HomeMy WebLinkAboutDSD-21-029 - B 2021-007 - 43 & 47 Sheldon Ave NI
Staff Report`
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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: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: February 5, 2020
REPORT NO.: DSD -21-029
SUBJECT: Consent Applications B2021-007
43 & 47 Sheldon Avenue North
Owner — Trustees of Bethel Lutheran Church, Ontario District of the
Lutheran Church -Missouri Synod
Applicant — Larry Masseo
RECOMMENDATION:
That severance application B2021-004 proposing to sever a lot that is 31.2 metres wide, 76.8
metres deep, with an area 2036 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 submit draft transfer documents to the satisfaction of the City
Solicitor.
3. That the owner enters into a modified subdivision agreement with the City of Kitchener
to be prepared by the City Solicitor to the satisfaction of the City's Director of
Planning, and registered on title of the severed lands. Said agreement shall include
the following special conditions:
I. Prior to Application for and Issuance of any Building Permits, the Owner agrees
that the severed lands will be designated under Part IV of the Ontario Heritage Act
in accordance with the heritage attributes listed in the approved Cultural Heritage
Evaluation Report and Heritage Impact Assessment, prepared by CHC Limited,
dated February 3, 2021.
That the owner shall prepare a Tree Preservation Plan for the severed 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
grading, servicing, tree removal or the issuance of building permits. Such plans
shall include, among other matters, the identification of a proposed building
envelope/work zone, building elevation drawings, landscaped area and
vegetation to be preserved.
III. The owner further agrees to implement the approved Tree Preservation Plan.
No changes to the said plan shall be granted except with the prior approval of
the City's Director of Planning.
4. That 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:
I. 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.
A building permit shall be obtained for any remedial work/ upgrades that may
be required by the building code assessment.
REPORT HIGHLIGHTS:
Severance application B2021-004 proposes to sever a new lot that is 31.2 metres wide, 76.8 metres
deep, with an area 2036 square metres. The application indicates that "The purpose of the
application is to enable the severance of 43 and 47 Sheldon Avenue so as to enable the sale and
conveyance of the existing dwelling (former parsonage at 43 Sheldon Ave.) from the remaining
church property. The dwelling is no longer necessary for the church and discussions have been
initiated with the abutting owner of 36 [/ think they meant 35] Sheldon Avenue (oneROOF) with
respect to the potential purchase. The intent is to convey the property at 43 Sheldon Avenue to either
oneROOF or another potential purchaser for use under the existing zoning."
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PART G, BBR-1889 WAIER-00 NORTH
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Severance Sketch
PART G, BBR-1889 WAIER-00 NORTH
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Severance Sketch
Location Map
BACKGROUND:
The subject property is designated Institutional in the City's Official Plan and identified as a Major
Transit Station Area on the City's Urban Structure Map.
The subject lands are zoned as INS -2 Major Institutional in the Zoning By-law 2019-051.
The City is undertaking a detailed review of the land use and planning framework for many specific
Kitchener neighbourhoods, including the subject property, known as the Neighbourhood Planning
Reviews project. This process involves creating new policies and mapping that will be added to
our Official Plan, updating zoning, considering new urban design guidelines and implementing
our cultural heritage landscapes. Through this, the City will be implementing the Planning Around
Rapid Transit Stations (PARTS) Study, Kitchener's Cultural Heritage Landscape Study (CHLS), and
the Residential Intensification in Established Neighbourhoods Study (RIENS). The property is
proposed to be identified as a Community Area on the City's Urban Structure Map. As this change
is not yet been approved, the current Major Transit Station Area Urban Structure classification
applies. The land use designation and zoning are not proposed to change through this process.
REPORT:
Planning Comments:
The primary use of lands designated as Institutional is for institutional uses that are of a community
or regional nature, such as secondary and post -secondary educational facilities, long-term care
facilities and social, cultural and administrative facilities. This land use designation also includes
small-scale institutional uses compatible with surrounding uses such as public and private
elementary schools, libraries, day care centres, and places of worship. The Institutional land use
designation provides for a range of institutional uses that are primarily of a community or regional
scale which may not be appropriate for some areas of the city due to traffic and other impacts and
other small-scale institutional uses.
The purpose of the INS -2 Major Institutional zone is to accommodate all types and intensities of
institutional uses primarily intended to serve at city or regional scale.
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 new lot addition conforms to
the City's Official Plan. The dimension and shape of the resulting lot is appropriate and suitable for
continued use of the retained lands as a Place of Worship. The severed lands will have to be used
in accordance with the INS -2 zoning. Each lot will continue to front onto an established public street
(Sheldon Avenue North). 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.
City Planning staff conducted a site inspection of the property on February 2, 2021.
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Existing Manse at 43 Sheldon Avenue North (severed lands)
Building Comments:
The Building Division has no objections to the proposed applications provided 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. A building permit shall be obtained for
any remedial work/ upgrades that may be required by the building code assessment.
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.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
The property municipally addressed as 43 & 47 Sheldon Avenue North is neither listed nor
designated under the Ontario Heritage Act, but rather has been identified as a property of interest.
The submission and approval of a scoped Heritage Impact Assessment was made a requirement of
the processing of the Committee of Adjustment application in order to ensure that the proposed
severance had regard for and was consistent with Provincial, Regional and Municipal policies
relating to the conservation of cultural heritage resources.
Since the subject property is neither listed nor designated, but is of interest, a Cultural Heritage
Evaluation Report (CHER) was prepared to evaluate whether the property meets the criteria for
designation under Regulation 9/06 of the Ontario Heritage Act. A Heritage Impact Assessment (HIA)
was prepared to assess any potential impacts of the severance on the cultural heritage resource.
A draft scoped CHER & HIA prepared by CHC Limited dated January 7, 2021 was submitted and
circulated for comment to the City's Heritage Kitchener committee on Tuesday February 2, 2021.
Some members had questions about servicing and zoning on the property, but there were no
concerns raised by members.
A final scoped CHER & HIA prepared by CHC Limited dated February 3, 2021 was submitted in
relation to Committee of Adjustment application B2021-007. The identified attributes of the property
include the c. 1936 Tudor Revival style dwelling and the layout of the front yard landscaping,
including the portion of the circular drive, the walkways and fountain, the hedges that define the
property and the mature trees. The scoped CHER & HIA goes on to note that landscape
considerations of 43 Sheldon Avenue North must include its neighbour 35 Sheldon Avenue North
as the two properties were developed as one from a landscape perspective. The scoped CHER &
HIA concludes that the property municipally addressed as 43 Sheldon Avenue North has
design/physical, historic/associative, and contextual value, and meets the criteria for designation
under Part IV of the Ontario Heritage Act.
The CHER & HIA conclude that the severance line that is proposed would not result in negative
impacts to cultural heritage value or interest of the property as the severed lot would continue to
retain the heritage attributes of the property, which include the hedges that define the property, the
circular driveway, and the front yard landscape.
Heritage Planning staff agree with the conclusions of the CHER & HIA that the property municipally
addressed as 43 Sheldon Avenue North has cultural heritage value or interest and merits
designation under Part IV of the Ontario Heritage Act, and that the proposed severance will not result
in negative impacts to the identified heritage attributes of the property.
The final scoped CHER & HIA was approved by the Director of Planning on February 9, 2021.
An appropriate tool to conserve the Tudor Revival dwelling and associated front yard landscaping
includes designating the severed lands under Part IV of the Ontario Heritage Act.
Based on the above comments, Heritage Planning staff have no concerns with the proposed
consent, and recommend the following condition:
That the owner enter into a modified subdivision agreement with the City of Kitchener to be
prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and
registered on title of the severed lands. Said agreement shall include the following special
condition:
Prior to Application for and Issuance of any Building Permits
The SUBDIVIDER agrees that the severed lands will be designated under Part IV of the
Ontario Heritage Act in accordance with the heritage attributes listed in the approved Cultural
Heritage Evaluation Report and Heritage Impact Assessment, prepared by CHC Limited,
dated February 3, 2021.
Engineering Comments:
Engineering has no comments.
Operations Comments:
The parkland dedication requirement for this submission is deferred and will be assessed at a future
application.
Environmental Planning Comments:
The Owner should enter into the standard agreement to prepare a Tree Management Plan prior to
any grading, servicing, tree removal, or the issuance of building permits for the severed lands.
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:
A draft scoped CHER & HIA prepared by CHC Limited dated January 7, 2021 was submitted and
circulated for comment to the City's Heritage Kitchener committee on Tuesday February 2, 2021.
The final scoped CHER & HIA was approved by the Director of Planning on February 9, 2021.
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
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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