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HomeMy WebLinkAboutCSD-18-080 - B 2018-016 - 3 Chapel Hill DrieJ Staff Report Community Services Department www.kitchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment April 17, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Andrew Pinnell, Planner — 519-741-2200 ext. 7668 4 April 9, 2018 CSD -18-080 Application No: B2018-016 Address: 3 Chapel Hill Drive Owner: Roy and Murielle Stewart Approve Subject to Conditions *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. RECOMMENDATION That Consent Application B2018-016 (Amended) requesting consent to: 1. create a new lot with an approximate lot width of 30.7 metres, a depth ranging between 34.9 and 40.9 metres, and an area of 1,206 square metres; and 2. create an easement for sanitary servicing over the severed lot in favour of the retained lot with an approximate width of 5.0 metres, a length of 21.0 metres, and an area of 105 square metres; be approved, subject to the following conditions: 1. 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(ies) to the satisfaction of the City's Revenue Division. 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 the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed lands. 5. 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, or otherwise receive relief from Engineering Services for this requirement. 6. That the owner prepare a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services, prior to endorsement of the deed for the severed lands. 7. That the owner complete and submit the Development and Reconstruction As - Recorded Tracking Form 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, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City's to Engineering Services, prior to endorsement of the deed for the severed lands. 8. That the owner submit a site plan drawing and elevation drawings illustrating that the proposed development will be compatible and in conformity with Sections 4.C.1.7. and 4.C.1.9. of the 2014 Official Plan, to the satisfaction of the Director of Planning. Additionally, the owner shall obtain a building permit from the City's Building Division and the above mentioned drawings shall be implemented through the building permit process, to the satisfaction of the City's Planning Division and Building Division. 9. That the owner submit a parking plan to the satisfaction of the City's Planning Division and Transportation Services showing a functional driveway and a minimum of 1 functional parking space, for the retained lot. Furthermore, the driveway and parking space(s) shall be functional to the satisfaction of the City's Transportation Services Division and shall comply with the Zoning By-law. The owner shall implement said plan to the satisfaction of the City's Planning Division. 10. That the owner make financial arrangements, to the satisfaction of the City's Director of Engineering Services, for 100 percent of the cost of a municipal sidewalk on Caryndale Drive, along the full width the severed lot. 11. 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 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. 12. That the owner shall fulfill the following conditions related to the creation of a sanitary sewer easement over the severed lot in favour of the retained lot: a. That the Transfer Easement document(s) required to create the Easement being approved herein shall include the following, and shall be approved by the City Solicitor, in consultation with the City's Director of Planning and Director of Engineering Services: L a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and ii. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. b. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. REPORT Planning Comments: The subject property is located at the southeast corner of Caryndale Drive and Chapel Hill Drive, in the Doon South Planning Community. The area is composed of mainly single detached dwellings. Brigadoon Public School is located directly across Caryndale Drive from the subject property. The subject property is designated Low Rise Residential in the 2014 Official Plan and is zoned Residential Two (R-2) in the Zoning By-law. Planning staff visited the site on March 15, 2018. This item was scheduled to be heard at the March 20, 2018 Committee of Adjustment meeting. At that time, Engineering Services advised that the easement should be wholly located on the severed lot and that it could not support the easement, as proposed, because it was located partly on the City's Caryndale Drive right-of-way. Accordingly, prior to that meeting, the applicant requested deferral to the subject in order to allow time to amend the requested sanitary easement. Consequently, the Committee deferred the application in order to provide time for the applicant to amend the easement request. Since that time, the applicant has amended the application in accordance with Engineering Services' comments. Through the amended application, the applicant is requesting the following: 1. Consent to create a new lot. The severed lot would contain the future single detached dwelling and have an approximate width of 30.7 metres along Caryndale Drive, a depth ranging between 34.9 metres and 40.9 metres, and an area of 1,206 square metres. The retained lot would contain an existing single detached dwelling and have an approximate width of 25.0 metres along Chapel Hill Drive, a depth ranging between 40.9 metres and 45.7 metres, and an area of 1,094 square metres. 2. Consent to create an easement for sanitary servicing over the severed lot in favour of the retained lot. The easement would have an approximate width of 5.0 metres, a length of 21.0 metres, and an area of 105 square metres. The sanitary service would be located approximately in the middle of the easement and extend from the sanitary sewer within Caryndale Drive, through the severed lot, to the retained lot. 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 lot and retained lot conform to the City's Official Plan, the dimensions and shapes of the proposed lot are appropriate and suitable for the existing and proposed use of the lands, the proposed lot fronts onto an established public street, and the new lot will be serviced with adequate municipal service connections. The resultant lots will be compatible in size with the lots in the surrounding area. Additionally, no minor variances are necessary to facilitate the requested severance. Planning staff recommends that conditions be imposed to ensure that the proposed single detached dwelling on the proposed lot has an appropriate design, that funds are collected for parkland dedication and a future sidewalk on Caryndale Drive, and that a plan is approved and implemented for a revised driveway and parking space on the retained lot (note that the existing parking area on the retained lands does not comply with the Zoning By-law because it is not set back a minimum of 6.0 metres from the Chapel Hill property line). A condition related to tree preservation is also recommended for both the severed and retained lots. In addition, the request to create a sanitary easement is reasonable and supported by Engineering Services. It will allow the retained lot to be serviced with municipal services. Based on the foregoing, Planning staff recommends that the subject application be approved, subject to the conditions outlined in the Recommendation section of this report. Heritage Planning: 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 is advised that the property municipally addressed as 3 Chapel Hill Drive is located within the Caryndale Cultural Heritage Landscape. 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 and Policy Planner for more information. Environmental Planning: The standard condition will be required for the owner 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. Building Division 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 severed lot — a building permit will be required for this work. Separate building permit(s) will also be required for construction of new unit. Engineering Services 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 sump pump should be connected to a service lateral going to the municipal storm sewer. If this is not possible, the City would consider a form of infiltration gallery in the rear yard. • The owner is required to make satisfactory financial arrangements with the Engineering Services Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate a water municipal service is currently available to service this property. Any further enquiries in this regard should be directed to Natasha Prepas-Strobeck (519-741-2200 ext. 7136). • Any new driveways are to be built to City of Kitchener standards. All work are 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 Services Division prior to severance approval. The sanitary service being installed for the retained property will be a private service with easement through the severed property. The City of Kitchener will not be party to this easement. Also the easement should be shown wholly on private property. Based on the proposed depth of the future sanitary sewer between the pump and MH.A, the proposed easement 5.Om easement width is acceptable. • 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 Services 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. Transportation Services Comments: Transportation Services have no concerns with the proposed application subject to the following condition: Future sidewalks are required on Caryndale Drive only along the frontage of the severed portion of lands. The applicant should pay the equivalent fee of the required sidewalks. Operations Comments: A cash -in -lieu of parkland dedication will be required on the severed parcel as a new development lot will be created. The cash -in -lieu dedication required is $14,140.40 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (30.74m) at a land value of $9,200 per frontage meter. GRCA Comments: No concerns. Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP Planner Senior Planner Attach: Drawings submitted with Consent Application form Attachment: Drawings submitted with Consent Application form SEVERANCE SKETCH OF RP oPRn LOT 5 REGISTERED PLAN 1123 CITY OF KITCHENER REGIONAL MUNICIPALITY OF WATERLOO " 1lNJ� SCALE , zso MACDONALD TAMBLYN LORD SURVEYING METRIC CAN BE CONVERTED CES SHOW TO FEETBYBN DIVVIING BIN Y METRES048D KEY PLAN (NOT TO SCALE) — CHAPEL. HILL DRIVE EOCE OF ASPHALT } ASPHALT DRIVEWAY u °EcP.�1 r k HE � ORTION TO BE RETAIN AREA; N =,1776 .IL 4.61 N I STOREY 8R1CK H (NTS) (NTS) N WrTM REAR WAlKOUTP � +w' ZONE "R2` 2390 (RESIDENTIAL) o "EN DE, ^Icy n SHED N75-2:'Ib LOT 6 D N • w. , r 'f LOT 5 z F7 4' 1226 5 5,51 C � {RED P 112.E ORTION TO BE SEVERE • 7 ZONE AREA=48112045� .m � RESIDENTIAL) =12 . • 5 PROPOSED BUILDING 5.51 w ZONE m ✓i { ESDENTIAL) '^ 6.35 fi,71 � "B•SO 55 f pp CHAIN uNK :ENGE (RESDENTIAL) LOT8 HIEHN'S TRACT LEGEND NTS DENOTES NOT TO SCALE �J BsR s E CARYNDALE DRIVE S — n O � P {'::� x �' 4 � � �j4 •3�� qH �AXQ R ��s q D 0�9R j Z D 2 o= O mgo _ ZJ n N - bM 0 Region of Waterloo File No. D20-20/18 KIT April 6, 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 N213 4A Canada Telephone:519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2018-016, B2018-024 to B2018-025, B2018-028 to B2018-030 Committee of Adjustment Hearing April 17, 2018 CITY OF KI TCHENER B 2018-016 3 Chapel Hill Roy and Murielle Stewart The purpose of this application is to create a new lot for residential development. The application was amended slightly in regards to the easement and location. No changes were made with the severance to this amended application. The Region's previous comments regarding B2016-016 still apply. 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. Document Number: 2693646 Corridor Planning Noise The subject lands will be impacted by transportation noise from Caryndale Drive. The applicant is required to enter into a registered development agreement with the City of Kitchener 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: "Purchasers / tenants are advised that sound levels due to increasing road traffic on Caryndale Drive 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 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 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: i. "Purchasers / tenants are advised that sound levels due to increasing road traffic on Caryndale Drive may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed Document Number: 2693646 the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." ii. "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." B 2018-024 259, 275 and 335 Gage Avenue Twin City Dry Storage Ltd. The purpose of this application is to sever 335 Gage Avenue from 259-275 Gage Avenue. The parcels will contain existing buildings and no changes to existing industrial uses are proposed. 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. 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. B 2018-025 50 Brookside Crescent Michael Krause 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. Document Number: 2693646 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. B 2018-028 Rockcliffe Drive (future #119-127) Primelands Developments (2003) Limited The purpose of the application is to create new lots from existing blocks created as part of the registration of Stage 4b within the Huron Woods subdivision. Regional staff has no objection to the application. B 2018-029 Rockcliffe Drive (future #123-127) Primelands Developments (2003) Limited The purpose of the application is to create new lots from existing blocks created as part of the registration of Stage 4b within the Huron Woods subdivision. Regional staff has no objection to the application. B 2018-030 151 Fifth Avenue Vladan Knezevic The purpose of the application is to create a new lot for future 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. Water Services: 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 327.8mASL 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. Document Number: 2693646 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. 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, Matthew Colley Principal Planner Document Number: 2693646 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: April 5, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@g randriver. ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-024(amended) 2 Crossbridge Avenue A 2018-030 397 Greenfield Avenue A 2018-033 14 Ellen Street West A 2018-034 731 Huron Road A 2018-035 47 Floyd Street A 2018-036 810 Frederick Street A 2018-037 396 Victoria Street South A 2018-038 105 Brubacher Street A 2018-039 Rockcliffe Drive (future #123) A 2018-040 Rockcliffe Drive (future #127) A 2018-041 151 Fifth Avenue A 2018-042 151 Fifth Avenue Applications for Consent: B 2018-016(amended) 3 Chapel Hill Drive B 2018-024 259, 275 & 335 Gage Avenue B 2018-025 50 Brookside Crescent B 2018-028 Rockcliffe Drive (future #119-127) B 2018-029 Rockcliffe Drive (future #123 & 127) B 2018-030 151 Fifth 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, Trisha Hughes Resource Planner Grand River Conservation Authority TH/dp *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of ] Grand River Conservation Authority.