HomeMy WebLinkAboutDSD-21-028 - B 2021-006 - 427 Old Chicopee TrI
Staff Report`
Itis i z��:I�
Develo n7ent5ervicesDepartr7ent www.kitchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 16, 2021
SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157
PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: February 8, 2021
REPORT NO.: DSD -21-028
SUBJECT: Consent Application B2021-006
427 Old Chicopee Trail
Owner- Maria Kyveris & Greg McNally
Applicant: - Maria Kyveris
RECOMMENDATION:
That application B2021-006 for consent to sever into two lots 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(ies) to the satisfaction of
the City's Revenue Division;
2. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $6688.40. 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 provides 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 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 makes 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 are to 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 provides a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
7. That the Owner submits 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 the owner conveys to the City of Kitchener, without cost and free of
encumbrance, an approximately 3 metre wide road widening along the severed
parcel's entire Old Chicopee Trail frontage, to the satisfaction of the City's
Transportation Services. In addition, the owner shall submit a Phase 1 and Phase 2
Environmental Assessment to the satisfaction of the City's Engineering Services for
the road widening on the severed portion.
10. That the Owner makes satisfactory arrangements with the Director of Engineering for
payment towards future sidewalk installation along the frontage for the severed
portion.
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 the Director of
Operations, and where necessary, implemented prior to any grading, tree
removal or the issuance of any building permits. Such plans shall include,
among other matters, the identification of a proposed building envelope/work
zone, landscaped area and vegetation (including street trees) 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 and the Director of Parks and Cemeteries.
c) That the Owner ensures any boulevard trees identified by the City for retention
are protected during construction to the satisfaction of the City's Operations
and Planning. That prior to the issuance of any building permit, the Owner
makes satisfactory arrangements financial or otherwise for any
relocation/removal of any existing boulevard trees adjacent to the subject
property to the satisfaction of the City's Parks and Cemeteries.
12. That the Owner obtains a demolition permit for the portion of the existing single
detached dwelling proposed to be demolished, to the satisfaction of the Chief
Building Official.
13. That the owner provides a building code assessment as it relates to the new
proposed property line to the satisfaction of the Chief Building Official.
14. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The application is requesting to create a lot by severing a portion of an existing lot containing a single
detached dwelling. A partial demolition of a section of the existing single detached dwelling is
requi
Location Map: 427 Old Chicopee Trail
REPORT:
BACKGROUND:
The property is designated as Low Rise Residential in the City's Official Plan and identified as a
Community Area on the City's Urban Structure Map.
The property is zoned as Residential Three Zone in Zoning By-law 85-1.
On December 11, 2017, the Committee of Adjustment approved severance application B2017-048
for 427 Old Chicopee Trail to sever a parcel of land having a width of 21.95m, a depth of 43.4m
and an area of 928.84 sq.m. That application has been fully approved, creating the parcel now
municipally addressed as 441 Old Chicopee Trail. A single detached dwelling is now built on the
newly created lot.
On January 15, 2019, the Committee of Adjustment approved severance application B2019-001
for 427 Old Chicopee Trail to sever the subject lot roughly in half. This application would have
required the existing single detached dwelling to be fully demolished. That application was not
endorsed, and the applicant is now seeking to keep the existing single detached dwelling and
create a new lot by demolishing only a portion of the existing single detached dwelling.
Planning Comments:
A portion of the single detached dwelling on the property is proposed to be demolished and the
applicant proposes to build a single detached dwelling on the severed lot. The existing development
of the neighbourhood consists of mostly single detached dwellings.
The Owner is requesting permission to sever a portion of the subject lands to create a new lot. The
severed lot would have a lot width of 14.54 metres, a depth of 42.76 metres, and an area of 605.25
square metres. The retained lot would have a lot width of 29.08 metres, a depth of 43.37 metres,
and an area of 1219.8 square metres.
City
Existing single detached dwelling at 427 Old Chicopee Trail (January 22, 2021)
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 lot is 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 and full services are available.
Building Comments:
The Building Division has no objections to the proposed applications provided:
1) 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.
2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the
building code assessment.
A separate building permit will be required for the construction of the new residential building. 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 — a building permit will be required for this work.
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
The standard condition will be required for the owner to enter into an agreement registered on title
of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be
submitted and approved before a building/demolition permit will be issued.
Transportation Services Comments:
It is noted within the City of Kitchener's Official Plan that, Old Chicopee Trail is designated for a road
widening with an ultimate road width of 18 metres between Daimler Drive and Fairway Road North.
Therefore, a conveyance of approximately 3 metres along the entire severed portion fronting Old
Chicopee Trail is required. Also, a Phase 1 Environmental Site Assessment (ESA) be submitted and
if deemed necessary, a Phase 2 ESA be submitted to Engineering.
Also, funds for a future sidewalk along the entire frontage of the severed property be provided to
Engineering.
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 service connections 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 (trevor.iacobs(a�kitchener.ca)
Any new driveways are to be built to City of Kitchener standards. All works are 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 new site infrastructure 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 1 new development
lot will be created. The cash -in -lieu dedication required is $6,688.40.
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (14.54m) at a land value of $9,200.00 per frontage meter.
g M O� D CHIC0PEE I R A I L D N
r —
_ t
I
w+era TO BE SEVERED, TO BE RETAINED
AREA • 6D5,23 5AREA-'248,$6SO,M,
('�.M, , .. , ..
Proposed lot fabrics
441 Old
If
\-
Chicopee Trail
1 rv.
,a
O
Bey
f
ex�+mr;
y4Y �Yk
y
-
E, 5�Ld
Proposed
New Lift
427 Old
Chicopee Trail
Proposed lot fabrics
441 Old
If
\-
Chicopee Trail
1 rv.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
B2017-048
B2019-001
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 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/20 KIT
February 5, 2021
Re: Comments for Consent Applications B2021-006 to 62020-
008
Committee of Adjustment Hearing February 16, 2021
CITY OF KITCHENER
B2021-006
427 Old Chicopee Trail
Maria Kyveris and Greg McNally
The owner/applicant is proposing a severance to facilitate a new single detached
dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Archaeological Assessment:
Regional note that the subject property was excluded from the archaeological
assessments completed for the surrounding developments. However, the majority of
this parcel has been disturbed and will not require further archaeological assessment.
The owner/applicant must be aware that a registered archaeological site did at one
point extend onto the southwest corner of their property, although it appears to have
been fully documented as part of the 1987 archaeological assessment for the
surrounding development. Due to the proximity of registered archaeological resources
the applicant should know that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the owner/applicant will need to immediately
Document Number: 3557334 Version: 1
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 owner/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.
Airport Zoning:
The proposed project is located within the Approach surface of Runway 08 and is
subject to the restriction outlined in the Airports Aeronautical Zoning Regulations. The
subject lands are subject to proposed height restriction of 9.5 metres. At the appropriate
time, prior to building permit issuance, the Airport would request more detailed plans on
the construction of the home, specifically if cranes are proposed to build this site. This
information would assist staff to assess & to ensure no impacts to the Airport
Operations during construction.
The owner/applicant must complete and submit the necessary Form(s) as required for
the proposed buildings and cranes, and furnish the necessary information as required
by NAV Canada as provided at the link below:
https://www.navcanada.ca/en/products-and-services/Pages/land-use-
program.aspx.
For further information in this regard please contact: Kevin B. Campbell, Project
Manager, Airport Construction and Development at 519.648.2256 ext. 8511 or Email:
KCampbel I(cD-regionofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
Document Number: 3557334 Version: 1
B2021-007
43 & 47 Sheldon Avenue
Bethel Evangelical Lutheran Church
The owner/applicant is proposing a severance to enable the sale and conveyance of the
existing dwelling (former parsonage at 43 Sheldon Avenue) from the remaining church
property.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Airport Zoning:
The owner/applicant must be advised that the subject lands are located within airport
zoning regulated area and specifically under the runway take -off approach surface.
Therefore, the lands and the proposed development are subject to all provisions and
restrictions of Airport Zoning regulations and Nav Canada. For further information in this
regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and
Development at 519.648.2256 ext. 8511 or Email: KCampbell(cD-regionofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
B2021-008
202 Fifth Avenue
Jovica, Peter and Jelica Vojinovic
The owner/applicant is proposing a severance to facilitate the construction of two
duplexes.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Airport Zoning:
The owner/applicant must be advised that the subject lands are located within airport
zoning regulated area and specifically under the runway take -off approach surface.
Therefore, the lands and the proposed development are subject to all provisions and
restrictions of Airport Zoning regulations and Nav Canada. For further information in this
regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and
Development at 519.648.2256 ext. 8511 or Email: KCampbell(cD-regionofwaterloo.ca
Document Number: 3557334 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 327.9 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 2020.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
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 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,
Matthew Colley,
Planner, MCIP, RPP
Document Number: 3557334 Version: 1
Ca'�and Rey r
0
0
7
��~yation P�
February 2, 2021
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Holly Dyson, Administrative Clerk Via email only
Legislated Services, City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Dyson,
Re: February 16, 2021 Committee of Adjustment Meeting
Applications for Minor Variance
A 2021-005
50 Brookside Crescent
52 South Drive
A 2021-006
B 2021-007
4 Gildner Street
A 2021-007
202 Fifth Avenue
359 Highland Road West
A 2021-009
268 Louisa Street
Applications for Consent
B 2020-047
50 Brookside Crescent
B 2021-006
427 Old Chicopee Trail
B 2021-007
43 & 47 Sheldon Avenue
B 2021-008
202 Fifth Avenue
The above -noted consent 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 at 519-621-2763 ext. 2228 or aherremanamrand river. ca.
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 Page 1 of 1
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River