HomeMy WebLinkAboutDSD-19-176 - CC 2019-005 to CC 2019-007 - 25 & 31 Fourth AveStaff Report
Dcvolopment Services Department
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REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 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: 3
DATE OF REPORT: June 28, 2019
REPORT #: DSD -19-176
SUBJECT: Application Nos.: CC2019-005, CC2019-006 & CC2019-007
Original Application. Nos.: B2019-002, B2019-003 & B2019-004
Address: 25 & 31 Fourth Ave.
Applicant: MHBC Planning
Owners: Lino and Angela Santarossa
Summarized Recommendation: Approve all Applications
REPORT
Planning Comments:
The subject lands are located at 25 and 31 Fourth Avenue, and each property currently contains a single
detached dwelling. On January 25, 2019, the Committee of Adjustment approved, subject to conditions,
Consent Applications B2019-002, B2019-003 and B2019-004 to reconfigure the lands from 2 lots to 4
lots. The house located at 25 Fourth Ave is proposed to be maintained on a new lot having a width of
12.8 metres, and the remainder of the lands were approved to be split into three lots, each having a width
of 9.144 metres. The existing house located at 31 Fourth Avenue is proposed to be demolished. The
proposed severances and resultant lots are shown on the following page.
The 3 original decisions and associated conditions require that 25 and 31 Fourth Avenue be taken into
identical ownership prior to issuance of the certificate in order to facilitate the creation of the new lots in
one transaction at the Registry Office. Since the original approval, the vendor and purchaser have
determined that they would prefer that the land conveyances proceed in a series of transactions, rather
than all as one transaction. As such, the owner is requesting the conditions be changed to permit the
lots to be created as outlined below, and the changed conditions reflect this.
First Severance - Lot "D" to be severed from 31 Fourth Ave. (Decision 132019-004)
Second Severance — Lot "A" to be severed from 25 Fourth Ave. (Decision 132019-002)
Third Severance — following the first two severances, the retained portions of the lands must be
consolidated and then they may be severed into Lots B & C. (Decision 132019-003)
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
SKETCH SHOWING PROPOSED SEVERANCES
NO. 25 & 31 FOURTH AVENUE
CITY OF KITCHENER
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SCALE = V 1 300 1 1 1 1 1 1 1 1 1 1 1
METRIC
PARCEL DESCRIPTION- LOTS AA B A9, REGISTERED PLAN 254
ORIGINAL LOT FABRIC
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RESULTANT LOTS
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The proposed changes to the conditions are provided in the Recommendations section below. Planning
staff, in consultation with the Secretary Treasurer of the Committee of Adjustment and Legal staff is of
the opinion that the proposed sequencing of the conveyances is appropriate and desirable. Each `stage'
of the sequencing of the conveyances will result in lots that conform with the Official Plan and comply
with Zoning By-law regulations should subsequent `stages' not proceed. The size, shape and dimensions
of the interim and ultimate lots are suitable for the use of the lands. In addition to changes to conditions
impacting the sequencing of conveyances, condition 12 of Decisions B2019-003 and B2019-004 are
recommended to be amended due to a clerical error in the original.
Based on the foregoing, Planning staff recommends that all subject applications be approved, subject
to the revised conditions.
RECOMMENDATION
A. That Decision 132019-002, dated January 15, 2019, be changed as follows:
1. Delete Condition 3 and replace with:
That Consent application B 2019-004 shall receive final approval, and registered
transfers shall be provided to the Secretary Treasurer of the Committee of
Adjustment.
2. Delete Condition 5 and replace with:
That the owners shall consolidate and take into identical ownership the remnant
parcel with the adjacent property municipally addressed as 31 Fourth Avenue. The
deed for endorsement shall include that any subsequent conveyance of the parcel
to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O.
1990, c. P.13, as amended.
B. That Decision 132019-003, dated January 15, 2019, be changed as follows:
1. Delete Condition 3 and replace with:
That Consent applications B 2019-002 and B 2019-004 shall receive final approval
and the registered deed shall be provided to the Secretary Treasurer of the
Committee of Adjustment.
2. Delete Condition 5.
3. Delete Condition 6.
4. Delete Condition 12 and replace with:
That the owners 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:
"That prior to any demolition, grading, tree removal, or the application for or
issuance of a building permit, the owners shall submit the following plans for the
new lot (Shown as `Future Lot C" on the severance sketch), to the satisfaction of
the City's Director of Planning:
a. A plan showing the location of the proposed dwelling and driveway, and
elevation drawings, illustrating that the proposed dwelling will be compatible
with the neighbourhood in terms of massing, scale and design, and that the
plans be approved prior to the issuance of any building permit.
b. 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. The plans shall be prepared by qualified consultants.
C. The owners shall further agree 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."
C. That Decision B2019-004, dated January 15, 2019, be changed as follows:
1. Delete Condition 3.
2. Delete Condition 5.
3. Delete Condition 12 and replace with:
That the owners 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:
"That prior to any demolition, grading, tree removal, or the application for or
issuance of a building permit, the owners shall submit the following plans for the
new lot (Shown as `Future Lot D" on the severance sketch), to the satisfaction of
the City's Director of Planning:
a. A plan showing the location of the proposed dwelling and driveway, and
elevation drawings, illustrating that the proposed dwelling will be compatible
with the neighbourhood in terms of massing, scale and design, and that the
plans be approved prior to the issuance of any building permit.
b. 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. The plans shall be prepared by qualified consultants.
C. The owners shall further agree 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."
Katie Anderl, MCI P, 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
*Z11 P111P4.1
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
July 9, 2019
Re: Comments for Consent Application B2019-025 through
B2019-050 and CC2019-005 to CC2019-007
Committee of Adjustment Hearing July 16, 2019
CITY OF KITCHENER
4283 King Street East
1719288 Ontario Inc.
The owner/applicant is proposing to extend an existing lease.
Regional staff has no objection to the application.
4285 King Street East
1719288 Ontario Inc.
The owner/applicant is proposing to extend an existing lease.
Regional Staff has no objection to the application.
Document Number: 3051281 Version: 1
B2019-027
1340 Fischer -Hallman Road
Activa Holdings Inc.
The owner/applicant is proposing a consent application to create a stormwater
easement for the purpose of receiving stormwater from the adjacent lands to the north
and permitting it to flow through to the outlet (Strasburg Creek).
Regional Staff has no objection to the application.
B2019-028
37 Heiman Street
Kiah Group Inc. c/o Sean O'Neill
The owner/applicant is proposing a lot severance. The Committee of Adjustment
previously granted provisional consent approval to create this lot in March 2018 via
application B2018-023.
Regional Comments:
Community Planning:
Regional Staff require the owner/applicant to submit the required consent review fee of
$350.00 for the creation of a new lot.
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2019.
Regional staff has no objection to the 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.
B2019-029
4278 King Street East
Sportsworld Crossing Inc.
The owner/applicant is proposing to a lot severance. The proposed severed lot will
include the existing office building and parking lot and the proposed retained lot will
remain vacant for future commercial uses. The owner/applicant also requires an
easement for shared use of the existing driveway.
Document Number: 3051281 Version: 1
Regional Comments:
Community Planning:
Regional Staff require the owner/applicant to submit the required consent review fee of
$350.00 for the creation of a new lot.
Noise:
The owner/applicant will be required to enter into an agreement with the Region to
submit a detailed Environmental/Stationary Noise Study and secure its implementation
prior to Site Plan approval for any proposed development on the retained lands (Parcel
B).
The Assessment must address the possible impact of road traffic on any proposed
development. In addition the Assessment must address the possible impact generated
by the proposed development on all noise -sensitive uses in the vicinity and on the
development itself, as well as any off-site noise sources identified by the noise
consultant that may have an impact on the proposed development.
The owner/applicant is required to enter into an agreement with the Region to complete
the noise study prior to Site Plan and once approved amend/enter into a new
agreement to implement the recommendations of that study.
Regional Road Dedication:
While no further road widening dedication is required along Regional Road 08 (King
Street East) in accordance with the designated road width provided in Schedule `A' of
the Regional Official Plan (ROP), please be advised that the King Street East corridor
has been identified as the Region of Waterloo Council Endorsed, Preferred Option for
Stage 2 of the Region's Light Rail Transit (ION). Under the ION Stage 2 re -construction
process, further property dedications may be required in association with that project.
For more information regarding the Region of Waterloo ION Stage 2 project please
consult the Region of Waterloo website.
(https://rapidtransit. regionofwaterloo.ca/en/stage21ON/stage2ion.asp)
Access Permit/TIS/Access Regulation:
The subject property currently has a right -in, right -out vehicular access to King Street
East which also connects internally to the #4220 King Street East property.
A new mutual shared access at the northwest property limits along with a mutual shared
access easement between the properties owners intended to use the new relocated
access will be required. The existing right -in, right -out access on King Street East will be
closed.
Document Number: 3051281 Version: 1
A Regional Road Access Permit application with an application fee of $230 will be
required for the proposed access re -location and the closure of the existing access. The
access permit application is available at:
https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf.
No other direct access to King Street East would be allowed to the retained lands.
Regional Road Reconstruction — Please be advised that this section of King Street East
is scheduled for re -construction in 2021 & 2022 according to the Region of Waterloo 10 -
Year Transportation Capital Program. For more information on this project please
contact Mr. William Gilbert at 519-575-4603.
Stormwater Management:
Regional Staff would note that a detailed SWM management report would be required
for any development on the proposed severed and retained lots.
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.
2) That prior to final approval, the owner/applicant enter into an agreement with the
Region of Waterloo to submit a detailed Environmental and Stationary Noise
Study prior to Site Plan approval for any proposed development on the retained
lands.
3) That prior to final approval, the owner/applicant obtain an access permit(s) to the
satisfaction of the Region of Waterloo.
B2019-030 and B2019-031
452 and 256 Prospect Avenue
William Wirtz
The owner/applicant is proposing to sever the rear yard of 452 Prospect Avenue and
add the severed portion to 456 Prospect Avenue. Then owner/applicant also would
simultaneously sever the rear yard of 456 Prospect Avenue, including the added portion
to create a new lot fronting on Broadview Avenue.
Regional Comments:
Community Planning:
Regional Staff require the owner/applicant to submit the required consent review fee of
$350.00 for the creation of a new lot.
Document Number: 3051281 Version: 1
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.
B2019-032 to B2019-042
78, 84, 86, 94, 104, 112, 114,
Activa Holdings Inc.
122 Monarch Woods Drive
The owner/applicant is proposing easements to provide access to the rear yard for
residents.
Regional staff has no objection to the applications.
B2019-043 to B2019-050
110, 116, 118, 124, 126, 132,
Activa Holdings Inc.
134,140 Ian Ormston Drive
The owner/applicant is proposing easements to provide access to the rear yard for
residents.
Regional staff has no objection to the applications.
CC2019-005 to CC2019-007
25 and 31 Fourth Avenue
Lino and Angela Santarosa
The owner/applicant has requested revisions to the proposed conditions as a result of
the current ownership of the subject parcels and the timing of clearing certain
conditions. The proposed consent applications are to facilitate future development plans
for the two existing lots to become four lots. In order to close proposed transactions,
the conditions of approval are required to be amended.
Regional Comments:
Regional Staff have no concerns as the proposed changes are to City of Kitchener
conditions. Regional Staff had no concerns with the proposed applications B2019-002
to B2019-004 and the Regional condition for the consent review fee is not proposed to
be changed.
Regional staff has no objection to the subject applications.
Document Number: 3051281 Version: 1
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: 3051281 Version: 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Trisha Hughes, Resource Planner Phone: (519) 621-2761 ext. 2319
E-mail: thughes(u-)grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: July 5, 2019
RE: Applications for Minor Variance:
YOUR FILE: See below
SG 2019-015
2960 Kingsway Drive
A 2019-059
364 Heritage Drive
A 2019-060
72 Archer Place
A 2019-061
15 Peter Street
A 2019-062
920 Keenwatin Place
A 2019-063
A 2019-064
A 2019-065
A 2019-066 to 073
A 2019-074 to 081
A 2019-082
4278 King Street East
452 Prospect Avenue
456 Prospect Avenue
78, 84, 86, 94, 104, 112,
110, 116, 118, 124, 126,
83 Elmsdale Drive
Applications for Consent:
114, 122 Monarch Woods Drive
132, 134, 140 Ian Ormston Drive
B 2019-025
4283 King Street East
B 2019-026
4285 King Street East
B 2019-029
4278 King Street East
B 2019-030
452 Prospect Avenue
B 2019-031
456 Prospect Avenue
B 2019-032 to 042
78, 84, 86, 94, 104, 112, 114, 122 Monarch Woods Drive
B 2019-043 to 050
110, 116, 118, 124, 126, 132, 134, 140 Ian Ormston Drive
B 2019-051 to 054
83 Elmsdale Drive
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,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
xThese 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