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HomeMy WebLinkAboutDSD-19-023 - B 2019-001 - 427 Old Chicopee TrStaff Report Development Services Department ,v. -x wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 2 DATE OF REPORT: January 9, 2019 REPORT NUMBER: DSD -19-023 SUBJECT: Application B2019-001 427 Old Chicopee Trail Owner/Applicant — Maria Kyveris & Greg McNally Approve with Conditions '320 •.:3t s . 320� I7/a 7g 0 4 22 7 2 (1/�V Lf 26 17 �� x'324" t 3430 323 � dlewo0d Park Natural Area (\�� 3127 �-\�?• $15 327. 332 58 .,q(+��i"35 26 43 34>? 3$347 335 {�\d3,`i� Q�� �y� 111 88 77 595 460 � � 67 63 54472 43 468 438 343 o O IIL58' 45 �1d 476 d�30i✓\IDLEWOOD r_62 484 480 1 f 3�� 53 v 426 4,6//> 422 488 92 X418 �t i' ' 496 431 dt4 4C�7/6M75.1 30 5D0 427 dt0 427 �[� 4 wa 504 483 423 406 A78 �65 5a8 440 \ 491487 \�4154C 441, �l 495 411 G'Cf� +398 V d47� 152 0 03 �t9a7 `P 39a O�`G�O. 5D7 x919 5 ��pD� 900 iso 4't 38 451 904 34 455 , 517 923 9D�8> 458 521 C' "K 387 .Fr:.y C, 1927 912 A 30 533925 4� v 932 916 7983 { C / 26 541537 r:, V 924 3v75,% 22 ❑ 545 vac' �--� 371 2 367 6 t0 18 �a49 J �G38 363 372 144 ✓- 359 34 D521 C36 \ fy' 355 34 .At 211 343 30 A3., �C33 QED 351 ��ts T/ 205, �A5\ z p 26 207 \A7\. \C30. re'.0 Pr. V �A�°tD as> Fc zz Ata,v 18 .215 \A15 B31 347 Y 2 217 A .323, 4 2ts e22 Subject Property: 427 Old Chicopee Trail Staff Report Development Services Department Background: K"'""' NFR wwwki tchenr. ca On December 11, 2017, the Committee of Adjustment approved severance application B2017- 048 for 427 Old Chicopee Trail to sever a parcel of land having a width of 21.95m, a depth of 43.4m and an area of 928.84 sq.m. That application has been fully approved, creating the parcel now municipally addressed as 441 Old Chicopee Trail. A single detached dwelling is now under construction on the newly created lot. Report: The current application proposes to further sever 427 Old Chicopee Trail into two lots, each having frontage and access onto Old Chicopee Trail. The existing single detached dwelling is proposed to be removed, and two new single detached dwellings are proposed, one for the retained and severed portions. The existing property has a lot width of 43.62 metres (143.11 feet). The application proposes to sever the lot roughly in half. The retained lands are proposed to have a lot width of 21.81 metres, a lot depth of 42.76 metres, and a lot area of 909.20 square metres. The severed lot is proposed to have a lot width of 21.81 metres, a lot depth of 43.07 metres and a lot area of 915.83 square metres. A site inspection as conducted on January 3, 2018. Existing Single Detached Dwelling — 427 Old Chicopee Trail (multiple front views) 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. 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 severance conforms to the City's Official Plan and will allow for orderly development that is appropriate. Low Rise Residential and Housing objectives and policies that are in effect were considered for this application. The Official Plan supports an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca community through all stages of life. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Low Rise Residential Districts shall accommodate a full range of housing types. In these districts the City favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The severed and retained lots are proposed to each be developed with a single detached dwelling, a permitted residential use. The severed and retained lots comply with the regulations of the Residential Three (R-3) zone and is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The proposed lots and proposed land use is compatible with the existing surrounding community. A Demolition Control Exemption approval will be required prior to the issuance of a Building Permit for new construction. Based on the foregoing, Planning staff recommends that Consent Application B2019-001 requesting to sever the existing property into two lots, subject to the conditions outlined in the Recommendation section of this report. 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 permits will be required for the demolition of all existing buildings, as well as construction of all new residential buildings. Transportation Comments: As per the City of Kitchener's Official Plan, a road widening is required along Old Chicopee Trail (Daimler Drive to Fairway Road) for the severed portion frontage along Old Chicopee Trail. A reference plan will be required in order to obtain an exact road widening conveyance and any costs will be the responsibility of the Owner. Due to the road widening that is required, the Engineering Department will require a Phase 1 and maybe a Phase 2 Environmental Site Assessment (ESA) for that portion of land that is to be conveyed to the City and any costs will be the responsibility of the Owner. Funds for a future concrete sidewalk shall be provided to the City's Engineering Department for the severed parcel. Heritage Comments: Heritage Planning Staff has reviewed the application and has no concerns. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca approval. The City's records indicate sanitary, storm and water municipal services are currently available to service this property. Any new driveways are to be built to City of Kitchener standards. All work is at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system and proposed easements 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, SWM etc.) 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. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as new development lots will be created. The cash -in -lieu dedication required is $10,032.60. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (21.81 m) at a land value of $9,200 per frontage metre. Environmental Planning Comments: The City's standard tree protection condition is required as a condition of approval, for both the severed and retained lands. A Tree Preservation/Enhancement Plan is required for the severed and retained lands in accordance with the City's Tree Management Policy, which must be submitted and approved before any building permit is issued. RECOMMENDATION: That Application B2019-001 proposing to sever a lot with a width of 21.81 metres, a lot depth of 43.07 metres and a lot area of 915.83 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. Staff Report wR Development Services Department wwwkltchener.ca 3. That the owner convey to the City of Kitchener, without cost and free of encumbrance, an approximately 0.6 metre wide road widening along the severed parcel's entire Old Chicopee Trail frontage, to the satisfaction of the City's Transportation Services. In addition, the owner shall submit a Phase 1 and Phase 2 Environmental Assessment to the satisfaction of the City's Engineering Services for the road widening on the severed portion. 4. That the owner pay to the City of Kitchener a cash -in -lieu contribution for parkland dedication equal to 5% of the value of the lands to be severed. A cash -in -lieu of park land dedication in the amount of $10,032.60 is required. 5. That the owner makes financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections and the removal of redundant services. 6. That the owner makes arrangements financial or otherwise for the relocation of any existing City -owned street furniture, 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 for the severed and retained lands. 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 for the severed and retained lands. 9. That the Owner provides Engineering staff with confirmation that the basement elevation of the future dwellings 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, at the cost of the Owner. 10. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca b) 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 and the Director of Parks and Cemeteries. c) That the Owner ensures any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Operations and Planning. That prior to the issuance of any building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Parks and Cemeteries.. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner Region of Waterloo File No. D20-20/19 KIT January 7, 2019 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 B2019-001 through B2019-004 Committee of Adjustment Hearing January 15, 2019 CITY OF KITCHENER B2019-001 427 Old Chicopee Trail Maria Kyveris and Greg McNally The owner/applicant is proposing to sever an existing lot into two new single detached lots. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Archaeological Assessment: Regional Staff acknowledge that a registered archaeological site did at one point extend onto the southwest corner of the subject property, although the site was fully documented as part of the 1987 archaeological assessment for the surrounding development. Document Number: 2899550 Version: 1 Regional Staff will not require further archaeological assessment of the subject property, However, due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. 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. B2019-002 25 Fourth Avenue Lino and Angela Santarossa The owner/applicant proposes to sever 7.315 metres to the south of the existing dwelling. 1.829 metres from the property to the south (31 Fourth Avenue) will be combined to this proposed 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 2019. Regional staff has no objection to the proposed application. Document Number: 2899550 Version: 1 B2019-003 and B2019-004 31 Fourth Avenue Lino and Angela Santarossa The owner/applicant proposes (132019-003) to retain a 1.8 metre wide strip of land. This land will be combined with the proposed severance in B2019-002 to create a new residential lot. The owner/applicant proposes (132019-004) to sever a 9.1 metre wide strip of land for the purpose of creating a new lot. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) per new lot created prior to final approval of the proposed consent. 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 2019. 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, per new lot created. 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: 2899550 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: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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.