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HomeMy WebLinkAboutCSD-18-084 - B 2018-028, B 2018-029, A 2018-039 & A 2018-040 - Rockcliffe Drive1 Staff Rep ort KITCHENER. CammunityServi(esDepartment wwwkitchenerw REPORT TO: Committee of Adjustment DATE OF MEETING: April 17, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner - 519-741-2200 ext. 7987 WARD: 5 DATE OF REPORT: April 10, 2018 REPORT #: CSD -18-084 SUBJECT: APPLICATION #: B2018-028, B2018-029, A2018-039 & A2018-040 119-127 Rockcliffe Drive Applicant: MHBC Planning Consultants Approve with conditions 108 — 112 Subject lanids W 124 103 107 111 7�, 115 50 5i2 54 -Ma! t 's= _f ��a—Y—ls�l`�'�'�.�~'}~"— �_ =X~�•,I . 60128 2 11 6 132 6 136 13 140 144 '148 147 152 l 5, Location Map: 119-127 Rockcliffe Drive ti) 444' 8 4846ti a.5 65� 7- %i4 70 y+y — 7 72 %74 5 X76 = 78 8 0 RECOMMENDATIONS: A. That applications A2018-039 and A2018-040 requesting relief from Special Regulation Provision 341R of the Zoning By-law to permit lot widths of 10.97 metres (A2018-039) and 10.97 metres (A2018-040) be approved. B. That applications B2018-028 and B2018-029 requesting consent to sever the subject property into three lots, be approved subject to the following conditions: 1. That Minor Variance Applications A2018-016 and A2018-017 receive full and final approval; 2. 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. 3. 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. <e j 0 1 Com. 1'�-, Qr '004,ar o Ec Former ErAIL • -i urning Circle ►w89* � 0£ R-1no.00o '��. A=8.636 J S C -B. 634t N7'42'30"w tO R- 00 a ! rrds 44 s' be re#wined [� .3 $ �RESERVE Amnabo .,� CK 101 C— .601 PA M-568 N8156 "w 22722-1995 (Lr c, R$ Lands to be A-29.27 N severed C-24.8 N66'05' OW - Z K 3 4 �• n g Lands to � C r �; EM Severed (#2 WRB.574 N7 0¢, "395rn2 } 0?N'RB577 40 EGo_ 36 00 PART 2 5£M'FN _'WR85747 LN77-04 �� `40 "�= r`+ WRg57�7� Proposed lot fabric 2 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 subject lands consist of a lotless block, together with a portion of a closed temporary turning circle and have been consolidated into one development parcel. The neighbourhood consists of a mix of single detached dwellings and street fronting townhouse dwellings. The owner is requesting permission to sever the subject lands with the intent to develop the lands with 3 single detached dwellings. The retained lot is proposed to have a lot width of 14.72 metres, a depth of 36.97 metres, and an area 442 metres squared, which complies with by-law regulations. The lands to be severed each have a proposed lot width of 10.97 metres, a depth of 36.0 metres and an area of 395 metres squared. A Photo: Subject Lands (April 9, 2018) 3 Planning Comments: Minor Variance Applications — A2018-039 & 2018-040 In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however as number of Low Rise Residential policies are under appeal similar policies from the 1994 are considered. The Low Rise Residential designations of both plans permit different forms of housing to achieve and maintain a low intensity of use and low-rise built form, such as single detached dwellings. It is planning staff's opinion that the proposed variance to the lot widths will maintain the low intensity and low- rise character of the neighbourhood, and that general intent of the Official Plan is maintained. The requested variances to permit reduced lot widths of 10.97 metres meets the intent of the Zoning By-law. The purpose of the 11.5 metres minimum lot width of Special Regulation 341 R is to ensure a variety of lot widths throughout the subdivision. The overall subdivision has been developed with a variety of lot widths, and the proposed lots meet all other zoning regulations. As such, staff is satisfied that the reduction of 0.53 metres in the lot width continues to meet the general intent of the Zoning By-law. Staff is of the opinion that the variances are minor and are appropriate for the development and use of the lands. The reduced lot widths will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed lots are appropriate for the context of the existing neighbourhood, and should not impact any of the adjacent properties or the surrounding neighbourhood. Consent Applications — B2018-028 & B2018-029 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 the severed and retained parcels are in conformity with the City's Official Plan, including 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 and will be compatible in size with the lots in the surrounding area, especially with those lots on the opposite side of the street. The dimensions of the resultant lots comply with the regulations of the Residential Four Zone (R-4) and Special Regulation Provision 341R, subject to the approval of minor variance applications A2018-039 and A2018-040. The configuration of the proposed lots is appropriate for the use of the lands. The proposed lots front a public street, and can be serviced with independent and adequate service connections to municipal services. Based on the foregoing, Planning staff recommends that Consent Applications B 2018-028 and B2018-029 requesting consent to sever the subject property into three lots, be approved, subject to the conditions listed in the Recommendation section of this report. Engineering Comments: These lots were incorporated into the Civil design of Huron Woods 30T-98-201, stage 4B. The services are already designed and the drawings have been approved (shown on Dwg. C-201 and C-202). These will or have been installed as part of the subdivision and therefore Engineering has no concerns. 0 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. 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. Record of site condition to be filed with MOECC required for any lots within the former turning circle. Transportation Comments: Transportation Services has no concerns with the proposed application. Operations (Parks) Comments: Park land dedication will not be required on the severed parcels. Park dedication requirements have been met through subdivision process 30T-98201 through a 5% land dedication. Therefore all new land parcels have contributed to the previous park dedication, and are exempt from further dedication requirements. Katie Anderl, BES, MCIP, RPP Senior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner A 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.