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HomeMy WebLinkAboutDSD-19-242 - B 2019-064 - 55 Perth AveStaff Repod KN`:t F.\FR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Junior Planner, 519-741-2200 ext. 7110 WARD: 9 DATE OF REPORT: October 7, 2019 REPORT #: DSD -19-242 SUBJECT: 55 Perth Road —Application: B2019-064 Owner(s): Jovica Miljevic; Nicholas Ryan Bron; Tatiana Bron; Branka Vasic Summarized Recommendation: Approve Consent Applications Subject to Conditions REPORT Planning Comments: The subject property is located at 55 Perth Road and is designated Low Rise Residential in the City's Official Plan and Zoned Residential Five (R-5) in Zoning By-law 85-1. The properties are located near the intersection of Belmont Avenue East and Queens Boulevard in the Southdale Planning Community. A site inspection was done on October 3 2019. The lot currently contains a semi-detached dwelling under construction. The surrounding neighbourhood is comprised primarily of low density residential uses. The subject property is shown below. Existing Conditions and Location Map — 55 Perth Road *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is proposing to sever the subject property and create two new lots fronting Perth Road. The proposal is illustrated below. r PERTH ROAD B-38 I 8.36 #55, ` #53 Severed Lot +gGx off`¢ Retained and severed lot as shown on submitted survey sketch Proposed Semi -Detached Dwelling under construction or e Retained Lot 1 Q Ix` yiA l F V o- t N rr;y CAUTION N. k4b w AhTHM W NO' A'CAN OF SURVEY MRI SFNCL NOF SE USED DIEM" FSR iJ1EPVPPOMINC[ TED IN TIE 7YRE @I TTeg 51{H W FApTE9TED SY{)gveotN+FT3G ;FT yy 0I0ANC03 ON TNlq 61¢TDRIMOC TAKEN FROM PL4J W 4MJ ANDNAYSl QNTHI 5 ETCMAAERYdVIDWTEA •:- uEN$Ipp9 4N THIS gXETCF1alRE APPRO%RTkTE AFpp H{yE NDT EEEN VERIF�EO HY 6NRusY. Severed Lot +gGx off`¢ Retained and severed lot as shown on submitted survey sketch Proposed Semi -Detached Dwelling under construction Consent Considerations 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, the proposed consent request is not premature and is in the public interest. The proposal conforms to the City's Official Plan. The proposed lot fronts onto an established public street with adequate municipal services. The dimension and shape of the proposed new lot is consistent with surrounding lots in the neighbourhood. The severed land and new lot is suitable for future residential development and proposed to be developed with a semi-detached dwelling unit, a permitted residential use. The severed lot complies with the regulations of the Residential Five (R-5) zone and is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The proposed lot and proposed land use is compatible with the existing surrounding community. On this basis, Planning staff recommends that all of the above referenced applications be approved, subject to the conditions outlined in the Recommendation section of this report. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. 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. Should a severance be approved, additional services will be required for severed lot. Transportation Services Comments: Transportation Services has no concerns with the proposed applications. 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 services that may be required to service this property, all prior to severance approval. Our records indicate municipal sanitary, storm and water services are currently available to service this property. Any further enquiries in this regard should be directed to Niall Melanson (519-741-2200 ext. 7133). • 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 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 $3,854.80. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (8.38m) at a land value of $9,200 per frontage metre. Region Comments: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new lot. 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. Bell Comments: Bell Canada has no concerns with Application for Consent B2019-064 regarding 53 and 55 Perth Road. RECOMMENDATION That Consent Application B2019-064 at 55 Perth Road, requesting consent to sever the subject property into two lots, be approved, subject to the following conditions: 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(ies) 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 $3,854.80. 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.dgn (Microstation) format, as well as two full size 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. 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 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. 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. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Richard Kelly-Ruetz, BES Junior Planner Juliane von Westerholt, BES, 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 D20-20/19 KIT October 3, 2019 Re: Comments for Consent Application B2019-064 through B2019-071 Committee of Adjustment Hearing October 15, 2019 CITY OF KITCHENER B2019-64 53 and 55 Perth Road Jovica Miljevic The owner/applicant is proposing a severance to permit the construction of a semi- detached dwelling. Fee: The owner/applicant must submit the consent review fee of $350.00 to the Region of Waterloo prior to final approval of the consent application. Airport Regulations: For informational purposes, Regional Staff advise the owner/applicant of the severed and retained lands that these properties are located under the airport runway take -off approach surface; and are subject to Region of Waterloo Airport Zoning regulations. The occupants would be subject to presence and noise from the flying aircrafts. For any further information in this regard, please contact Kevin Campbell, Project Manager, Airport Construction and Development @ 519 648-2256 ext. 8511 Email: KCampbell(a)-regionofwaterloo.ca Document Number: 3121471 Version: 1 Record of Site Condition: The lands adjacent to the rear property line of 53/55 Perth Road are identified as a known threat in the Region's Threats Inventory Database (TID). The proposed threat indicator is associated with a former landfill on the adjacent lands. As per the Region's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites the subject property would require a completed Record of Site Condition for both the severed and retained parcels prior to final approval of the consent application as the proposal seeks to divide a sensitive use into separate parcels of land that could be held in distinct and separate ownership. 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 owner/applicant submit a Record of Site Condition for both the severed and retained lands, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. B2019-65 210 Simeon Street Esther Geiger and Charles Whitlock Fee: Regional Staff do not require a consent review fee as the proposed application is not creating a new lot. The owner/applicant is proposing to sever the rear portion of 210 Simeon Street to be added to the rear of 162 Pandora Avenue North. Regional staff has no objection to the subject application B2019-66 to B2019-071 253 Clark Avenue JC Group The owner/applicant is submitting six consent applications for the subject lands to create a total of seven new residential lots. Fee: The owner/applicant must submit the consent review fee of $350.00 per new lot created ($350.00 x 6 =$2,100) to the Region of Waterloo prior to final approval of the consent application. Document Number: 3121471 Version: 1 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 per new lot created. 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 19-037 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, ?..6*::; - Matthew Colley Planner Document Number: 3121471 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: October 7, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-094 205 Strange Street A 2019-106 78 Castlebay Street A 2019-107 38 Gordon Avenue A 2019-108 41 Moore Avenue A 2019-109 26 Baird Avenue Applications for Consent: B 2019-064 53 & 55 Perth Road B 2019-065 210 Simeon Street B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician 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