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HomeMy WebLinkAboutCSD-18-041 - B 2018-010 - B 2018-011 - 155-163 Rockcliffe Dr,- 4, Staff Report I TC�IENEK Community Services Department www1itchenerra 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: Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 WARD: 5 DATE OF REPORT: February 9, 2018 REPORT #: CSD -18-041 SUBJECT: APPLICATION #: B2018-010, B2018-011 155-163 Rockcliffe Drive Applicant: MHBC Planning Consultants Approve with conditions r $4 I 4 ,. gg __ ; Lo 153 84, - - -t �- '107103 4104+''f 08•�= 108 � y i r / �.-''I7p103 _ - 112 74 `y .1 t �t I 116 LE i 50 52-. 120! �I 54— _~Y ; 124_ 56� 58_ S-' 128 131 _ 60. _ 62. 64 1364'. Y ~135 61 J L-6 140 i TR J 148 _ g 147 44 C 78"- 160s- �I 7182� L ' 164 X172 `v` ff 176•r tr 180 184ir• r'- a Location Map: 155-163 Rockcliffe Drive RECOMMENDATION That applications B2018-010 and B2018-011 requesting consent to sever the subject property into three lots, be approved subject to the following conditions: 1. That the owner makes satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 152 153 84, 70 _ - Subject Propertji 74 `y .1 78"- 160s- �I 7182� L ' 164 X172 `v` ff 176•r tr 180 184ir• r'- a Location Map: 155-163 Rockcliffe Drive RECOMMENDATION That applications B2018-010 and B2018-011 requesting consent to sever the subject property into three lots, be approved subject to the following conditions: 1. That the owner makes satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. 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. 3. That, prior to final approval, the applicant submits the Consent Application Review Fee of $700.00 to the Region of Waterloo. Proposed lot fabric REPORT The subject property is designated as Low Rise Residential in the 2014 Official Plan and zoned Residential Four Zone (R-4) with Special Regulation 341 R in the Zoning By-law. The lands are currently vacant and were recently registered through the subdivision registration of 30T-98201, stage 4B. The existing development of the neighbourhood consists of a mix of single detached dwellings, street fronting townhouse dwellings and vacant lots that will consist of single detached dwellings. The owner is requesting permission to sever the subject lands with the intent to develop the lands with single detached dwellings. The first severed lot (parcel 1) would have a lot width of 14.12 metres, a depth of 36.0 metres, and an area 419 square metres. The second severed lot (parcel 2) would have a lot width of 17.91 metres, a depth of 33.6 metres, and an area of 451 square metres. The retained lot would have a lot width of 14.22 metres, a depth of 35.99 metres, and an area of 425 square metres. 2 S6.000 is` Led 21 z � ITirr - r „ra r7 s i�laanetil jam` � �. Y J, ' 425m` „- � pAPT �r&r cn I= 215 d 1 Lap)" 1 tell S@4ered 011J41 r 9Ffi' 5� Y L4rnds lo be k savared 02) 459 m'10 Proposed lot fabric REPORT The subject property is designated as Low Rise Residential in the 2014 Official Plan and zoned Residential Four Zone (R-4) with Special Regulation 341 R in the Zoning By-law. The lands are currently vacant and were recently registered through the subdivision registration of 30T-98201, stage 4B. The existing development of the neighbourhood consists of a mix of single detached dwellings, street fronting townhouse dwellings and vacant lots that will consist of single detached dwellings. The owner is requesting permission to sever the subject lands with the intent to develop the lands with single detached dwellings. The first severed lot (parcel 1) would have a lot width of 14.12 metres, a depth of 36.0 metres, and an area 419 square metres. The second severed lot (parcel 2) would have a lot width of 17.91 metres, a depth of 33.6 metres, and an area of 451 square metres. The retained lot would have a lot width of 14.22 metres, a depth of 35.99 metres, and an area of 425 square metres. 2 City Planning staff conducted a site inspection of the property on January 26, 2018. Existing vacant lands at 155-163 Rockcliffe Drive. Planning Comments: 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 City's Official Plan and meet the intent of Zoning By-law 85-1. Planning staff is of the opinion that the proposal conforms with the regulations of the Residential Four Zone (R-4) and Special Regulation Provision 341 R. The proposed severances conform to the City's 2014 Official Plan and the configuration of the proposed lots can be considered appropriate for the use of the lands. The proposed lots conform to policy 17.E.20.5 of the 2014 Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Consent Applications B 2018-010 and B2018-011 requesting consent to sever the subject property into three lots, be approved, subject to the conditions listed in the Recommendation section of this report. 3 Engineering Comments: These lots were incorporated into the Civil design of Huron Woods 30T-98201, stage 4B. The services are already designed and the drawings have been approved (shown on Dwg. C-202). Engineering has no concerns. Environmental Planning Comments: No concerns. 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. Transportation Comments: Transportation Services has no concerns with the proposed application. Craig Dumart, BES Junior Planner Juliane von Westerholt BES, 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.