenue (an irregularly shaped 1.35 ha parcel) to be conveyed and added to the abutting property at 260 Shirley Ave (owned by 1123766 Ontario Ltd). The proposed severed lands are vacant, while the retained parcel at 250 Shirley Avenue and the benefitting lands at 260 Shirley Avenue are both used industrially. Regional fee Regional staff acknowledge receipt of the required consent review fee ($350) on June 25, 2024. Regional staff have no objection to this application. Grand River Conservation Authority (GRCA) Comments: Grand River Conservation Authority (GRCA) staff has reviewed the above-noted application. GRCA has no objection to the approval of the above application. The subject property does not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Hydro One Comments: We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Metrolinx Comments: As the proposal is for a technical severance to facilitate lot additions and no new development is proposed, Metrolinx has no objections to the specified proposal should the committee grant approval. 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 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 Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) Official Plan (2014) Zoning By-law 2019-051 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Commissioner’s Office th 150 Frederick Street, 8floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Will Towns wtowns@regionofwaterloo.ca 519-616-1868 File: D20-20/24 KIT August 6, 2024 via email Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 Re: Comments on Consent Applications B2024-018 to B2024-022 Committee of Adjustment Hearing – August 20, 2024 City of Kitchener Please accept the following comments pertaining to the above-noted consent applications for consideratiion at the upcoming Committee of Adjustment Hearing. Document Number: 4749612 Version: 1 Page 1 of 9 B2024-017 & B2024-018 135 Gateway Park Drive Owner: 1289193 Ontario Inc. Applicant: MHBC Planning c/o Emily Elliott and Jennifer Gaudet These lands (3.83 ha in total) contain a vacant Landmark Cinema, an operational restaurant, and a wholesale warehouse. The applicant has submitted two applications – B2024-017 proposes to sever 2.01 ha containing the Landmark Cinema and 397 parking spaces, and the second would create an easement for access in favour of the severed lands over the retained lands. The easement would maintain current vehicular circulation and access and avoid the need for new access points. No physical redevelopment is proposed. Archaeological Assessment (Advisory) These lands have beenpreviously assessed for archaeological resources. However, to Regional staff’s knowledge, the site has not been cleared of archaeological concerns. While clearance is not required to support this consent application given the level of disturbance on the site, any future Planning Act application proposing physical development will require the submission of the completed Archaeological Assessment and associated acknowledgment letter from the Ministry of Citizenship and Multiculturalism. If possible and in the applicant’s possession, please provide a copy of the acknowledgement letter for our records. Regional fee Regional staff acknowledge receipt of the required consent review fees ($350 per application and $700 in total) on July 11, 2024. Regional staff haveno objection to this application. Document Number: 4749612 Version: 1 Page 2 of 9 B2024-019 250 Shirley Avenue Owner: HiddayathHoldings c/o Farhan Hidayath Applicant: 1123766 Ontario Ltd. c/o Sharen Shaw The applicant proposes to sever 0.15 ha from the rear yard of lands at 250 Shirley Ave (an irregularly-shaped 1.35 ha parcel) to be conveyed and added to the abutting property at 260 Shirley Ave (owned by 1123766 Ontario Ltd). The proposed severed lands are vacant, while the retained parcel at 250 Shirely Avenue and the benefitting lands at 260 Shirley Avenue are both used industrially. Regional fee Regional staff acknowledge receipt of the required consent review fee ($350) on June 25, 2024. Regional staff haveno objection to this application. Document Number: 4749612 Version: 1 Page 3 of 9 B2024-020 573 Guelph Street Owner/applicant: Jon Crummer The applicant proposes to sever an existing 602-square metre lot to create a new lot of record and develop both lots with one semi-detached two-storey dwelling. The existing single-detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres, with access via Guelph Street. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. Arrange EFT by emailing pwalter@regionofwaterloo.ca. Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff have no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. Document Number: 4749612 Version: 1 Page 4 of 9 B2023-021 62 Gage Avenue Owner/applicant: Jon Crummer The applicant proposes to sever an existing 602-square metre lot to create a new lot of record and develop both lots with semi-detached two-storey dwellings. The existing single-detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. Arrange EFT by emailing pwalter@regionofwaterloo.ca. Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. Document Number: 4749612 Version: 1 Page 5 of 9 B2024-022 1180 Union Street Owner: Vladan Knezevic Applicant: Urban Insights c/o Ryan Mounsey The applicant proposes to sever an existing 537 square-metre lot and create a new lot of record. The severed lands (235 square metres) would subsequently be developed with a new duplex dwelling with access to Maple Avenue, while the retained lot would be 303 square metres and maintain the existing single-detached dwelling and driveway access to Union Street. Relief from front/side yard setback and lot coverage requirements are required in a separate application. Note that Regional staff provided pre-submission comments to the City and applicant pertaining to this proposal on March 26, 2024 (original) and June 12, 2024 (amended). Record of Site Condition (Advisory) The above-ground heating fuel tank in the basement of the existing dwelling is noted on the Environmental Site Screening Questionnaire. Staff have further evaluated the proposed threat since initial pre-consultation in March 2024, and consider it to be a low risk with respect to the Region’s Threats Inventory Database. As such, a Record of Site Condition is not required for this application in accordance with the Region’s Implementation Guideline for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites. Environmental and Stationary Noise At this location, the proposed development may encounter environmental noise sources from Lancaster Street West (Regional Road #29), Provincial Highway 85 (Conestoga Parkway), and potential stationary noise sources from existing land uses in the vicinity. In lieu of a detailed noise study, the Region will require as a condition of consent approval that the owner/applicant enter into a registered Development Agreement with the Region of Waterloo to implement the following noise mitigation measures for all dwelling units on the severed and retained lands: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks’ NPC-300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: “Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks.” Document Number: 4749612 Version: 1 Page 6 of 9 “This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and Ministry of Environment, Conservation and Parks.” “Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible.” Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. Arrange EFT by emailing pwalter@regionofwaterloo.ca. Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. 2. That prior to approval, the Owner/Applicant enter into a registered development agreement with the Region of Waterloo to implement the following conditions for all dwelling units on both retained and severed lots: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks’ NPC-300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: i) “Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks.” ii) “This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound Document Number: 4749612 Version: 1 Page 7 of 9 level limits of the Municipality and Ministry of Environment, Conservation and Parks.” iii) “Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible.” Document Number: 4749612 Version: 1 Page 8 of 9 General Comments: Any submission requirements may be subject to peer review, at the owner/ applicant’s expense as per By-law 23-062. If any other applications are required to facilitate the application, note that fees are subject to change and additional requirements may apply. Any future development on the lands subject to the above-noted consent applications will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Prior to final approval, City staff must be in receipt of the above- noted Regional condition clearances. 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. Sincerely, Will Towns, RPP Senior Planner, Community Planning wtowns@regionofwaterloo.ca 519-818-1868 Document Number: 4749612 Version: 1 Page 9 of 9 August 2, 2024via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting August 20, 2024 Applications for Minor Variance A 2024-058175Hoffman StreetA 2024-06467 Kimberly Crescent A 2024-06095 Brunswick AvenueA 2024-065570 Frederick Street A 2024-06125 Palace StreetA 2024-0661180 Union Street A 2024-06240 Palace StreetA 2024-0671180 Union Street A 2024-063908 Chapel Hill Court Applicationsfor Consent B 2024-017135 Gateway Park DriveB 2024-020573 Guelph Street B 2024-018135 Gateway Park DriveB 2024-02162 Gage Avenue B 2024-019250 Shirley AvenueB 2024-0221180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:AMIN Pranav To:Committee of Adjustment (SM) Subject:Kitchener - 250 Shirley Avenue - B 2024-019 Date:Wednesday, July 31, 2024 2:51:08 PM Attachments:image001.png Hello, th We are in receipt of your Application for Consent, B 2024-019 dated July 25, 2024. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com) Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com BY EMAIL ONLY TO:Committee of Adjustment, City of Kitchener th Development & Approvals 200 King Street Wet, 6Floor, Kitchener, ON, N2G 4G7 CofA@kitchener.ca DATE:August 6, 2024 RE:Adjacent DevelopmentReview:B 2024-019 250 Shirley Avenue, Kitchener, ON Consent Application DearCommittee of Adjustment, Metrolinx is in receipt of theConsentapplication for 250 Shirley Ave, Kitchener, to facilitate the severance of the lands,to create a new lot additionto be consolidated into the adjacent lands at 260 Shirley Ave. As circulated on July26th, 2024, and to be heard by the Committee on August 20, 2024. low: The subject property is located adjacent to the Metrolinx Guelph Subdivision which carries Metrolinx's Kitchener GO Train service.The subject site is also adjacent to the Metrolinx Shirley Ave Layover Facility. GO/HEAVY-RAIL ADVISORY COMMENTS As the proposal is for a technical severence to faciliate lot additions and no new development is proposed, Metrolinx has no objections to the specified proposal should the committee grant approval. Please keep Metrolinx involved as a stakeholder in the comprehensive site application (if applicable) as there may be further requirements/comments should any future development be contemplated on either the retained or severed lands. Please note that should future development be contemplated (and additional development applications to support this are submitted), the subject properties would be subject to further review/comment. At such time, further requirements may include (but is not limited to) having the Owner enter into an Adjacent Development Agreement outlining all required works to protect Metrolinx interests and registering an environmental easement for operational emissions on title. The applicant is advised that all other conditions/requirements/agreements related to the comprehensive application (if applicable) must also be fulfilled prior to approval of the requisite Site Plan. Additionally, the Owner shall be responsible for all costs for the preparation and registration of agreements/undertakings/easements/warning clauses as determined appropriate by Metrolinx, to the satisfaction of Metrolinx. Adjacent Development Review: B 2024-019 250 Shirley Avenue, Kitchener, ON The Proponent is advised of the following: o Warning: The Applicant is advised that the subject land is located within that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. o Warning: Metrolinx and its assigns and successors in interest has or have a right- of-way and an interest in land within 300 metres from the subject land. There may be alterations to or expansions of the rail or other transit facilities on such right-of- way and/or to the Shirley Ave Rail Maintenance Facility in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way and/or Shirley Ave Rail Maintenance Facility or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. In accordance with the Railway Safety Act and Transport Canada Guidelines, storage of certain hazardous materials near railway corridors is subject to setback regulations. Metrolinx will require the proponent to acknowledge if the storage of hazardous material is being proposed and, if so, that proper Transport Canada regulations are being applied. The below links are provided as reference: o Anhydrous Ammonia Bulk Storage Regulations (No. 0-33) o Ammonium Nitrate Storage Facilities Regulations (No. 0-36) o Flammable Liquids Bulk Storage Regulations (No. 0-32) o Liquefied Petroleum Gases Bulk Storage Regulations (No. 0-31) Should you have any questions or concerns, please contact Farah.Faroque@metrolinx.com. Best Regards, Farah Faroque Project Analyst, Third Party Project Review Metrolinx | 10 Bay Street | Toronto | Ontario | M5J 2S3 T: (437) 900-2291 2