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HomeMy WebLinkAboutDSD-21-030 - B 2021-008 - 202 Fifth AveI 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: Dumart, Craig, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: February 5, 2021 REPORT NO.: DSD -21-030 SUBJECT: Consent Application B2021-008 202 Fifth Avenue Owners: Predrag and Jelica Vojinovic, Jovica Miljevic Applicant: Predrag Vojinovic RECOMMENDATION: That application B2021-008 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 $4922.00. 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 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. system to the satisfaction of the Director of Engineering Services. 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 shall prepare a Tree Management Plan for both 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 where necessary, implemented prior to creation of the lots. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 10. That the Owner obtains a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the two lots. 11. 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 an existing lot into two equal sized lots. Location Map: 202 Fifth Avenue 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 Four Zone in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property is proposed to be demolished and the applicant proposes to build 2 single detached dwellings on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighbo,.;rhood. The Owner is requesting permission to sever the subject lands into two lots. Both the severed and retained lots would have a lot width of 10.7 metres, a depth of 40.2 metres, and an area of 428 square metres. City Planning staff conducted a site inspection of the property on February 1, 2021. Existing single detached dwelling at 202 Fifth Avenue 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 lots are 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. CCMSEPTiUAL PROPOWD 401 I PRY�(S�"!TY ;3HI4L'NA.Y HOUSE C ..-e 12.. 1e - P,4C' Et B DST� E CCNCEPTuAL PR4POSED HOUSE � .. PROPMD Y aR+VI'4dYCIJ Proposed lot fabrics 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. Separate building permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings. Heritage Comments: Heritage staff has no cultural heritage concerns with the proposed application. Environmental Planning Comments: The owner is required 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 prior to the creation of the lots. Transportation Services Comments: Transportation Services has no concerns with the proposed application. 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.jacobs@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 $4,922.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (10.7m) at a land value of $9,200 per frontage meter. An existing Street Tree is located in the boulevard of 202 Fifth Ave. Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided. 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: There are no previous reports/authorities related to this matter 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