HomeMy WebLinkAboutDSD-19-281 - B 2019-073 - 56 Roos StStaff Report wR
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REPORT TO: Committee of Adjustment
DATE OF MEETING: December 10, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070
WARD: 4
DATE OF REPORT: December 1, 2019
REPORT NUMBER: DSD -19-281
SUBJECT: Application B2019-073
56 Roos Street
Owner/Applicant — James Kuntz & Laura Detzler
Approve with Conditions
Subject Property: 56 Roos Street
Background:
On October 18, 2016, the Committee of Adjustment approved severance application B2016-023 &
B2016-024 for 50 Roos Street to create two new lots addressed as 56 and 62 Roos Street. That
application has been fully approved and a single detached dwelling was constructed on each new lot.
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On March 8, 2019, the Committee of Adjustment approved severance application B2019-010 to sever
a portion of 50 Roos Street and add it as a lot addition to 56 Roos Street.
Report:
The current application proposes to further sever a portion of 56 Roos Street to create a new lot. The
newly built single detached dwelling at 56 Roos Street is proposed to be remain and is already
connected to full municipal services.
The application proposes to sever a portion of 56 Roos Street that is 11.70 metres wide at the street
and 13.7 metres wide at the required front yard, with a lot depth of 58.942 and 61.79 metres, and a lot
area of 823 square metres, and add it as a lot addition to 56 Roos Street. The proposed severed
lands are the same lands added to 56 Roos Street through application B2019-010, and are legally
described at Part 1 on Reference Plan 58R-20481.
The proposed retained lands would have a lot width of 13.7 metres, a depth of 55.8 and 58.942 metres,
and a lot area of 804 square metres.
A site inspection as conducted on March 1, 2019.
Existing streetscape showing lands to be severed
Planning Comments:
The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as
Residential Three (R-3) in the Zoning By-law. The property is within the regulated limit of the Grand
River Conservation Authority (GRCA).
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 severances conform to the
City's Official Plan and will allow for orderly development that is compatible with the existing
community.
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The configuration of the proposed lots will comply with the regulations of the Residential Three (R-3)
zone. 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 B2019-073, requesting
consent to sever the subject property into two separate lots be approved subject to the conditions
listed in the Recommendation section of this report. Several conditions are proposed which will ensure
that required storm and wastewater servicing is designed and installed to City standards, and that
suitable building envelopes can be achieved for each of the proposed lots.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will be required for the construction of any
new residential buildings.
Transportation Comments:
Transportation Services can support this application subject to the following condition, that funds for a
future concrete sidewalk for the severed portion along the Roos Street frontage be provided to the City's
Engineering Division.
Heritage Comments:
Heritage Planning staff has no concern with this application. The property municipally addressed as 56
Roos Street is adjacent to the Ferrie Mill (boon Mill) ruins which is a listed property on the Municipal
Heritage Register. The City's Official Plan only allows for a Heritage Impact Assessment requirement on
a site adjacent to a "protected heritage property" (i.e. designated not listed).
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service connections for
sanitary, and water, in accordance with City policies. Existing elevations of the sanitary will need to be
confirmed by the applicant. Storm water/ sump pump can discharge to grade towards the rear of the
property.
The owner is required to make satisfactory financial arrangements with the Engineering Division for the
installation of new services that may be required to service this property, all prior to severance
approval. Our records indicate municipal sanitary, and water services are currently available. Any further
enquiries in this regard should be directed to Trevor Jacobs (519-741-2200 ext. 7136).
Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense
and all works need to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system, will be required to the satisfaction of
the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the site servicing with corresponding layer
names and asset information to the satisfaction of the Engineering Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to the street
sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain
to the property line and have a gravity sewer from the property line to the street.
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Operations Comments:
Parkland dedication was previously paid on the severed lands as part of application B2016-023 &
B2016-024 for 50 Roos Street to create two new lots addressed as 56 and 62 Roos Street.
Environmental Planning Comments:
The standard condition will be required for the owner to enter into an agreement registered on title of
both the severed lands requiring a Tree Preservation / Enhancement Plan to be submitted and
approved before a building/demolition permit will be issued.
Summary of Grand River Conservation Authority Comments:
The applicant has provided a Slope Stability Analysis that is supplemental to the previous Slope
Stability Analysis that was completed for the original severance of 56 and 62 Roos Street. The analysis
has identified a schematic building envelope for a future dwelling outside of the previously determined
erosion hazard setback. As such, GRCA does not anticipate any negative impacts to the adjacent
natural hazard features as a result of the proposed consent application or future development within
the identified building envelope. The subject lands are regulated by the GRCA and any future
development on the subject lands will require the issuance of a GRCA permit. Full GRCA comments
are attached.
RECOMMENDATION:
That Application B2019-073 proposing to sever a portion of 56 Roos Street that is 11.70 metres
wide at the street and 13.7 metres wide at the required front yard, with a lot depth of 58.942 and
61.79 metres, and a lot area of 823 square metres, be approved subject to the following
conditions:
1. That the Owner shall provide 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 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 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.
3. That the owner enter into a modified subdivision agreement with the City of Kitchener
to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning
and Director of Engineering Services, and registered on title of the severed lands. Said
agreement shall include the following special conditions:
That the owner shall prepare a Tree Preservation/Enhancement Plan for the
severed lands in accordance with the City's Tree Management Policy, to be
approved by the City's Director of Planning, in consultation with the Region of
Waterloo, and where necessary, implemented prior to any grading, tree removal
or the issuance of building permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone,
landscaped area and vegetation to be preserved.
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ii. The owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City's Director of
Planning.
4. That the owner makes financial arrangements to the satisfaction of the City's
Engineering Services for the installation of all new service connections to the severed
lands.
5. That the owner make financial arrangements to the satisfaction of the City's Engineering
Services for a future sidewalk along the severed frontage (11.70) of the severed portion,
calculated as $122m2 (2019 rate).
6. That the owner makes arrangements financial or otherwise for the relocation of any
existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires
or lines, as required, to the satisfaction of the appropriate City department.
7. That the owner provide a servicing plan and grading plan showing outlets to the
municipal servicing system to the satisfaction of the Director of Engineering Services.
8. That the owner submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together
with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system to
the satisfaction of the Director of Engineering Services.
9. That the Owner provides Engineering staff with confirmation that the basement
elevation of the house can be drained by gravity to the street sewers, to the satisfaction
of the Director of Engineering Services. Where this cannot be achieved, the owner is
required to pump the sewage via a pump and forcemain to the property line and have a
gravity sewer from the property line to the street.
10. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
Garett Stevenson, B.E.S., MCIP, RPP
Senior Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
Senior Planner
N*
Region of Waterloo
Holly Dyson
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 U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterl oo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/19 KIT
November 29, 2019
Re: Comments for Consent Application B2019-073 through
B2019-076
Committee of Adjustment Hearing December 10, 2019
CITY OF KITCHENER
B2019-073
56 Roos Street
James Kuntz and Laura Detzler
The owner/applicant is proposing to sever part of the existing residential lot to create a
new buildable lot.
Fee:
The owner/applicant must submit the consent review fee of $350.00 per new lot created
to the Region of Waterloo prior to final approval of the consent application.
Water Services:
Regional Staff advise that the subject property is located in Kitchener Zone 2 (W) with a
static hydraulic grade line of 361 mASL. Any development with a finished road elevation
below 304.8 mASL will require individual pressure reducing devices on each water
service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental
Specifications for Municipal Services for January 2019.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 3164310 Version: 1
B2019-074 and B2019-075
32 Forwell Road
Gatekey Aggregates Inc. c/o Justin Bischoff
The owner/applicant is proposing two severances from 32 Forwell Road to be added as
lot additions to existing abutting lots at 80-88 Centennial Road and 20 & 36 Centennial
Road.
Environmental Site Assessment:
The subject lands at 32 Forwell Road are identified as a High Threat in the Region's
Threats Inventory Database. The adjacent lands at 80-88 and 20 & 36 Centennial Road
are identified as a High Threat and Known Threat in the Region's Threats Inventory
Database. The threat indicators are associated with the former and existing industrial
uses on the property including the storage of underground tanks.
Regional Staff acknowledge that the Environmental Screening Questionnaire submitted
with the subject application has indicated that environmental documents (i.e. a Phase I
and II Environmental Site Assessment) have been prepared or issued for the property.
Regional Staff have requested these studies from the owner/applicant.
Regional Staff request deferral of the subject applications for 32 Forwell Drive to allow
Regional Staff to review any associated environmental documents to determine whether
a Record of Site Condition is warranted to assess potential contamination issues on the
subject lands.
Regional staff recommend deferral of the subject applications.
:YM PIOMI
295 Arnold Street/888 Guelph Street
Golden Windows Limited
The owner/applicant is proposing a severance to create a new lot for 295 Arnold Street,
which was previously a separate lot that has since merged with 888 Guelph Street. The
proposed severed and retained parcels currently operate as separate lots and the
severance would formalize the existing operations on two independent lots.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 3164310 Version: 1
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
Planner
Document Number: 3164310 Version: 1
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
PLAN REVIEW REPORT: City of Kitchener
Holly Dvson
DATE: November 28, 2019 YOUR FILE:
GRCA FILE: B 2019-073 — 56 Roos Street
RE: Application for Consent B 2019-073
56 Roos Street, City of Kitchener
James Kuntz and Laura Detzler
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
Fax: (519) 621-4945
E-mail: aherreman@grand river. ca
B 2019-073
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above -noted consent
application. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the subject lands contain valley
slopes and erosion hazards associated with the Grand River. The subject lands are also
within the regulated allowance adjacent to the slope hazards and a wetland. A copy of our
resource mapping is attached.
2. Legislative/Policy Requirements and Implications:
It is our understanding that the proposed consent application will sever a parcel of land for
proposed residential use. The applicant has provided a Slope Stability Analysis that is
supplemental to the previous Slope Stability Analysis that was completed for the original
severance of 56 and 62 Roos Street. The analysis has identified a schematic building
envelope for a future dwelling outside of the previously determined erosion hazard setback.
As such, we do not anticipate any negative impacts to the adjacent natural hazard features
as a result of the proposed consent application or future development within the identified
building envelope.
Due to the presence of the above -noted features, the subject lands are regulated by the
GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation.
Development of the severed parcel and any future development on the subject lands will
require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit
process involves the submission of a permit application to this office, the review of the
application by Authority staff and the subsequent approval/refusal of the permit application
by the GRCA.
3. Plan Review Fees:
This application is a minor consent application and the applicable plan review fee is
$410.00. With a copy of this correspondence, the applicant will be invoiced in the amount of
$410.00.
NAResource Management Division\Rescurce Plan ning\Waterloo Reg ion\KITCH ENE R\2019\Severance\B2019-073 56 Page 1 of 2
Roos Street\B 2019-073 - 56 Roos Street docx
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Encl.
cc: James Kuntz and Laura Detzler — 56 Roos Street, Kitchener, ON N2P 1 H9
Rachel Demmers, MHBC Planning (email)
* These comments are respectfully submitted as advice and reflect resource concerns within
the scope and mandate of the Grand River Conservation Authority.
NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2019\Severance\B2019-073 56 Page 2 of 2
Roos Street\B 2019-073 - 56 Roos Street.docx
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