HomeMy WebLinkAboutDSD-18-188 - B 2018-123 - 218 Woolwich 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: 1
DATE OF REPORT: December 4, 2018
APPLICATION #: DSD -18-188
SUBJECT: APPLICATION #: B2018-123
218 Woolwich Street
Applicant: K. Barisdale, GSP
Approve with Conditions
Subject Property — 218 Woolwich Street
Staff Report
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REPORT
Planning Comments:
218 Woolwich Street is located on the east side of Woolwich Street between Falconridge Drive
and Sunridge Drive in Bridgeport North. The subject property measures 50 metres wide by 188
metres long and approximately 1.4 hectares in area. Its principle frontage is off of Woolwich
Street although the rear portion of the subject lands has frontage onto Field Sparrow Crescent
through the River Ridge Subdivision. A single detached dwelling is located on the property and
the North Branch of the Melitzer Creek Tributary flows through the middle of the property.
Surrounding land use is characterized as low rise residential and environmentally sensitive lands
associated with the Melitzer Creek Tributary and weltand areas.
The subject property is designated Low Rise Residential in the City's Official Plan. The subject
application has been considered under the policies of the City's 2014 Official Plan. Where policies
are under appeal and there is a direct co -relation to policies of the 1994 Official Plan, staff refers
to the former policies. The intent of the Low Rise Residential designation in both plans is to
accommodate a range of housing types, favouring a mix and integration of different forms of
housing to achieve a lower overall intensity of use. The subject property is split zoned Residential
Four (R-4) and Agricultural One (A-1) (1R) with the front half being R-4 and back half of the
property zoned A-1.
A site inspection occurred on November 21, 2018
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The applicant is proposing to sever the rear half portion of 218 Woolwich Street measuring 62
metres wide by 66 metres deep for a total area of 0.43 hectares. The purpose of the consent is
to add this parcel of land to lands immediately to the west and owned by Principia Development
Ltd. as the first of two phases of approvals. Once the lot addition is completed, the second phase
is for Principia to apply for a zone change and major modification to include this parcel within Draft
Plan of Subdivision 30T-11205 so that the westerly leg of Field Sparrow Crescent can be
completed, as illustrated below.
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Conceptual Plan Illustrating Development Potential — GSP
In support of the application, the applicant has submitted a Scoped Environmental Impact
Statement and a Preliminary Functional Servicing Report. These two documents have been
reviewed by staff and are deemed acceptable. Further commentary is provided in Engineering's
and Environmental Planning comments below.
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 adding a parcel of land to the adjacent
landowner that will ultimately lead to the completion of a planned residential community. It has
frontage onto a public street (Field Sparrow Crescent) and can be municipally serviced. The
retained lands will maintain frontage onto Woolwich Street and is consistent with the surrounding
lotting fabric.
Heritage Comments:
Heritage Planning staff has no concerns with the application.
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Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Comments:
Transportation Services has no concerns with the proposed application.
Engineering Comments:
Engineering has no comments or concerns with the lot addition.
Community Services Comments:
Park land dedication will be deferred to modification of subdivision plan.
Environmental Planning Comments:
It is staff's understanding that the severed lands will be incorporated into 30T-11205 and that the
existing Subdivision Agreement will be modified accordingly. Therefore, the following should be
included:
• The SUBDIVIDER agrees to implement all of the recommended mitigation measures as
outlined in the Scoped Environmental Impact Study (Natural Resource Solutions Inc.,
November, 2018)
• Prior to Servicing or Registration, whichever occurs first, the SUBDIVIDER shall obtain
approval of, and implement a Restoration/Enhancement Plan as per the Scoped
Environmental Impact Study (Natural Resource Solutions Inc., November, 2018) to the
satisfaction of the CITY'S Director of Planning.
• The SUBDIVIDER agrees to advise prospective purchasers of Lots backing onto the
Restoration/Enhancement Area that any vegetation associated with the
Restoration/Enhancement Plan is not be removed or significantly altered without approval by
the Director of Planning. General maintenance is exempted from this provision.
Based on the foregoing, planning staff recommends that consent application B2018-123 be
approved subject to the conditions outlined in the Recommendation section of this report.
RECOMMENDATION:
That Application B2018-123 requesting to sever a parcel of land from 218 Woolwich Street
measuring 62 metres wide, 66 metres long, with a lot area of approximately 0.43 hectares,
and add it as a lot addition to lands owned by Principia Development Ltd., be approved
subject to the following conditions:
1. 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
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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.
4. That the Owner shall enter into an agreement with the City of Kitchener
to be prepared by the City Solicitor and registered on title for the severed
portion which shall include the following:
a. That prior to final endorsement of the deed, the Owner shall apply for
and receive approval of a zoning by-law amendment and major
modification to 30T-11205 to the satisfaction of the Director of
Planning.
b. That prior to Servicing or Registration, whichever occurs first, the
SUBDIVIDER shall obtain approval of, and implement a
Restoration/Enhancement Plan as per the Scoped Environmental
Impact Study (Natural Resource Solutions Inc., November, 2018) to
the satisfaction of the CITY'S Director of Planning.
c. That the SUBDIVIDER agrees to advise prospective purchasers of
Lots backing onto the Restoration/Enhancement Area that any
vegetation associated with the Restoration/Enhancement Plan is not
be removed or significantly altered without approval by the Director
of Planning. General maintenance is exempted from this provision.
d. The SUBDIVIDER agrees to advise prospective purchasers of Lots
backing onto the Restoration/Enhancement Area that any vegetation
associated with the Restoration/Enhancement Plan is not be
removed or significantly altered without approval by the Director of
Planning. General maintenance is exempted from this provision
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
nri
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2319
Fax: (519) 621-4945
E-mail: thughes@grandriver.ca
DATE: YOUR FILE: GRCA FILE:
December 3, 2018 B 2018-123 — 218 Woolwich Street 82018-123 — 218 Woolwich St
RE: Application for Consent B2018-123
218 Woolwich Street, City of Kitchener
Oscar and Sharon Lutz
GRCA COMMENT*:
Grand River Conservation Authority (GRCA) staff have 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 a portion of the lands to be
retained are regulated due to a tributary of Melitzer Creek and the associated 15 metre
allowance to the watercourse. A portion of the lands to be severed are regulated due to the
allowance to the Provincially Significant Melitzer Creek Wetland Complex located off the
property.
2. Legislative/Policy Requirements and Implications:
Due to the features noted above, a portion of this property is regulated by the GRCA under
Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses Regulation.
It is our understanding that the applicant is proposing to sever a portion of 218 Woolwich
Street to add to the property at 250 Woolwich Street (Stage 2 of Draft Plan of Subdivision
30T-11205).
Based on our review of the Sketch prepared by ACI Survey Consultants Inc. and the
Scoped Environmental Impact Study Memo prepared by Natural Resource Solutions Inc.
(dated November 5, 2018), the severed lot line is proposed outside of the 15 metre
allowance to the watercourse. As such, we have no objection to the consent application.
We will comment further on the proposed development of the severed lands through future
Planning Act Applications.
Please note that any future development proposed within GRCA regulated areas will require
prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation
150/06.
3. Plan Review Fees:
The GRCA applies Plan Review Fees for Planning Act applications located within GRCA
areas of interest. This application is considered a `minor' 'consent application and the
applicable Plan Review Fee is $400.00. With a copy of this correspondence, the applicant
will be invoiced in the amount of $400.00.
Page 1 of 2
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
cc: Oscar and Sharon Lutz, 218 Woolwich St, Kitchener, ON N2K 1 S7
GSP Group Inc. c/o Kristen Barisdale (via email)
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority
Page 2 of 2
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Holly Dyson
From: Danielle Ingram <Danielle.ingram@waterloo.ca>
Sent: 04 December, 2018 2:19 PM
To: Holly Dyson
Cc: Beth Brown (bbrown @g randriver.ca); Brian Bateman; Wendy Fisher
Subject: B-2018-123, 218 Woolwich St
Hi Holly,
My apologies for the delay in responding to you. The mail was slow getting to us.
The City of Waterloo has reviewed the above noted application and has the following comment: As the extension of the
subdivision (severed lands) is towards or proximal to Melitzer Creek, the creek system shall be enhanced and
appropriately buffered as a cold water stream and potential trout fishery.
Thank you,
Danielle Ingram
Planning Approvals I Integrated Planning & Public Works I City of Waterloo
100 REGINA ST. S. I PO Box 337, STN WATERLOO
WATERLOO, ON, N2J 4A8
P: 519.747.8773 1 F: 519.747.8523 1 TTY: 1.886.786.3941
E: danielle.ingramCcDwaterloo.ca
www.waterloo.ca I www.twitter.com/citywaterloo
www.youtube.com/citywaterloo I www.facebook.com/citywaterloo
IMPORTANT NOTICE: This communication (including attachments) is intended solely for the named
addressee(s) and may contain information that is privileged, confidential and exempt from disclosure. No
waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this
communication, you are hereby notified that any dissemination, distribution or copying of this communication
is strictly prohibited.