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HomeMy WebLinkAboutDSD-2022-023 - B 2022-004, B 2022-005, B 2022-006 - 32 Burgetz Ave Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 18, 2022 SUBMITTED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: January 7, 2022 REPORT NO.: DSD-2022-023 SUBJECT: B2022-004, B2022-005 and B2022-006 (32 Burgetz Ave) RECOMMENDATION: That applications B2022-004, B2022-005 and B2022-006 for consent to sever the existing lot into four new lots for purposes of creating a lot for each unit in a semi-detached dwelling be approved subject to the following conditions: 1. d fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 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 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 4. That the Owner provide a Servicing Plan showing outlets to the municipal servicing severed and retained lands. 5. That the owner make financial arrangements to the satisfaction of the City's Director of Engineering Services, for the installation of all new service connections and the removal of redundant services to the severed lands and retained lands. 6. 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. for the retained lands. 7. That the Owner makes arrangements financial or otherwise for the relocation of any existing City-owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the owner make arrangements to the satisfaction of the City's Director of Engineering Services for the installation, to City standards, of boulevard landscaping, closure of the redundant driveway ramp on the retained lands and installation of a new driveway ramp on the severed lands. 9. That the Owner provides confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required 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, at the cost of the Owner. REPORT HIGHLIGHTS: The purpose of this report is to make a recommendation for the proposed request to create new lots by severing an existing parcel into four lots. There are no financial implications to the City. This report supports the delivery of core services BACKGROUND: The subject property is located Burgetz Ave. The proposed consent was previously considered and approved by the Committee of Adjustment in February 2020 (B2020-007, B2020-008 and B2020- 009) however the owner failed to fulfill conditions and the deed was not endorsed within the required timeframes, therefore the applicant has reapplied for the same consents. Minor variances were also approved in 2020 to reduce lot width and area for each of the proposed lots (A2020-015, A2020- 016, A2020-017 and A2020-018). The zoning of the lands continues to be Residential Four Zone, and the application is proposing the exact same lot sizes, and therefore variances remain valid and do not require further consideration. Reference plan 58R21091 was prepared and deposited with the registry office, and the subject application is based on this plan. The Owner also received approval of a Consent Application in May 2019 to sever a two-storey log house from the lands that are subject of this application. The 2019 consent was approved and the log house severed from the subject lands. The property is located in a low rise residential neighbourhood and Burgetz Avenue has been developed with semi-detached dwellings on both sides. The lands back onto a former Catholic elementary school site which is currently vacant and the school has been demolished. Residential Four Zone in Zoning By-law 85-1. City Planning staff conducted a site inspection of the property on January 5, 2022. Location Map:32 Burgetz Ave Image 1: Subject lands with previously severed and renovated log house (January 5, 2022) REPORT: Planning Comments: Proposed Consent The applicant is requesting consent to create three new lots and one retained lot for the purposes of constructing 2 semi-detached dwellings (4 units). The proposed lot sizes are as follows: Lot 1: having a width of 6.89 metres and an area of 201.7 square metres, Lot 2: having a width of 6.99 metres and an area of 202.4 square metres, Lot 3: having a width of 6.87 metres and an area of 197.0 square metres, Lot 4 (retained): having a width of 6.7 metres and an area of 207.8 square metres Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit-supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the proposed application will facilitate a form of gentle intensification of the subject property with the creations of lots and future semi-detached dwellings that are compatible with the surrounding community and will make use of the existing infrastructure. No new public roads are required for the proposed development. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a diverse range and mix of housing options and densities to meet projected needs of current and future residents, and at densities and in locations which support transit viability and active transportation. The su represents i targets. The severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area. The subject lands are designated Built-Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking-water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. Official Plan The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The Low Rise Residential land use designation permits a full range of low density housing types which may include single detached, duplex, semi-detached, street townhouse, and low-rise multiple dwellings. The Low Rise Residential land use designation encourages mixing and integrating different forms of housing to achieve and maintain a low-rise built form. The maximum net residential density for lands which are designated Low Rise Residential will be 30 units per hectare. The proposed severance maintains the intent of the low rise residential land use designation. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate d The proposed lot widths and lot areas were approved through previous minor variances, and planning staff continues to be 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 neighbourhood which is developed with semi-detached dwellings and the renovated log house. The lands front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed consent application. Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener Official Plan. Zoning By-law The subject property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The R-4 zone permits a range of low density dwelling types including semi-detached dwellings. Previous minor variance applications A2020-015, A2020-016, A2020-017 and A2020-018 were approved and permit the proposed lot sizes. Planning Conclusions With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, Official Plan and the configuration of the proposed lots will comply with the regulations of the Residential Four (R-4) zone, subject to the associated variances. The uses of both the severed and -law, subject to the approved minor variances. 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. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan tor the Greater Golden Horseshoe. The subject consent applications further subdivide lands previously considered by the Committee in May 2019 and February 2020. Many conditions of these previous consents have been fulfilled and are no longer required as part of this decision. The following have been completed: A reference place was approved and deposited (58R-21019) Minor Variance applications were approved. Cash-in-lieu contribution for park dedication of $11,635.70 has been paid. designation of the original log farmhouse, and the associated Heritage Impact Assessment was approved. Based on the foregoing, Planning staff recommends that Consent Applications B2022-004, B2022- 005, B2022-006 requesting consent to sever the subject property be approved subject to the conditions listed in the Recommendations section of this report. Heritage Planning Comments: The subject lands were part of a previous consent application in 2019 th which facilitated the severance of the subject lands from the lands containing an early 19 century log house. The log house has been retained in-situ on the adjacent property municipally addressed as 28 Burgetz Avenue and it is not anticipated that the subject application to sever the lands municipally addressed as 32 Burgetz Avenue into 4 lots will have impact on the log house. As such, there are no heritage planning concerns with the consent 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 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 Niall Melanson (niall.melanson@kitchener.ca). 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. Parks and Cemeteries Comments: Parkland Dedication paid as cash-in-lieu of land has been previously requested and received for the subject lands thorough Committee of Adjustment Application B2019-020 and no further Parkland Dedication is required. No City-owned street trees will be impacted by the proposed development. 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 construction of the new residential buildings. 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 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 application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: DSD-19-128 28 Burgetz Ave (Consent) DSD-20-030 28 Burgetz Ave (Variances and Consents) Peter Ellis 519-503-2536 D20-20/22 KIT January 7, 2022 Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2022-001, B2022-002, B2022- 003, and B2022-004 to B2022-006 Committee of Adjustment Hearing January 18, 2022 CITY OF KITCHENER B2022-001 26 Edgewood Drive A & F Greenfield Homes Ltd. The owner/applicant is proposing to sever the existing lot into two parcels for a newly constructed semi-detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. 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: 3912612 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. _____________________ B2022-002 670 Fairway Road South Mona Terra Holdings Corp / Design Plan Services Inc (c/o David Igelman) The owner/applicant is proposing to identify the existing building and parking area around the building for a lease beyond 21 years. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. 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. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. ___________________ B2022-003 74 Rutherford Drive Mirjana and Pero Perencevic / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels. Staff note that this application appears to be a resubmission of consent application B2021-054 from October 2021. Document Number: 3912612 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@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. __________________ B2022-004, B2022-005, and B2022-006 32 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing to sever the existing lot into 4 parcels for the creation of two semi-detached dwellings (4 units). Staff note that this is a resubmission of consent applications B2020-007, B2020-008, and B2020-009 (February 2020). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 for each consent application ($350.00 x 3 applications = $1,050.00) prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Document Number: 3912612 Archaeological Assessment (Advisory Comments): Regional Staff advise that the subject property possesses the potential for the recovery of archaeological resources. For this reason, the owner/applicant should be made aware that: If archaeological resources are discovered during the development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Tourism, Sport and Culture industries. 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 (Advisory Comments): Regional Staff advise 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@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 for each consent application. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. _______________ Document Number: 3912612 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: 3912612 January 6, 2022 Sarah Goldrup Via email Committee Administrator City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: Committee of Adjustment Meeting – January 18, 2022 ______________________________________________________________________ Applications for Minor Variance A 2022-001 85 Green Valley Drive A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place A 2022-003 53 Margaret Avenue A 2022-004 470 Blair Creek Drive A 2022-005 86 Chestnut Street A 2022-006 49 Lower Mercer Street A 2022-008 210 Waterloo Street A 2022-010 129 Max Becker Drive A 2022-011 43 Maurice Street Applications for Consent B 2022-001 26 Edgewood Drive B 2022-002 670 Fairway Road South B 2022-003 74 Rutherford Drive B 2022-004 to 006 32 Burgetz Avenue 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 at jconroy@grandriver.ca or 519-621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. 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.