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HomeMy WebLinkAboutCSD-18-012 - B 2018-002 - 67 Second AveJ Staff Report KITCH��r,R Community Services Department www.kifchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner — 519-741-2200 ext. 7157 PREPARED BY: Catherine Lowery, Junior Planner — 519-741-2200 ext. 7071 WARD: 3 DATE OF REPORT: January 8, 2018 REPORT #: CSD -18-012 SUBJECT: Application B2018-002 — 67 Second Avenue Applicant — Vladan Knezevic Approve with Conditions ss o V bb n 53 57 7 Location Map: 67 Second Avenue RECOMMENDATION That Application B2018-002 proposing to sever a lot with a width of 10.058 metres, a depth of 40.234 metres, and a lot area of 404 square metres: 1. That the Owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. well as one full size paper copy 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 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 shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City's Director of Planning. 4. That a site plan showing the location of the proposed dwellings on both the severed and retained lots, along with elevation drawings, be submitted to the satisfaction of the Director of Planning, illustrating that the proposed dwellings will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to the issuance of any building permit. 5. That a Demolition Control Application be approved for the removal of the existing dwelling. 6. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of all new service connections and the removal of redundant services to 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 provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 9. That any new driveways 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. 10. 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 numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 11. That the Owner provides Engineering staff with 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. 12. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $4,626.68. Park Dedication is calculated at the residential rate of 5%, for the severed lands only, with a land valuation calculated by the lineal frontage (10.058 metres) and a land value of $9,200 per metre of frontage. 13. 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 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 Operations. REPORT Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan and zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The Applicant is proposing to sever the existing property into two separate lots that will have frontage onto Second Avenue. The existing dwelling is proposed to be demolished and a new duplex dwelling is proposed for each lot. The existing property has a lot width of 20.117 metres and a depth of 40.234 metres and an area of 808 square metres. The Applicant is proposing to sever the lot in half to create two equal sized lots with a width of 10.058 metres and an area of 404 square metres. The proposed lot sizes comply with the Zoning By-law. The subject application has been considered under the policies of the City's 2014 Official Plan. Where policies are under appeal and there is a direct co -relation to policies of the 1994 Official Plan, staff refers to the former policies. The Low Rise Residential designation supports a full range of low density housing types including duplex dwellings. Policies also require that infill development complement existing buildings and contribute to neighbourhood character. Planning Staff recommend conditions requiring a site plan as well as building elevations to ensure that the proposed dwellings are compatible with and sympathetic to the setbacks, building height, design, character, and streetscape of the surrounding community. In reviewing the site plan and building elevations staff will have regard for the direction and recommendations of the Residential Intensification in Established Neighbourhoods Study, as approved by City Council. 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 orderly development that is compatible with the existing community. The severed and retained lots comply with the regulations of the Residential Four (R-4) zone. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and both parcels of land can be serviced with independent and adequate service connections to municipal services. 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 December 11, 2017. i Subject Property: 67 Second Avenue Based on the foregoing, Planning staff recommends that Consent Application B2018-002 requesting permission to sever the existing property into two equal sized lots be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent provide the demolition permit for 67 Second Ave is obtained. 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. Separate building permit(s) will also be required for the construction of the new duplex dwellings. Transportation 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 ones 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 (519-741-2200 ext. 7133). • Any new driveways are to be built to City of Kitchener standards. All works is 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 and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. • As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along 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 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 a new development lot will be created. The cash -in -lieu dedication required is $4,626.68. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (10.058m) at a land value of $9,200 per frontage metre. Heritage Comments: No heritage planning concerns. Environmental Planning Comments: Standard condition to enter into an agreement registered on title OF BOTH THE SEVERED AND RETAINED LANDS requiring a Tree Preservation / Enhancement Plan be submitted and approved before a building permit will be issued. (Environmental Planning notes that an Arborist Report has been submitted. It has been reviewed but not approved). Catherine Lowery, BES Junior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo MraOrem 11113100071R3601111rr January 8, 2018 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 4,13 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwate rl oo.ca Carolyn Crozier 575-4757 ext. 3657 Re: Comments for Consent Applications B2018-001 to B2018-004 Committee of Adjustment Hearing January 16, 2018 CITY OF KITCHENER B 2018-001 301 Westmount Road West 2054908 Ontario Inc. and Victoria-Vicmount Inc. The purpose of the application is to grant easements for stormwater and sanitary service and parking and access purposes. Regional staff have no objection to the application. B 2018-002 67 Second Avenue Vlad Knezevic The purpose of the application is to create a new lot for residential development. Community Planning Fee The applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. 1888113 1 of Water Services The applicant is advised that 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 327.8 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 2018. Corridor Planning Noise The severed and retained residential lots will be impacted from road noise from traffic on Conestoga Parkway (Highway 7/8). The applicant is required to enter into a registered agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: For the severed lands: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase and sale and/or any rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Environment and Climate Change (MOECC)". For the retained lands: c) The following noise warning clause will be included in all offers of purchase and sale and/or any rental agreements: 1888113 2 of 4 "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). Regional staff has no objection to the application subject to the following conditions of approval for the consent: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant enter into a Registered Development Agreement with the City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: For the severed lands: The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. Purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Environment and Climate Change (MOECC)". For the retained lands: "Purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). 1888113 3 of 4 B 2018-003 268 Woolwich Street Brian Holtze and Tanya Yantz The purpose of the application to grant an easement for stormwater overflow. Regional staff have no objection to the application. B 2018-004 6 Pequegnat Avenue CPM Construction Management Inc. The purpose of the application is to create a new lot for residential development. Community Planning Fee The applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Regional staff has no objection to the application subject to the following conditions of approval for the consent: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application 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 14-046 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, L OvVv�r Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 4 of 4 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat Avenue GRCA COMMENT*: 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. Sincerely, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/dp *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Holly Dyson From: Mustafa, Shevan <SMustafa@kwhydro.ca> Sent: 21 December, 2017 4:21 PM To: Holly Dyson Subject: Committee of Adjustment Hello Holly, "The Applicant/Authorized Agent should be aware that KWHI has overhead distribution lines below applications to ensure compliance with all applicable standards and regulations, a minimum horizontal distance (setback) of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole". • SG 2018-001 • B 2018-001 • B 2018-002 • B 2018-003 • B 2018-004 Note The values takes into consideration: • The maximum distance a KWHI typical powerline may swing (1.5m) during windy condition. • 3.Om minimum working distance per OSHA • Framing on 7'-6" cross -arm. Outer wire is attached approximately 3'-6" (-1 m) from centre of pole. • If pole line is framed using 9'-6" cross -arm, the distance from centre of pole should be adjusted accordingly. That is, 6.Om from centre line of pole. Regards, Shevan Mustafa Shevan Mustafa, P.Eng Distribution Engineer Kitchener -Wilmot Hydro Inc. 301 Victoria St. South Kitchener, ON N2G 4L2 Phone: (519) 745-4771 EXT. 6399 Fax: (519) 745-0643 Email: smustafa@kwhydro.ca This email has been scanned CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system.