HomeMy WebLinkAboutDSD-19-124 - B 2019-016 - 52 Wilhelm StStaff Repoil
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
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Committee of Adjustment
May 21, 2019
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Craig Dumart, Junior Planner - 519-741-2200 ext. 7073
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May 8, 2019
DSD -19-124
APPLICATION #: B2019-016
52 Wilhem Street
Applicant: KWC Construction Management
Approve with conditions
Location Map: 52 Wilhelm Street
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Proposed lot fabric
REPORT
The subject property is designated as Low Rise Residential in the Official Plan and zoned
Residential Five Zone (R-5) in the Zoning By-law. The subject property at 52 Wilhem Street is
currently developed with a single detached dwelling. The Applicant intends to demolish the
existing building and is requesting consent to sever the subject property into two lots. The
existing development of the neighbourhood consists of a mix of single detached dwellings and
multiple dwellings. Lot sizes vary in width, depth, and area.
The applicant is requesting consent to sever the subject property into two lots. The severed lot
would have a frontage of 9.06 metres, depth of 41.89 metres, and an area of 366.37 square
metres to accommodate a new single detached duplex dwelling, while the retained lot would
have a frontage of 9.06 metres, a depth of 44.03 metres, and an area of 385.00 square metres
to accommodate a new single detached duplex dwelling.
City Planning staff conducted a site inspection of the property on May 1, 2019.
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REPORT
The subject property is designated as Low Rise Residential in the Official Plan and zoned
Residential Five Zone (R-5) in the Zoning By-law. The subject property at 52 Wilhem Street is
currently developed with a single detached dwelling. The Applicant intends to demolish the
existing building and is requesting consent to sever the subject property into two lots. The
existing development of the neighbourhood consists of a mix of single detached dwellings and
multiple dwellings. Lot sizes vary in width, depth, and area.
The applicant is requesting consent to sever the subject property into two lots. The severed lot
would have a frontage of 9.06 metres, depth of 41.89 metres, and an area of 366.37 square
metres to accommodate a new single detached duplex dwelling, while the retained lot would
have a frontage of 9.06 metres, a depth of 44.03 metres, and an area of 385.00 square metres
to accommodate a new single detached duplex dwelling.
City Planning staff conducted a site inspection of the property on May 1, 2019.
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Existing single detached dwelling at 52 Wilhem Street
Planning Comments:
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, both the severed and retained parcels are in conformity with the
City's Official Plan and Zoning By-law 85-1.
Planning staff is of the opinion that the proposal conforms with the regulations of the Residential
Five Zone (R-5). The proposed severance conforms to the City's Official Plan and the
configuration of the proposed lots can be considered appropriate for the use of the lands.
The lots conform to policy 17.E.20.5 of the Official Plan which requires both the retained and
severed lots to reflect the general scale and character of the established development pattern of
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surrounding lands. Both the retained and severed lots have frontage on a public street with full
municipal services available.
Based on the foregoing, Planning staff recommends that Consent Application B2019-016
requesting consent to sever the subject property into two lots be approved, subject to the
conditions listed in the Recommendation section of this report.
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 approval. Our records indicate sanitary, storm and water municipal
services are currently available to service this property. 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 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.
Environmental Planning Comments:
Standard condition on both the severed and retained lands to enter into an agreement to
complete tree preservation / enhancement plan prior to building permit issuance.
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 residential buildings.
Heritage Planning Comments:
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 applicant is advised that the property municipally addressed
as 52 Wilhelm Street is located within the Mt Hope/Breithaupt Neighbourhood CHL. The owner
and the public will 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.
Heritage Planning staff has no concern with the proposed severance.
Transportation Comments:
Transportation Services has no concerns with the proposed application.
Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as a new
development lot will be created. The cash -in -lieu dedication required is $4,167.60
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (9.06m) at a land value of $9,200 per frontage meter.
RECOMMENDATION:
That application B2019-016 requesting permission to sever the subject property into two lots be
approved subject to the following conditions:
That satisfactory arrangements be made with the City of Kitchener for the payment of
any outstanding Municipal property taxes and/or local improvement charges.
2. That the Owner provide a digital file of the deposited reference plan(s) prepared by an
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 Agn
(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.
3. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal in the amount of $4,167.60 which is required on the severed parcel
as a new developable lot will be created by the severance. The park land dedication
is calculated at the residential rate of 5% of the per metre lineal frontage land value
for the severed portion.
4. That the Owner make financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the severed
and/or retained lands.
That the owner make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, and a paved driveway ramp, on the severed lands and retained
lands.
6. That any new driveways be built to City of Kitchener standards at the Owner's expense
prior to occupancy of the building to the satisfaction of the City's Engineering Division.
That the Owner provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
8. 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.
9. That the Owner provides Engineering staff with confirmation that the basement
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elevation 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 to the satisfaction of the
Director of Engineering Services.
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 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.
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.
11. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
Craig Dumart, BES, MCIP, RPP
Junior Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
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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. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
File No. D20-20/19
KIT
May 14, 2019
Re: Comments for Consent Application B2019-015 through
B2019-023
Committee of Adjustment Hearing May 21, 2019
CITY OF KITCHENER
*k11 pall N1
23 & 25 Wendy Crescent
Yusuf Ishmail
The owner/applicant is proposing a severance to allow for two separate parcels for an
existing semi-detached dwelling.
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.
Corridor Planning
Regional Staff advise that the proposed severed and retained lots are located within the
6.Okm of outer area of airport zoning area; and located under the airport runway take -off
approach surface and as such subject to all provisions of Airport Zoning and Federal
Aviation. For further information please contact Kevin Campbell at:
KCampbell(d)-regionofwaterloo.ca
Document Number: 2999380 Version: 1
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.
:]KOI Da1Z [1
52 Wilhelm Street
4Front Design Build Partners
The owner/applicant is proposing a severance to allow for two separate parcels to
construct a two storey duplex on 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.
Noise Study
A detailed noise study will be required to assess the impacts of road traffic from Weber
Street West (RR #08) and rail noise/vibration from CN Railway mainline that are in close
proximity to the proposed development. The recommendations of the detailed noise
study will be required to be implemented as a Regional condition through a registered
agreement with the Region of Waterloo. Condition(s) must be secured as accordingly.
It is the responsibility of the owner/applicant to ensure the development is not adversely
affected by anticipated transportation and/or stationary noise impacts. In this regard the
owner/applicant should prepare an Environmental Noise Study. The noise study must
be prepared in accordance with MOE NPC -300 Guideline.
The noise consultant must be pre -approved by the Region of Waterloo. The noise
consultant is responsible for obtaining current information, applying professional
expertise in performing calculations, making detailed and justified recommendations,
submitting the Consultant Noise Study Declaration and Owner/Authorized Agent
Statement along with three copies of the Environmental Noise Study to the Region of
Waterloo.
Please note that the Region of Waterloo charges $250 for the preparation of traffic
forecasts and review of Environmental Noise Study. The noise consultant preparing the
Environmental Noise Study must complete and submit a Transportation Planning Noise
Assessment Fee Form and must request forecasted traffic data for the appropriate
Regional roadways. The form can be found at:
Document Number: 2999380 Version: 1
https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-Standards/Noise-
Assessment-Application--Fee-Form. Pdf
As indicated on the form, traffic forecasts for noise assessments will be prepared within
15 business days of the data of the request, but will be withheld if payment has not
been received.
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.
2) That prior to final approval, the applicant submit an Environmental Noise Study to
the Region of Waterloo for review and approval, and, if necessary, based on the
recommendations of the study, enter into a Registered Development Agreement
with the Region of Waterloo to implement the recommendations of the study.
B2019-017
177 Fifth Avenue
c/o MHBC Planning
The owner/applicant is proposing to sever the property into two 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.
Corridor Planning
Regional Staff advise that the subject lands are located under the airport runaway take-
off approach surface and as such subject to all provisions of Airport Zoning and Federal
Aviation. For further information please contact Kevin Campbell at:
KCampbell(d)-regionofwaterloo.ca
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: 2999380 Version: 1
B2019-018
69 Amherst Drive
Owl Properties Incorporated
The owner/applicant is proposing to sever the existing single detached residential lot
from the balance of the land holding.
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:
The subject property possesses some potential for the recovery of archaeological
resources due to the proximity to an historic road and proximity to a water course (The
Grand River). However, due to disturbance that has occurred on the subject property
since the development of the original subdivision, Regional staff will not be requiring
the submission of an Archaeological Assessment. However, the owner/applicant of the
subject property should be made aware that:
• If archaeological resources are discovered during the 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 owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 2999380 Version: 1
B2019-019
49 Overland Drive
Alphabet Overland Self Storage Inc.
The owner/applicant is proposing a severance for the creation a new industrial lot. The
severed land is site plan approved for a self storage use. The retained land is proposed
for a contractor yard. The owner/applicant requires an easement for stormwater
management over the retained lands in favour of the severed lands.
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.
Corridor Planning
Regional Staff advise that the subject lands are located under the airport runaway take-
off approach surface and as such subject to all provisions of Airport Zoning and Federal
Aviation. For further information please contact Kevin Campbell at:
KCampbell(d)-regionofwaterloo.ca
Record of Site Condition
The subject property is identified in the Region's Threats Inventory Database (TID) as
having a high threat of contamination on the property. However, in accordance with the
Region's Implementation Guideline for the Review of Development Applications On or
Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition
(RSC) is not required for the proposed severance.
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: 2999380 Version: 1
B2019-020
28 Burgetz Avenue
MB Future Homes Ltd.
The owner/applicant is proposing a residential lot severance.
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.
Corridor Planning
Regional Staff advise that the subject lands are located under the airport runaway take-
off approach surface and as such subject to all provisions of Airport Zoning and Federal
Aviation. For further information please contact Kevin Campbell at:
KCampbell(d)-regionofwaterloo.ca
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.
B2019-021 through B2019-23
20-24 Breithaupt Street
2184647 Ontario Limited & Breithaupt Block Inc.
The owner/applicant is proposing to sever the subject property due to construction
financing requirements for the proposed Phase 3 development of the Breithaupt Block.
B2019-021 is to sever the existing lot into two separate parcels. B2019-022 is to grant
an easement between the severed properties in favour of the retained lands for access
purposes. B2019-023 is to facilitate the granting of a lease over twenty-one (21) years.
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 B2019-021.
Document Number: 2999380 Version: 1
Record of Site Condition:
The subject property is identified in the Region's Threats Inventory Database (TID) as
having a high threat of contamination both on and adjacent to the property. In
accordance with the Region's Implementation Guideline for the Review of Development
Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of
Site Condition (RSC) would be required for the proposed consent applications.
Regional Staff acknowledge that RSC #222924 was completed for the proposed
severed and retained lands at 20-24 Breithaupt Street and filed with the Ministry of the
Environment, Conservation and Parks on January 27, 2017. Regional Staff are satisfied
with the submission of an RSC and have no further comments.
Regional staff has no objection to the applications, 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.
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,
/ l
Matthew Colley
Planner
Document Number: 2999380 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(u-)grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: May 13, 2019
YOUR FILE: See below
RE: Applications for Minor Variance:
SG 2019-009
760 Commonwealth Crescent
SG 2019-010
907 Frederick Street, Units 3-5
SG 2019-011
524 Belmont Avenue West
A 2019-038
128 Mill Street
A 2019-039
121 Arrowhead Crescent
A 2019-040
18 Rosedale Avenue
A 2019-041
555 King Street East
A 2019-042
244 and 260 Shoemaker Street
A 2019-043
170 Rivertrail Place
A 2019-044
107-109 North Hill Place
A 2019-045
52 South Drive
A 2019-046
18 Guelph Street
A 2019-047
945 Robert Ferrie Drive
A 2019-048
28 Stirling Avenue South
A 2019-049
101-115 Margaret Avenue
A 2019-050
149-151 Ontario Street North/21 Weber Street West
A 2019-051
25 Vanier Drive
Applications for Consent:
B 2019-014
128 Mill Street
B 2019-015
23-25 Wendy Crescent
B 2019-016
52 Wilhelm Street
B 2019-017
177 Fifth Avenue
B 2019-018
69 Amherst Drive/118 Doon Valley Drive
B 2019-020
28 Burgetz Avenue
B 2019-021
20-24 Breithaupt Street
B 2019-022
20-24 Breithaupt Street
B 2019-023
26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore
Avenue, 20-24 Breithaupt 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.
'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority
Sincerely,
Andrew Herreman, CPT
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 2 of 2
Grand River Conservation Authority.