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HomeMy WebLinkAboutDSD-2021-198 - B 2021-055 - A 2021-118 - 134 Woolwich StStaff Report Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19th, 2021 L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Kelly-Ruetz, Richard, Project Manager, 519-741-2200 ext. 7110 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -21-198 SUBJECT: Consent Application B2021-055 Minor Variance Application A2021-118 134 Woolwich Street Owner — James Douglas Roberts & Sue Mary Roberts Applicant — Andrea Sinclair & Kate Wills, MH BC RECOMMENDATION: That application B2021-055 for consent to sever a triangular parcel of land having no street frontage, a width of 116 metres at its largest, and an area of 0.282 hectares, to be conveyed as a lot addition to the property municipally addressed as 124 Woolwich Street be approved with conditions. The retained land will be "flag -shaped" and have a lot width of 3 metres, a depth of 256.61 metres, and an area of 0.7 hectares. Approval is subject to the following conditions: 1. That Minor Variance Application A2021-118 received final approval. 2. 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 to the satisfaction of the City's Revenue Division. 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 .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 lands to be severed are to be added to the abutting lands and title is to be taken into identical ownership as the abutting lands. 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5. That the Owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the Owner register a release of any easements made no longer necessary by the transaction on the lands to be severed, to the satisfaction of the City Solicitor. And that application A2021-118 requesting relief from Special Regulation Provision 182R of Zoning By-law 85-1 to permit a minimum lot area of 0.7 hectares rather than the required 0.9 hectares, be approved. REPORT HIGHLIGHTS: • The application is requesting a lot addition by severing a portion of an existing lot containing a single detached dwelling and conveying it to another adjacent lot (lot line adjustment). • The property municipally addressed as 134 Woolwich Street is severing a triangular piece of property and conveying it to adjacent 124 Woolwich Street. • A minor variance is required to legalize the lot area of the retained lot (134 Woolwich Street). Location Map: 134 Woolwich Street 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 subject property is zoned Residential Three Zone (R-3) in Zoning By-law 85-1 with Special Regulation 182R, which requires a minimum lot width of 3 metres and a minimum lot area of 0.9 hectares. Planning Comments — Consent B2021-055: A portion of the lot at 134 Woolwich Street is proposed to be conveyed to 124 Woolwich Street as a lot addition. No new lot will be created. The existing single detached dwelling at 134 Woolwich Street will remain on the retained lot. The applicant has indicated that the lot addition will facilitate a future development application at 124 Woolwich Street; no concept plan was submitted with the application. Staff emphasises that approval of this lot addition does not constitute support for any future development application at 124 Woolwich Street. Such a proposal would be evaluated at that time. 124 Woolwich Street and 134 Woolwich Street are currently zoned Agricultural Zone (A-1) and Residential Three Zone (R-3), respectively, and do not currently permit any multi -unit development. The triangular severed portion of 134 Woolwich Street that would be conveyed to 124 Woolwich does not have street frontage, would have a depth of about 116 metres, and a lot area of 0.282 hectares. The retained lot at 134 Woolwich Street would have a lot width of 3 metres, a depth of 256.61, and an area of 0.7 hectares. City Planning staff conducted a site inspection of the property on September 29, 2021. Entrance t Dwelling at rear of retained portion of 134 Woolwich St. :)olwich St. 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 severance conforms to the City's Official Plan and will allow for a lot addition. The severed and retained lots will remain irregular in shape and size, which is consistent with the current lot fabric in the surrounding area. The lot shape of retained 134 Woolwich Street is improved with this application as the proposed merger with 124 Woolwich Street improves street access and infill potential for the severed parcel. Subject to approval of the minor variance for the retained lot, both the retained and severed lots meet the Zoning By-law. 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. The City's ongoing Comprehensive Review of the Zoning By-law (CRoZBy) currently proposes to permit multi -unit development on 124 Woolwich Street via application of the new RES -5 zone. For 134 Woolwich Street, the existing 85-1 zoning (R-3, 182R) is proposed to be carried forward to the equivalent zone in the new by-law, which would be the RES -2 base zone with a Site Specific Provision akin to existing 182R. In other words, the `severed' triangular parcel as part of this application is not proposed to be zoned RES -5 in CRoZBy. Council has not made a decision on any CRoZBy zones on these lands. These details are provided for Committee's information. Based on the foregoing, Planning staff recommends that Consent Application B2021-055 requesting to sever a portion of the lot at 134 Woolwich Street as a lot addition to 124 Woolwich Street be approved subject to the conditions listed in the recommendation section of this report. rHn I Ur LU I J :]�J 6C 0 J \ GERMAN COMPANY TRACT Ja\- Hn1E CITY OF KITCHENER REGIONAL MUNICIPALITY OF WATERLOO N KALE l . 756 Ld 4— Fes- PaR 4, 58R-6564 JA.BARNES LIMITED V] FIN zz7ro-oue: (e rJ 1 \ l Land:mnesLwefw �.• METRIC DFITANCES AND OR CDORDINATES SHOt4TL ON THIS RUN 110 rea A: 0.282 Ha. \ \/ METRES AND C N BE OON�ERTED TO FEET BY DIVIDING B U n 1ti Pari 3, 5SR-5564 Zoning: R-3 11011))JIr SIr'751J0'2'9'&' 15 51 30Y5 '2'9'- k 98824 G frd 5Bpi PW 22710-1 74ff (Lff ) JCL N6h'69.00W 65?16 i o i SaE ger to Fignf-OFNby, D .855---. lrryt. No. 186721 k 988?65 / �y\ \ � 459'x8.30 "W Part T, 588-157 PIN 22710 - r 02JB(LTJ o- 0" / Pvrt 6 58R-6564 P� Su(oject m RrWS r-of-lMoy, Li L=1 Y OJ 5ss \ �/' Inst Na 9BBi65 AN59'51 2D W P.,t 1, 58R-4412 °� X19, a ,s" / /: 'Nary /� Pert 2. 5&716564 J( 237 10 Ms' Su6�ec! to Ri99htaf-Way�. '�w \ f /// _ � v ht lnsf. N¢ T5J025 98BJ24 0 \! pIN ( �ry 7 Easement, lost N 887811 wry' fi N S�sa Lands to 6e RMIned 6A hh 'Y' Area: 0.700 Ha. '` / k• Oti p r o Zaning'. R-3 {18Zk) �QOq, • ry,o ii ]•D.BARNES LAN9 INFORMATION SPECIALISTS ...�m `` (51cCREx� Gar5.iE, MI4RKI. IC.EEtt�ENCE rv2 9)37t22N_-.jdba-_ 9711 tiy`.^i''ry' d yhl 4�f 7No 65]8]] Proposed Lot Fabric Planning Comments — Minor Variance A2021-118 The retained lot (134 Woolwich Street) is currently zoned Residential Three Zone (R-3) with Special Regulation Provision 182R which, among other items, requires a lot area of 0.9 hectares. By conveying a triangular portion of the subject property, the minimum lot area would not be met and requires a minor variance. As such relief is requested from Special Regulation Provision 182R of Zoning By-law 85-1 to permit a minimum lot area of 0.7 hectares rather than the required 0.9 hectares. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The proposed reduction in lot area is not contrary to this objective and it is the opinion of staff that the requested variances are appropriate and continue to meet the general intent of the Official Plan. Any future development would be required to satisfy the objectives of the land use designation and implementing zoning. General Intent of the Zoning By-law The intent of the 0.9 hectare minimum lot area is to ensure a functional lot can be provided on the subject property. By reducing the lot area to 0.7 hectares, the retained lot will maintain street frontage and access, and will continue to function similarly how it does today; presently, the triangular portion to be severed is in an awkward location relative to the existing dwelling on the retained lot and the proposed severance simplifies the lot fabric. Staff is of the opinion that the reduction in the lot area meets the general intent of the Zoning By-law. Is the Variance Minor? Staff is of the opinion that the variance can be considered minor as reduction in lot area will not impact the retained lot's ability to function as a residential property and will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the use and development of the land as it facilitates a lot addition which will improve the irregular lot shape of the subject property. City of Waterloo Comments: The City of Waterloo has no objection to the application, with the understanding that there is insufficient information to evaluate the future redevelopment of the property at this time. The Owner is advised that servicing capacity and availability is not guaranteed for the future redevelopment of the property. In addition, access to Woolwich Street will need to be evaluated as part of the future redevelopment proposal, and the Owner will be responsible for all costs associated with any modifications to the Woolwich Street right-of-way, including but not limited to utility relocates and upgrades. The City of Waterloo reserves the right to amend these comments as more information becomes available. Building Comments: The Building Division has no objections to the proposed consent & variance. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: As no physical alterations or development is proposed to 134 Woolwich Street (retained lands) Environmental Planning has no concerns. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application Engineering Comments: Since there is no new lot being created Engineering has no concerns Operations Comments: Parkland Dedication is not required as no new lot is created. No City -owned street trees will be impacted by the proposed severance or development. 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 sign 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. N, r Region of Waterloo Sarah Goldrup 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 Peter Ellis 519-503-2536 D20-20/21 KIT October 12, 2021 Re: Comments for Consent Application B2021-044, B2021-046, 62021- 047, B2021-054, and B2021-055 Committee of Adjustment Hearing October 19, 2021 CITY OF KITCHENER B2021-044 51 Nelson Avenue Parkwood Homes (KW) Ltd / John Mesina The owner/applicant is proposing to sever the semi-detached dwelling into two legal parcels. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 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 per new lot created. Document Number: 3846480 B2021-046 74 Admiral Road 2611601 Ontario Inc. The owner/applicant is proposing to sever the lot into two lots with the intention of demolishing the current house and building semi -duplex dwelling on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-047 81 Fifth Avenue Branislav and Sanja Mikan / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels to allow for the development of two semi-detached dwellings. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants 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 519.648.2256 ext. 8511 Email: KCampbell(a)regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. Document Number: 3846480 B2021-054 74 Rutherford Drive Mirjana and Pero Perencevic / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants 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 519.648.2256 ext. 8511 Email: KCampbell(a-)regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-055 134 Woolwich Street James and Sue Roberts / A. Sinclair and K. Wills (MHBC) The owner/applicant is proposing to sever a 2,820m2 area from 134 Woolwich Street and add the severed portion to 124 Woolwich Street. Environmental Noise (Advisory Comments): Regional Corridor Planning staff note that any future development on the lands to be severed requiring a zone change or plan of condominium will be required to undertake an environmental noise study to assess potential transportation related noise from the municipal street system in the vicinity of the subject lands. The owners/applicants are responsible to ensure that any future development does not have any environmental noise impacts. Regional Staff may offer a more detailed evaluation and/or alternative Document Number: 3846480 options once more detailed development plans are available should future development on the severed lands be considered. The Region has no objection to the proposed application. General Comments Any future development on the lands subject to the above -noted consent application 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, Peter Ellis, MES Principal Planner Document Number: 3846480 Region of Waterloo October 07, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 •�a►�l�■:nl•�l PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development KA Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, ,Z] -�- Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(o-) Kitchener. ca 3 ,avid Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w �- Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion PLAN PLAN REVIEW REPORT: City of Kitchener Sarah Goldrup DATE: October 8, 2021 YOUR FILE: B 2021-055 & A 2021-118 GRCA FILE: B2021-055 & A2021-118 — 134 Woolwich Street RE: Application for Consent B2021-055 Application for Minor Variance A2021-118 134 Woolwich Street, City of Kitchener James and Sue Roberts GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above -noted consent or minor variance application. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the retained parcel contains a portion of the Provincially Significant Melitzer Creek Wetland Complex and the regulated allowance adjacent to the wetland. The severed and merged parcel also contains the regulated allowance adjacent to the wetland. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: The consent application proposes to sever part of 134 Woolwich Street and add the lands to 124 Woolwich Street for future infill development. A minor variance is also requested to allow a reduced parcel size for the retained lands. As no additional development is proposed on the retained parcel, GRCA staff do not anticipate impacts to the wetland as a result of the proposed applications. GRCA staff will review any future development on the severed parcel through subsequent processes. Due to the features noted above, portions of the subject lands are regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. \\grfs\files\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Severance\B2021- Pagel of 2 055 - 134 Woolwich Street\B2021-055 & A2021-118 - 134 Woolwich Street.docx Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Any future development within the regulated area on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. 3. Plan Review Fees: This application is considered a minor consent application and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $430.00. The applicant will be invoiced in the amount of $430.00 under separate cover. Should you have any questions or require further information, please do not hesitate to contact me at 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Encl. * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority cc: James & Sue Roberts (via email only) Andrea Sinclair, MHBC (via email only) Kate Wills, MHBC (via email only) \\grfs\files\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Severance\B2021- Page 2 of 2 055 - 134 Woolwich Street\B2021-055 & A2021-118 - 134 Woolwich Street.docx Z-< c N (6 n L m O Oit 0 00 _ U Q 0 C9 o Q d o YE- =Ea o °' o U� � syY o~�rE v�0 o� m N o ° m (7 t -= r a C fB O Q a C� o -2 Q C� �_ s -vo ��� cu _ E o E Q ° o -o 3 L 06 y .E a5 a5 U 0 a5 o Q Q U Q ° O C 0 w E Q m ;� > r 3 C� N LO J Q E d U o r �LNo ve5�`�a - C LO o 0 a5 0 m CD Qin Q in .( .( .a) .a) Q g Y ` _ = A O O m m m° .m Q a o> W LU w` w` w` N o d s � 2 Eo U m m m w w Q U) ° in O in o O w o o 2 a2 0 ti p Y Y Y Y v o n LU o f2 N ' J0 m^ v A0—m0LLw E M8 H 0 C o u o 00 jOQ SS vF vs Z U> Y \ t o ti. o 0 c 1' J �- �} ro A f a� � o f _0 T 0 a _ > � 1 U V v Q N N r � N _ �• 6. ro -{fin ��.,•\\ 'O �i �' b. vV `• N O F �l , • u tl. 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