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HomeMy WebLinkAboutDSD-19-041 - CC 2019-001 to CC 2019-004 - 883 Doon Village RdStaff Repod Development Services Department I K;< -,\FR www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Planner— 519-741-2200 ext. 7668 WARD: 4 DATE OF REPORT: February 13, 2019 REPORT #: DSD -19-041 SUBJECT: Application Nos.: CC2019-001 through CC2019-004 Original Application. Nos.: B2018-006 through B2018-009 Address: 883 Doon Village Road Applicant: MHBC Planning Owners: Robert and Alison LaFrance Summarized Recommendation: Approve all Applications REPORT Planning Comments: The subject property is located at the south corner of Bechtel Drive and Doon Village Road in the Pioneer Park Planning Community. The property currently contains a single detached dwelling that fronts onto Doon Village Road, an accessory building formerly used as a Hog and Hen House that fronts onto Bechtel Drive, and another accessory building located behind the dwelling that is used as a garage. The property *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. possesses approximately 73.2 metres of frontage on Doon Village Road, 73.2 metres of frontage on Bechtel Drive, and an area of 5,350 square metres. The subject property is a protected heritage property as it designated under Part IV of the Ontario Heritage Act (see Heritage Comments, below). The property is designated Low Rise Residential in the 2014 Official Plan and is zoned Residential Four (R-4) in the Zoning By-law. Planning staff visited the property on January 30, 2019. Background.- On ackground.On April 17, 2018 the Committee approved, subject to conditions, Consent Applications B2018-006 through B2018-009, which requested consent create 4 new lots: • Lot 1 with an approximate lot width of 18.3 metres, a depth of 25.1 metres, and a lot area of 458 square metres; • Lot 2 with a lot width of 18.2 metres, a depth of 25.1 metres, and a lot area of 456 square metres; • Lot 3 with a lot width of 18.2 metres, a depth of 25.0 metres, and a lot area of 456 square metres; and • Lot 4 with a lot width of 18.5 metres, a depth of 25.0 metres, and a lot area of 462 square metres. The retained lot would contain the existing single detached dwelling and the accessory building used as a garage. The accessory building formerly used as a Hog and Hen House would be relocated to the retained lands. No minor variances were necessary to facilitate the creation of the lots. All 4 decisions were identical. Application-specific conditions were applied to require the owner to enter into a modified subdivision agreement with the City regarding heritage conservation matters, tree preservation, and urban design guidelines for proposed development (Condition #4). In addition, the Region requested a condition for an archaeological assessment report to be submitted to the satisfaction of the Ministry of Culture, Tourism, and Sport (Condition #5), among other conditions. Since that time, the owners have been progressing through the archaeological assessment condition. In terms of logistics, the owners are seeking to fulfill this condition before all others, since decisions regarding other conditions hinge on the outcome of the archaeological study. Furthermore, the condition requiring the modified subdivision agreement with the City contains within it timelines that the applicant is not able to fulfill prior to the completion of the archaeological assessment. The owners have stated that in order to adequately and thoroughly complete the archaeological assessment and other conditions, more time is necessary. Requested Change of Condition: Accordingly, the owners are now requesting the subject Change in Conditions Applications in order to extend the timelines related to the conditions. The proposal, and the purpose of the original conditions, are not proposed to change in any way. The original consent applications continue to remain approved and the subject applications do not invite a revisitation of the merits of the proposal. The Planning Act allows for consideration of adjustments to the conditions. Notice of such applications is not required under the Planning Act. Specifically, the owners are requesting: 1. Condition 4A: To change the milestone within the modified subdivision agreement, required to the satisfaction of the City, which currently states that the owner must fulfill the following conditions "Prior to February 20, 2019 (i.e., within 1 year of the date of decision)": submit a scoped Conservation Plan, submit a letter prepared by a qualified building mover, submit an updated Structural Engineers Report, and submit Tree Preservation Plans. After discussing the matter with Planning staff, the owners are in agreement with changing this milestone to "4A. Prior to Endorsement of Deeds associated with consent applications B2018- 006, B2018-007, B2018-008, and B2018-009 and prior to the fulfillment of the 4B conditions." This will ensure that 4A conditions are fulfilled prior to 4B conditions, which is important from a logistics point of view. 2. Condition 413: To change the milestone within the modified subdivision agreement required to the satisfaction of the City, which currently states that the owner must fulfill the following conditions "Prior to Endorsement of the Deeds associated with consent applications B2018-006 to B2018-009 or February 20, 2020, whichever shall occur first": submit Urban Design Guidelines, enter into a Heritage Covenant Agreement, document the Hog and Hen House, etc. After discussing the matter with Planning staff, the owners are in agreement with changing this milestone to "4B. Prior to Endorsement of the Deeds associated with consent applications B2018- 006, B2018-007, B2018-008, and B2018-009." This will ensure that all 4B conditions are fulfilled before the proposed lots are created. As a result of the above changes, all consent conditions, including Condition #5 (i.e., archaeological assessment), must be fulfilled one year from the date the notice of decision is mailed for the subject Change of Conditions Applications, in accordance with the Planning Act regulations, being approximately March 29, 2020. This represents an extension to fulfill conditions since the original approvals required all conditions to be fulfilled one year from the date the notices of decision were mailed for the original applications, in accordance with the Planning Act regulations, being April 27, 2019. Planning staff consulted Cultural Heritage Planning staff and Region staff (i.e., those City staff and Regional staff responsible for recommending the original conditions in question) and confirmed that there are no concerns with the requested timeline extension for the conditions in question. Cultural Heritage Planning staff commented further that the extension will in no way compromise the cultural heritage value of the property or have adverse impact on the identified heritage attributes of the property. Based on the foregoing, Planning staff recommends that all subject applications be approved, subject to the revised conditions outlined in the Recommendation section of this report. Regional Municipality of Waterloo Comments: The owner/applicant is requesting permission to modify Condition 4 of the Decisions of Provisional Consent applications B2019-006 through B2018-009, to provide for the conditions outlined in the modified subdivision agreement to be cleared prior to deed endorsement rather than one year from the date of the decision. Regional staff has no objection to the subject applications. Cultural Heritage Planning Comments: The property municipally addressed as 883 Doon Village Road is a protected heritage property as it is designated under Part IV of the Ontario Heritage Act. A Heritage Impact Assessment (HIA), prepared by MHBC Planning dated January 2018, was submitted in relation to Committee of Adjustment application B2018-006 to B2018-009. The HIA concluded that the existing designating by-law should be amended to reflect a revised list of heritage attributes and to reflect the revised legal description of the retained lands. The HIA also concluded that the preferred conservation option includes the relocation of the Hog and Hen House to the retained lands. The HIA was approved by the Director of Planning on January 29, 2018. The consent conditions were prepared to ensure the conservation of the Benjamin Burkholder House, Hog and Hen House and views to the primary facade of the Benjamin Burkholder House as part of redevelopment and site alteration. In general, the consent conditions address the following: submission, review and approval of a scoped Conservation Plan; submission, review and approval of an updated Structural Engineers Report; submission, review and approval of a letter from a qualified building mover; submission, review and approval of Urban Design Guidelines, including the review and approval of building elevations prior to issuance of building permits; entering into a Heritage Covenant Agreement addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House, including associated Letter of Credit to ensure implementation; preparation of measured drawings of the Hog and Hen House; and amending the designating by-law to reflect the revised list of heritage attributes. Given that the intent and purpose of the conditions is not proposed to change, Heritage Planning staff has no concerns with the application for change of conditions to extend the timelines related to the conditions. The additional time required to fulfill the conditions will not compromise the cultural heritage value of the property or have adverse impact on the identified heritage attributes of the property. RECOMMENDATION That Condition 4A of Decisions B2018-006, B2018-007, B2018-008, and B2018-009, dated April 17, 2018, be changed to the following (changed text is bolded, underlined, and italicized): 4. 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 registered on title of the severed and retained lands. Said agreement shall include the following special conditions: A. Prior to Endorsement of Deeds associated with consent applications B2018-006, B2018-007, B2018-008, and B2018-009 and prior to the fulfillment of the 4B conditions: That the SUBDIVIDER shall submit and receive approval of a scoped Conservation Plan in accordance with the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, to the satisfaction of the CITY's Director of Planning. The scoped Conservation Plan will include direction on the conservation works that must be undertaken prior to, during and after the Hog and Hen House is relocated, including repairs and supports recommended by the SUBDIVIDERS's consulting engineer and qualified building mover. That the SUBDIVIDER shall submit and receive approval of a letter prepared by a qualified building mover, to the satisfaction of the CITY's Director of Planning, confirming that the Hog and Hen House can be moved. iii. That the SUBDIVIDER shall submit and receive approval of an updated Structural Engineers Report, to be coordinated with both the scoped Conservation Plan and letter from a qualified building mover, to the satisfaction of the CITY's Director of Planning. iv. That the SUBDIVIDER shall prepare a Tree Preservation Plan for each of the severed lots, and the retained lot, in accordance with the City's Tree Management Policy, each of which is to be approved by the City's Director of Planning. Such plans shall include, among other matters, retention of street trees along Bechtel Drive adjacent to the proposed lots, identification of proposed driveways, proposed building envelopes / work zones, landscaped areas, proposed additional street trees, and vegetation to be preserved. That Condition 4B of Decisions B2018-006, B2018-007, B2018-008, and B2018-009, dated April 17, 2018, be changed to the following (changed text is bolded, underlined, and italicized): 4. 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 registered on title of the severed and retained lands. Said agreement shall include the following special conditions: B. Prior to Endorsement of the Deeds associated with consent applications 62018- 006, B2018-007, B2018-008, and B2018-009: The SUBDIVIDER shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, to the satisfaction of the CITY's Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City's Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City's 2014 Official Plan. Further, the approved Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. The SUBDIVIDER shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House and to facilitate the taking of a letter of credit or other like security in a form and content satisfactory to the CITY's Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House, in accordance with the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the SUBDIVIDER's consulting engineer and qualified building mover, to the satisfaction of the CITY's Director of Planning. Further, the SUBDIVIDER shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the CITY's Solicitor, in consultation with the CITY's Director of Planning. The CITY agrees that the Heritage Covenant Agreement may be removed from title at the SUBDIVIDER's expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House and following the adoption of the updated designating by-law for 883 Doon Village Road both to the satisfaction of the CITY's Director of Planning. iii. The SUBDIVDER agrees to document and provide measured drawings of the Hog and Hen House to the satisfaction of the CITY's Director of Planning. iv. The SUBDIVIDER agrees to retain a qualified building mover to relocate the Hog and Hen House on to the retained lands, to the satisfaction of the CITY's Director of Planning and the CITY's Chief Building Official. V. The SUBDIVIDER shall obtain a building permit to relocate the Hog and Hen House from the City's Building Division and actually relocate said building as part of this milestone, to the satisfaction of the CITY's Director of Planning and the CITY's Chief Building Official. vi. That the SUBDIVIDER make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to both the severed and retained lands. This will include, but not be limited to, the extension of storm sewer(s). vii. That the SUBDIVIDER obtain a certificate of approval for sewage works from the Ministry of Environment and Climate Change, in accordance with Section 53 of the Ontario Water Resources Act, for the extension of the municipal storm sewer along Bechtel Drive, to the satisfaction of the City's Director of Engineering Services. viii. That the SUBDIVIDER prepare a servicing plan showing outlets to the municipal servicing system for the severed and retained parcels to the satisfaction of the City's Engineering Division. ix. That the SUBDIVIDER complete and submit the Development and Reconstruction As - Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City's to the Engineering Division. X. That the SUBDIVIDER make 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 and agency. A. That the SUBDIVIDER make financial arrangements to the satisfaction of the City's Engineering Services and Operations Division for the installation, to City standards, of paved driveway ramps on the severed lands and the retained lands. xii. That the SUBDIVIDER remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City's Planning Division. Furthermore, the SUBDIVIDER shall install anew driveway on the retained lands, connecting Doon Village Road to the existing detached garage at the rear of the property. Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP Planner Senior Planner Attachment- • Committee of Adjustment Decisions B2018-006, B2018-007, B2018-008, and B2018-009 Region of Waterloo File No. D20-20/19 KIT February 11, 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 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. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2019-005 to 62019- 007 and CC 2019-001 to CC 2019-004 Committee of Adjustment Hearing February 19, 2019 CITY OF KITCHENER B2019-005 and B2019-006 151 Wentworth Avenue Mark and John Benjamins The owner/applicant is proposing a severance to create a new residential lot. An easement is required on the severed lands to provide shared driveway access for each lot. 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. 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. B2019-007 396 Vanier Drive Scott Davey The owner/applicant is proposing a severance to create a new residential lot. Document Number: 2928806 Version: 1 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. 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. CC2019-001 to C2019-004 883 Doon Village Road Robert and Alison LaFrance The owner/applicant is requesting permission to modify Condition 4 of the Decisions of Provisional Consent applications B2019-006 through B2018-009, to provide for the conditions outlined in the modified subdivision agreement to be cleared prior to deed endorsement rather than one year from the date of the decision. Regional staff has no objection to the subject applications. 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: 2928806 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 RE February 8, 2019 YOUR FILE: See below Application for Minor Variance (Signs): SG 2019-003 151 Zeller Drive Applications for Minor Variance: A 2019-014 71 Heit Lane A 2019-015 66 Mt. Hope Street A 2019-016 36 Gordon Avenue A 2019-017 6 Pequegnat Avenue A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-007 396 Vanier Drive CC 2019 -001 -CC 2019-004 883 Doon Village Road 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.