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HomeMy WebLinkAboutDSD-19-128 - B 2019-020 - 28 Burgetz AveStaff Repoft Ki SFR Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner— 519-741-2200 ext. 7987 WARD: 2 DATE OF REPORT: May 8, 2019 REPORT NUMBER: DSD -19-128 SUBJECT: Application B2019-020 28 Burgetz Avenue Owner— MB Future Homes Ltd. Approve with Conditions Lands to be severed R `; �,�, S .. \\ 2 7r, .', Location Map: 28 Burgetz Avenue Report: The subject property is located at 28 Burgetz Avenue and contains a single detached dwelling which is an early 19th century two-storey log house. The subject lands are located in a low rise residential neighbourhood and Burgetz Avenue has been developed with semi-detached dwellings. The lands back onto a former Catholic elementary school site which is currently vacant and the school has been demolished. The existence of the log structure was unknown until very recently and the owner had originally planned to demolish the entire dwelling and redevelop the lands with low rise residential uses. However, upon discovery of the log structure, the owner completed a Heritage Impact Assessment (HIA) and Conservation Plan (CP), and is proposing to retain the log house in situ. In accordance with the findings of the HIA and CP, non-significant additions have been demolished. The owner is proposing to sever a lot containing the log house to sell to a future owner, while retaining the balance of the lands for future development. Staff Report Development Services Department K -x wwwkitchener. ca 2 RF 4 r 71 , Image 1: Dwelling at 28 Burgetz Avenue under renovation (photo taken April 24, 2019) Image 2: Dwelling prior to removal of additions & cladding (from Google Streetview, Sept. 2015) Staff Report Development Services Department K -x wwwkitchener. ca Planning Comments: The subject lands are designated as Low Rise Residential in the Official Plan and is zoned Residential Four Zone (R-4). The zoning and designation permit the single detached dwelling located on the lands to be severed, and a range of low-rise residential uses, including single detached dwelling, semi- detached dwelling and duplex dwelling are permitted on the retained lands. Future consent would be required should the owner wish to subdivide the retained lands further. The proposed lot size for the lands to be severed complies with the R-4 regulations and the proposed setbacks, lot coverage etc. also comply. As part of the renovations to the existing dwelling, the owner is proposing to add a new entrance and porch to the southwest wall of the log dwelling together with a new driveway. There is an existing hydro pole near this property line and any new driveway apron must be located a minimum distance of 1.0 from the hydro pole. In accordance with Engineering Services comments, the Owner is required to make arrangements for the cutting of the curb, and closure of existing driveways. Transportation Services staff has reviewed the driveway design, and are satisfied with the inclusion of a small `S' bend in the driveway. The layout is conceptually shown in Image 3 (below). The new driveway will need to be made operational prior to occupancy of the renovated dwelling. Image 3 — new driveway and porch location Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca 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 the configuration of the proposed lots will comply with the regulations of the Residential Four (R-4) zone. The configuration of the proposed lots is compatible with the existing community, and appropriate and suitable for the existing dwelling and the future development of the retained lands. The lands front on an established public street, and both parcels of land can be serviced with independent and adequate service connections to municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that Consent Application B2019-020 requesting consent to sever the subject property be approved subject to the conditions listed in the Recommendation section of this report. Heritage Comments: The property municipally addressed as 28 Burgetz Avenue is not listed or designated under the Ontario Heritage Act. However, a Heritage Impact Assessment (HIA) and Conservation Plan (CP) were prepared in 2018 in support of an application to redevelop the property, as a result of discovery that the dwelling is an early 19th century log house. Based on the conclusions and recommendations of the HIA and CP, the proposed severance will not negatively impact the heritage attributes of the property or efforts to conserve the log house in situ. The HIA has concluded that the log house located on the subject property is a significant cultural heritage resource and meets the criteria under the Ontario Heritage Act for heritage designation. Consequently, heritage staff make the following recommendations in support of the proposed severance: 1. That the Heritage Impact Assessment dated March 2018 and the Conservation Plan dated July 2018 and prepared by MHBC Planning Limited, be approved by the Director of Planning; and 2. That the owner enter in a modified subdivision agreement which shall require that the lands on which the log house is located be designated under Part IV of the Ontario Heritage Act. Building Comments: The Building Division has no objections to the proposed applications provided: 1) a. A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. b. A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. 2) A separate building permit will be required for any new structures on the retained property. 3) A building permit will be required to replace the retaining wall if the wall exceeds 1000mm in height. Staff Report Development Services Department Transportation Comments: Transportation Services has no concerns with the proposed application. K"'""' NFR wwwki tchenr. ca Engineering Comments: • That the Owner provide a Servicing Plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. • That the owner make 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 to the severed lands and retained lands. 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). • 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 retained lands. • 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. • That the owner make arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping, closure of the redundant driveway ramp on the retained lands and installation of a new driveway ramp on the severed lands. • That the Owner reconstruct or repair the retaining wall along the south-western property line to the satisfaction of the City's Director of Engineering and/or Chief Building Official. A building permit will be required to replace the retaining wall if the wall exceeds 1000mm in height. 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 $11,635.70 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (25.295m) at a land value of $9,200 per frontage meter. Environmental Planning Comments: The applicant is advised that the Tree Management Policy will apply at the time of the redevelopment of the retained lands. Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca RECOMMENDATION: That Application B2019-020 proposing to sever a lot from 28 Burgetz Avenue having a width of 15.266 metres at the proposed front lot line and a lot area of 434.9 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. 3. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $11,635.70. 4. That the Owner provide a Servicing Plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 5. That the owner make 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 to the severed lands and retained lands. 6. 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 retained lands. 7. 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. 8. That the owner make arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping, closure of the redundant driveway ramp on the retained lands and installation of a new driveway ramp on the severed lands. 9. That the Owner reconstruct or repair the retaining wall along the south-western property line to the satisfaction of the City's Director of Engineering and/or Chief Building Official. A building permit will be required to replace the retaining wall if the wall exceeds 1000mm in height. 10. That the Owner receive approval of the Heritage Impact Assessment dated March 2018 and the Conservation Plan dated July 2018 and prepared by MHBC Planning Limited, for 28 Burgetz Avenue, from the City's Director of Planning. Staff Deport Development Services Department 1 wR wwwki tchener. c a 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 lands which shall include the following: a) That following the completion of building renovations contemplated under Building Permit 19-101721, the Owner agrees that the property containing the log house be designated under Part IV of the Ontario Heritage Act. b) That a 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 Chief Building Official. 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 retained lands which shall include the following: "That priorto any grading, tree removal, orthe application for or issuance of a building permit, the owner shall submit a Tree Preservation Plan in accordance with the City's Tree Management Policy. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved and must be prepared by qualified consultants, to the satisfaction of the City's Director of Planning. The owner further agrees to implement the approved plans. No changes to the plans shall be granted except with the prior approval of the City's Director of Planning." 13. a) That the owner shall complete a building code assessment, prepared by a qualified designer, to confirm that the proposed property line and any of the building adjacent to this new property line comply with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall addresses items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner 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.