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HomeMy WebLinkAboutCSD-18-014 - B 2018-004 - 6 Pequegnat Ave�, Staff Report ITc� [�.R Community Services Department wm kitchenerca 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: Brian Bateman, Senior Planner - 519-741-2200 ext. 7869 WARD: 10 DATE OF REPORT: January 8, 2018 REPORT # CSD -18-014 SUBJECT: B2018-004 - 6 Pequegnat Avenue Applicant - CPM Construction Management Inc. Approve with Conditions Location Map: 6 Pequegnat Avenue RECOMMENDATION That Application B2018-004 requesting consent to sever the subject property into two lots to redevelop the severed and retained lands with new purpose built single detached dwellings, be approved, subject to the following conditions: 1. That the Owner obtains Demolition Control approval to the satisfaction of the Director of Planning. 2. That the Owner obtains a Demolition Permit to the satisfaction of the Chief Building Official. 3. 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. 4. 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 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 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 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. 5. 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 prior to any grading or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks, fencing and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved including city trees #177490 (95cm Sugar Maple) and #171541 (46cm Norway Maple) located within the Pequegnat Ave. and Mansion St. ROW. b) Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. 6. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $7,815.40. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value. 7. 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 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. 8. That the Owner make 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. 9. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 10. 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. 11. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 12. 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. 13. 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 will be 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, all at the Owner's expense, to the satisfaction of the Director of Engineering Services. 14. That the Owner obtains a building permit for the construction of single detached dwellings to the satisfaction of the Chief Building Official. REPORT Planning Comments: The subject property is designated Low Rise Conservation -A in the City's Central Frederick Secondary Plan and zoned Residential Five Zone (R-5) in Zoning By-law 85-1 with Special Use Provision 129U, which prohibits 3 -unit multiple dwellings. The subject parcel of land is described as a corner lot property, irregularly shaped with 19.4 metres of frontage onto Pequegnat Avenue and 38.7 metres of frontage onto Mansion Street for an area of 789 square metres. City records indicate the lands are currently developed with an existing duplex, which has fallen into disrepair. The surrounding neighbourhood contains a mix of low rise residential land uses, predominantly in the form of single detached dwellings and some duplex dwellings. Staff had undertaken a site visit in May 2017 and more recently in December 2017. In May of 2017, the Committee heard applications (B2017-010 & A2017-047/48) to sever the subject lands with the intent to construct duplex dwellings on both the severed and retained lots. Minor variances were also required to implement the dwelling location plans on the subject lots. The applications were refused by the Committee. The owner has submitted a new consent application proposing changes from the original submission in order to address concerns expressed by neighbouring property owners and the Committee. The new proposal is to sever a residential lot with 16.9 metres of frontage onto Mansion Street, and due to the irregular shape of the existing lot, the depth varies from 12 metres to 21 metres and has 307 square metres of lot area. The retained lot will maintain its current street frontage onto Pequegnat Avenue and will have 21.77 metres of flanking street frontage onto Mansion Street and a lot area of 395 square metres. Single detached dwellings are being proposed on each lot and variances are not required to implement the proposed single detached dwelling building plans. The current dwelling and detached structure on the subject lands are proposed to be demolished. Figure 1 - Existing Dwelling (photo taken in May 2017) Figure 2 - Location of Proposed Severed Lot Consent Application — B2018 -004 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, the uses of both the severed and retained parcels are in conformity with the Provincial Policy Statement (2014) and the City's Official Plan and comply with Zoning By-law 85-1. In addition, both lots exceed the minimum lot width and lot area regulations of the R-5 zone and each lot can be serviced municipally with independent service connections. The proposed severance represents infill intensification which conforms to the Provincial Policy Statement (2014) and the City's Official Plan (2014) and the configuration of the lots is considered appropriate for the use of the lands. In addition, the proposed lotting fabric is consistent with the context of the neighbourhood. Lot sizes and fabric observed within the vicinity of the subject lands identified in the Figure 3 below, indicate that there a number of existing lots located along Mansion Street, Chestnut Street, and Gordon Avenue of similar size to the lots being proposed. Moreover, the owner has demonstrated that each lot can be developed with single detached dwellings in compliance with the R-5 zoning regulations. Figure 3 - Existing Lotting Fabric Based on the foregoing, Planning staff recommends that this application be approved, subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent provide the demolition permit for 6 Pequegnat 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 single detached dwellings. Heritage Comments: Heritage Planning staff has no concerns with the application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the property municipally addressed as 6 Pequegnat Avenue is advised that the property is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific conservation options. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. Note that the subject property is located within the Central Fredrick Secondary Plan. The City will be commencing a secondary plan review in 2018. The land use and zoning of the property is subject to change. For more information, please contact Michelle Drake, Senior Heritage & Policy Planner, by phone (519-741-2200 ext. 7839) or by email(michelle.drake(u-)kitchener.ca). 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 issuance is required. A condition related to the protection of street trees is required. 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 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 $7,815.40. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (16.99m) at a land value of $9,200 per frontage metre. The applicant is required to protect city trees #177490 (95cm Sugar Maple) and #171541 (46cm Norway Maple) located in the Pequegnat Ave and Mansion St right-of-ways. Protection shall be in accordance with the City's Tree By-law 87-293, Chapter 690 Articles 4 and 7. The applicant is further required to implement the City's standard tree protection requirements to the satisfaction of the Director of Operations, in accordance with the City's Development Manual. Brian Bateman, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Senior Planner 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.