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HomeMy WebLinkAboutDSD-18-186 - B 2018-121 -59 Irvin StJ Staff Report KITCH��r:R Community Services Department www.kifchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: December 11, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner - 519-741-2200 ext. 7869 WARD: 10 DATE OF REPORT: December 4, 2018 APPLICATION #: DSD -18-186 SUBJECT: APPLICATION #: B2018-121 59 Irvin Street Applicant: D. Aston, MHBC Approve with Conditions P�' ; REPORT Subject Property - 59 Irvin Street Planning Comments: 59 Irvin Street is located on the south side between Lancaster Street East and Scott Street. The subject property is described as a large L-shaped parcel with approximately 12.3 metres of frontage onto Irvin Street, a depth of 61 metres for an area of 957 square metres. The subject property is developed with a detached residential dwelling, built prior to 1924. The land use J Staff Report KIT('HEItiTER Community Services Department wmkitchenerca designation is Low Rise Conservation 'B' in the Central Frederick Secondary Plan and is zoned Residential Five (R-5) in the City's Zoning By-law 85-1. The intent of the Low Rise Conservation - B designation is to retain the existing low rise, low density residential character of the Neighbourhood. Surrounding land use consists primarily of low rise detached dwellings and a mixture of commercial/residential uses. A site visit occurred on November 26, 2018. The owner is proposing to sever the vacant rear half portion of 59 Irvin Street, measuring 20.7 metres wide, 31.2 metres long, with a lot area of 581.25 square metres, and add it as a lot addition to an assemblage of land addressed municipally as 82 Weber Street East; 79, 83 and 87 Scott Street; and 15, 25, and 29 Pearl Place - lands proposed to be re -developed with a comprehensive mixed use development. According to the applicant, the lot addition is intended only to provide additional land area that would be considered pervious for the purposes of storm water management considerations, additional landscape open space area and to potentially accommodate some minor expansion of parking area to be dealt with through the site development. The retained lands will measure 12.3 metres wide, 30.5 metres long for an area of 375 square metres. The retained lands will contain the existing detached dwelling. The proposed retained lot size complies with the R-5 zoning and the configuration is consistent with existing lotting fabric present along a same side of Irvin Street towards Scott Street. Lot Addition 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, the proposed lot addition will result in lot sizes that are appropriate and suitable and are consistent with the surrounding lotting fabric, the retained lands front on an established public street and the severed lands once added will front onto a public street. Adequate utilities and municipal services are available. Heritage Comments: There are no heritage concerns with respect to the proposed severance, however Heritage Planning staff note that the property municipally addressed as 59 Irvin Street is adjacent to 82 Weber Street East which is a listed property on the Municipal Heritage Register. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 59 Irvin Street is advised that the property is located within the Central Frederick Neighbourhood CHL. The owner and the publicwill be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. 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 demolition of all existing buildings, as well as construction of all new buildings J Staff Report KITCH�� r:R Community Services Department www.kifcheneua Transportation Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: Engineering has no concerns because the lands being severed will be added to the existing lot to the south. This existing lot will need to go through the standard development process. Community Services Comments: Park land dedication will be deferred to site plan application. Environmental Planning Comments: No natural heritage concerns. The City's Tree Management Policy would apply for site plan. RECOMMENDATION: That Application B2018-121 requesting to sever a parcel of land from 59 Irvin Street measuring 20.7 metres wide, 31.2 metres long, with a lot area of 581.25 square metres and add it as a lot addition to abutting lands while retaining a lot 12.3 metres wide, 30.5 metres deep for an area of 375 square metres. be approved subject to the following conditions: 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. 2. That the Owner's Solicitor shall provide a Solicitor's Undertaking to register an 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. 3. 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. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo File No. D20-20/18 KIT December 4, 2018 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SEHVICES 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. regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2018-121 through B2018-127 Committee of Adjustment Hearing December 11, 2018 CITY OF KITCHENER B2018-121 N.A.K. Holdings Inc. / Latton Properties Inc. 59 Irvin Street The owner/applicant is proposing to convey the rear portion of 59 Irvin Street to the existing lot to the south which consists of 79, 83, 87 Scott Street; 68, 82 Weber Street East; and 15, 25, 29 Pearl Place. The lot addition will increase the size of the existing parcel to the south and the future use has not been determined. Regional staff has no objection to the application. B2018-122 1841362 Ontario Inc. 20 Victoria Marie Court and 15 Prince Albert Boulevard The purpose of this application is to sever a portion of Block 4 of 58M-561 for the purpose of sale in respect to the ownership and development of Building C and D identified in the Victoria Common project. The proposed severance affects the centre portion of Block 4 on 58M-561. The proposed severance is in the interests of the potential sale of Buildings C and D identified in the development parcel Document Number: 2874293 Version: 1 Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Oscar and Sharon Lutz 218 Woolwich Street The owner/applicant is proposing a lot addition to the property immediately to east owned by Principia Development Ltd. to provide for the complete extension of Field Sparrow Crescent. Archaeological Assessment: Regional Staff require the completion of an Archeological Assessment for the proposed severed property prior to final approval of the consent application. This is due to the proximity to Known Archaeological Resources (about 10m from the property line), and its proximity to historically mapped buildings, and to watercourses (including the Grand River). • As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment for the entire severed property, and that any adverse impacts to significant archaeological resources found shall be mitigated, through preservation of the resource and/or removal and documentation, at the expense of the owner. • The applicant must submit the Archaeological Assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the Ministry's acceptance letter and the Assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. • Regional Staff request that if a Stage 3 is recommended by the licensed Archaeologist, that the Region of Waterloo be circulated the Stage 1 and 2 Assessments and be consulted prior to beginning the Stage 3 Assessment. Water Services: The existing subject property is located in Waterloo Zone 4 with a static hydraulic grade line of 381 mASL. Any development with a finished road elevation below 324.8 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 2018. Please note when the severed section of land is merged to Stage 2 of 30T-11205 it will be located in a different pressure zone. It will be in pressure zone Kitchener Zone 4a with a static hydraulic grade line of 363.2 mASL. Document Number: 2874293 Version: 1 Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval the applicant complete an Archaeological Assessment for the entire severed property and provide the Region of Waterloo with the Ministry of Culture, Tourism and Sport acceptance letter. B2018-124 Milorad Gutovic 34 Third Avenue The owner/applicant is proposing a severance to create a new residential lot. Corridor Planning: At this location the severed and retained lands may experience traffic noise from Provincial Highways (Highway 7 and 8). In lieu of a Transportation Noise Study, Corridor Planning would be prepared to recommend that the owner enter into an agreement with the City of Kitchener for the following noise warning clause: "Purchasers/tenants are advised that sound levels due to high volume of road traffic on Highway 7 and 8 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 the Environment, Conservation and Parks (MOECP) Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 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 2018. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the Owner enter into a registered agreement with the City of Kitchener to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): Document Number: 2874293 Version: 1 Purchasers/tenants are advised that sound levels due to high volume of road traffic on Highway 7 and 8 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 the Environment, Conservation and Parks (MOECP). B2018-125 Edmir and Monika Hasanaj 60 Kehl Street The owner/applicant is proposing a severance to create a new residential lot. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 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 2018. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2018-126 Nenad Gutovic 53 Second Avenue The owner/applicant is proposing a severance to create a new residential lot. Corridor Planning: At this location the severed and retained lands may experience traffic noise from Provincial Highways (Highway 7 and 8). In lieu of a Transportation Noise Study, Corridor Planning would be prepared to recommend that the owner enter into an agreement with the City of Kitchener for the following noise warning clause: "Purchasers/tenants are advised that sound levels due to high volume of road traffic on Highway 7 and 8 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 the Environment, Conservation and Parks (MOECP)". Document Number: 2874293 Version: 1 Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 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 2018. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the Owner enter into a registered agreement with the City of Kitchener to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): Purchasers/tenants are advised that sound levels due to high volume of road traffic on Highway 7 and 8 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 the Environment, Conservation and Parks (MOECP). B2018-127 FM Limited Partnership c/o EIWO Canadian Management Ltd. 385 Frederick Street The owner/applicant is proposing to recognize a Lease in Excess of twenty-one (21) years. Regional staff has no objection to the application. 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 14-046 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: 2874293 Version: 1 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 3, 2018 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2018-014 321 Fischer Hallman Road SG 2018-015 371 Franklin Street North FN 2018-003 626 Blair Creek Drive Applications for Minor Variance: A 2018-116 359 Alice Avenue A 2018-123 106 Ahrens Street West A 2018-125 810 Frederick Street A 2018-126 468 Trussler Road A 2018-128 24 Crosswinds Drive A 2018-129 398 Rivertrail Avenue A 2018-130 374, 380 & 384 Prospect Avenue A 2018-131 414 & 424 Prospect Avenue A 2018-133 121 Walter Street A 2018-134 76 Grand Flats Trail A 2018-135 171 Rivertrail Avenue A 2018-136 248 Shady Glen Crescent A 2018-137 1 Goodrich Drive/1 Chandaria Place A 2018-138 242, 254 & 262 Queen Street South A 2018-139 16 Chapel Hill Drive Applications for Consent: B 2018-121 59 Irvin Street B 2018-122 20 Victoria Marie Court/15 Prince Albert Boulevard B 2018-124 34 Third Avenue B 2018-126 53 Second Avenue B 2018-127 385 Frederick Street GRCA COMMENT*: 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. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.