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HomeMy WebLinkAboutDSD-19-125 - B 2019-017 - 177 Fifth AveStaff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment J wR www.kitchener. ca May 21, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Brian Bateman, Senior Planner - 519-741-2200 ext. 7869 3 May 7, 2019 DSD -19-125 APPLICATION #: B2019-017 177 Fifth Avenue Applicant: MHBC Planning Approve with Conditions "a-itW/lAm— Location Map: 177 Fifth Avenue f� Proposed lot fabrics REPORT Planning Comments: The subject property is described legally as Part Block F, Registered Plan 254. It measures 20.1 metres wide, 50.2 metres deep for an area of 1,008 square metres. There is a detached residential dwelling with a detached garage situated on the property. Surrounding land use is described as low rise detached and multiple dwelling residential. Lot sizes vary in width, depth, and area in this neighbourhood. The applicant is requesting permission to sever the subject lands into two lots to allow for the construction of detached residential dwellings on each lot. The severed lot would have a lot width of 10.05 metres, a depth of 50.2 metres, and an area of 502 square metres. The retained lot would have a lot width of 10.05 metres, a depth of 50.2 metres, and an area of 502 square metres. City Planning staff conducted a site visit of the property on May 7, 2019. 2 The proposal conforms to Provincial and Regional policies which encourage infill development to support and better utilize existing services. The City's Official Plan (OP) supports the Provincial and Regional direction on infill. The OP however contains policies to ensure infill development is sensitive to and compatible with surrounding context while recognizing that neighbourhoods may be stable but not static, meaning significant development is not expected, physical change will occur. In the context of those policies, staff is of the opinion this consent application will result in a lotting fabric that reflects the low rise residential scale and character of the established development pattern of surrounding lands. Through conditional approval, staff will ensure servicing, vegetation conservation and site designing are addressed before issuing final approval. 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, staff is satisfied that the creation of the severed and retained lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street where municipal services are available to service the lots. Based on the foregoing, Planning staff recommends that Consent Application B2109-017, be approved, and subject to conditions listed 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 permit(s) will be required for the demolition of any existing buildings, as well as construction of any new industrial buildings. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: standard condition on both the severd and retained lands to enter into an agreement to complete tree preservation / enhancement plan prior to demolition or building permit issuance whichever comes first. Transportation Services Comments: Transportation Services has no concerns with the proposed application. 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) 3 • 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. 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 $4,623.00 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (10.05m) at a land value of $9,200 per frontage meter. Severed property entry driveway must be confirmed during time of development. Two municipal trees have been identified as impacted by the future driveway access. Removal and replacement of the trees must be reviewed and approved by City of Kitchener Forestry Department. RECOMMENDATION: That Application B2019-017 requesting consent to sever the subject property to create one lot while retaining one lot be approved, subject to the following conditions: 1. 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; 2. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,623.00 The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the Owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one full size paper copy 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. 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. 5. 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. 6. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner submit a complete Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 8. That the Owner provides Engineering staff with confirmation that the basement 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. 9. The Owner makes satisfactory arrangements to address existing boulevard trees that may be impacted to the satisfaction of the Director of City's Operations. 10. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 11. 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. 12. 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 prior to any grading or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks, fencing and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; 5 (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures including any city trees within the Fifth Avenue ROW. (b) Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. 13. That the Owner obtains Demolition Control approval to the satisfaction of the Director of Planning. Brian Bateman MCIP, RPP Senior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner L 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.