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HomeMy WebLinkAboutCSD-18-039 - B 2018-005 - 94 Morgan AveJ Staff Report KITCH��r,R Community Services Department www.kifchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 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: 2 DATE OF REPORT: February 12, 2018 REPORT #: CSD -18-039 SUBJECT: Application B2018-005 — 94 Morgan Ave Applicant — Elzbieta & Jerzy Kolosa Approve with Conditions 95 i� '99 x' 105 109 Location Map: 94 Morgan Avenue RECOMMENDATION Subject Lands Iko ALF 2 That Application B2018-005 proposing to sever a lot with a width of 9.144 metres, a depth of 32.6 metres, and a lot area of 298 square metres, be approved subject to the following conditions: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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 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 be submitted to 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 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. 6. 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. 7. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. 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. 9. 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. 10. 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 force main to the property line and have a gravity sewer from the property line to the street, at the cost of the Owner. 11. 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 $4,206.24. Park Dedication is calculated at the residential rate of 5%, for the severed lands only, with a land valuation calculated by the lineal frontage (9.114 metres) and a land value of $9,200 per metre of frontage. 12. 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. Any alterations 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. 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 Morgan Avenue. The existing 1.5 -storey dwelling is proposed to be demolished. The existing property has a lot width of 18.288 metres, a depth of 32.614 metres, and an area of 596 square metres. The Applicant is proposing to sever the lot in half to create two equal sized lots with a width of 9.144 metres and an area of 298 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. Policies also require that infill development complement existing buildings and contribute to neighbourhood character. Planning Staff recommends 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. 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 February 1, 2018. Based on the foregoing, Planning staff recommends that Consent Application B2018-005 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. 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 each individual lot — a building permit will be required for this work. 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. If the buildings have basements and a sump pump is required, a storm outlet will be required also. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate municipal water and sanitary services are currently available to service this property. Storm services are not available at this time. Any further enquiries in this regard should be directed to Katie Pietrzak (519-741-2200 ext. 7135). • Any new driveways are to be built to City of Kitchener standards at grade with the existing sidewalk. 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 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 house 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. • In accordance with Section 53 of the Ontario Water Resources Act, a certificate of approval for sewage works will be required by the Ministry of Environment and Climate Control for the extension of the municipal storm sewer to the satisfaction of the Director of Engineering prior to site plan approval. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Operations Division 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 $4,206.24. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (9.144m) at a land value of $9,200 per frontage meter. Heritage Comments: No heritage planning concerns. Environmental Planning Comments: Require 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. Catherine Lowery, BES Junior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo Mla0rem 1111381iWell Rl1:411 February 12, 2018 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: B 2018-005 94 Morgan Avenue Elzbieta & Jerzy Kolosa PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U3 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 Comments for Consent Applications B2018-005 to B2018-015 Committee of Adjustment Hearing February 20, 2018 CITY OF KITCHENER The purpose of the application is to create a new lot for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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. Corridor Planning Noise The subject lands will be impacted by transportation noise from Fairway Road North (RR#3) and rail noise from CP Railway. The applicant is required to enter into a registered development agreement with the Region of Waterloo to provide a forced air - ducted heating system suitably sized and designed to permit the future installation of central air conditioning, as well as include the following noise warning clauses in all Agreements of Purchase and Sale and/or Rental Agreements for the severed lot: 1888113 1 of 4 "Purchasers / tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from the CN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." Regional staff has no objection to the application subject to the following condition 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 the applicant enter into a Registered Development Agreement with the Region of Waterloo 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 lot: A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the severed lot: "Purchasers / tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from theCN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." 1888113 2 of 4 B 2018-006 to B2018-009 883 Doon Village Road Bob and Alison Lefrance The purpose of the application is to create four new lots for residential development. Community Planning Cultural Heritage The subject lands contain a designated (OHA Part IV) structure. As identified in the pre -submission process, an Archeological Assessment is required due to the designated structure. As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the entire property, and any adverse impacts to significant archaeological resources found shall be mitigated, through preservation or resource removal and documentation, at the expense of the owner. The applicant must submit the archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. The completed Archaeological Assessment and Ministry Acknowledgement will be required prior to final approval of the Consent Application. Details and questions about the Archeological Assessment can be directed to: Kate Hagerman, Specialist, Cultural Heritage, at 519-575-4757 ext. 4094, or at KHagerman(a)regionofwaterloo.ca. Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received January 31, 2018. Corridor Planning Noise Staff have reviewed the report entitled "Acoustical Impact Assessment" prepared by Walterfedy, dated January 5, 2018 and generally concur with the findings of the report. 1888113 3 of 4 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 severed lots numbered 1 and 2: b) The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. c) The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1) Purchasers / tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2) Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3) This dwelling unit 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 Ministry of the Environmental and Climate Change. 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 will submit an archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 3) 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 severed lots 1 and 2: 1888113 4 of 4 A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1. Purchasers / tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2. Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3. This dwelling unit 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 Ministry of the Environmental and Climate Change. B2018-010 to B2018-011 and B2018-012 Block 28 and Block 29 Rockcliffe Drive Primeland Developments (2003) Limited The purpose of the 3 applications is to create a total of 5 lots (severed and retained) on the 2 Blocks subject to the applications. All lots will have frontage on Rockcliffe Drive. The Region's concerns with respect to the subject lands were addressed as part of the plan of subdivision application 30T-98201 (Stage 413, Blocks 28 and 29, registered as 58M-607), and secured through an agreement with the Region (WR794499 December 11, 2013). Community Planning Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received February 2, 2018. 1888113 5 of 4 Regional staff has no objection to the applications. B 2018-013 647 Victoria Street South Silicon North Real Estate Inc. The purpose of the application is to reestablish legal lot lines as this property has merged on title with the adjacent property at 659 Victoria Street South. Regional staff have no objection to the application. B 2018-014 and B 2018-015 185 Forfar Avenue Martea Developments The purpose of the application is to create two new lots for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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, for a total fee of $700.00. Corridor Planning Noise It is the responsibility of the applicant to ensure the development is not adversely affected by the impacts of transportation noise from Victoria Street North (RR #55); rail noise from the CN Railway mainline (including the rail yard) north of Victoria Street, and stationary noise from adjacent businesses, including Kitchener Auto Wreckers and Denomme Automotive. In this regard the applicant must prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with 2 hard copies and an electronic copy of the noise study to the Region of Waterloo. A $250 fee for the preparation of traffic forecasts for Regional roads and review of Environmental Noise Studies would be required. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: 1888113 6 of 4 http://www.regionofwaterloo.ca/en/doingBusiness/resources/Noise Assessment Applicati on Fee Form.pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. The Environmental Noise Study will be required as a condition of this consent. Additionally, the applicant, if necessary based on the findings and recommendations of the study will be required to enter into an agreement with the Region of Waterloo to implement the recommendations of the study. 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 per lot created for a total of $700.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study, for both stationary and road noise, to the Region of Waterloo, and, if necessary, based on the findings of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the study. 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, Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 7 of 4 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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.