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HomeMy WebLinkAboutCSD-18-085 - B 2018-030, A 2018-041 anf A 2018-042 - 151 Fifth AvenueJ KITc�►��T�R Staff Report Community Services Department www.kitchenerca 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: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 3 DATE OF REPORT: April 9, 2018 REPORT NUMBER: CSD -18-085 SUBJECT: Application B2018-030, A2018-041, A2018-042 151 Fifth Avenue Owner/Applicant — Vlad Knezevic Approve with Conditions ° 119 113 o ,29 0 117 Q o� 129 � � 108 4 t19 123 o „2 132 O O 115 2A 129 uz 0 247 CO O hTaT 2s0 wP 257 � 298 0 AMMON- 300 ,s r tst 285 � 155 289 1]] 2. tsz zss 152 305 �o 68 161 ]19 Subject Property: 151 Fifth Avenue RECOMMENDATION: I. That Application A2018-041 requesting relief from Section 38.2.1 to permit a rear yard of 2.27 metres whereas 7.5 metres is required, and requesting relief from Section 6.1.1.1.b)i) to permit a parking space to be set back 2.16 metres from the street line whereas 6.0 metres is required, be approved. J Staff Report KITc�►��T�R Community Services Department www.kitcheneua II. That Application A2018-042 requesting relief from Section 38.2.1 to permit a rear yard of 3.35 metres whereas 7.5 metres is required, be approved. III. That application B2018-030, proposing to sever a lot with a frontage of 15.24 metres, depth of approximately 17.75 metres, and an area of 271.1 square metres, be approved subject to the following conditions; 1. That Application A2018-041 and A2018-042 receive full and final approval. 2. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 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. 4. 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. 5. 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. 6. That the owner shall enter into a modified subdivision 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 agrees to submit and receive approval of a site drawing and building elevation drawings for the future residential building on the retained lots, to the satisfaction of the City's Director of Planning, prior to the issuance of a building permit. b. i. That the owner shall receive approval of a final Tree Preservation Plan for the severed 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. J Staff Report KIR Community Services Department www.kitcheneua ii. The final Tree Preservation Plan shall include a Tree Planting Compensation Plan to that is acceptable to the city's Urban Forestry department, identifying replacement or compensation plantings for the removal of any City -owned street tree. iii. 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. C. That prior to building permit issuance, the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. d. That prior to building permit issuance, 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 shared driveway ramp. e. That prior to building permit issuance, the owner make financial arrangements to the satisfaction of the City's Engineering Services for the removal of any redundant service connections to the (severed lands and/or retained) lands. f. That 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 building permit issuance. g. That prior to building permit issuance, the owner provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. h. That prior to building permit issuance, 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 forcemain to the property line and have a gravity sewer to move the sewage from the property line to the street. J Staff Report IZIITCIIE R Community Services Department www.kitcheneua 6. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the retained lands which shall include the following: a. That the owner shall receive approval of a final Tree Preservation Plan for the severed 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. 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. 7. That a satisfactory Solicitor's Undertaking be provided to immediately register the modified subdivision agreements as outlined in conditions 6 and 7 above on title of the severed and retained lands and that copies be provided to the City Solicitor. Report: The application is proposing to sever the existing property into two separate lots. The retained lands will contain the existing single detached dwelling and the severed will contain a new duplex dwelling. Existing Dwelling at 151 Fifth Avenue J Staff Report KITc�►��T�R Community Services Department www.kitcheneua A site visit was undertaken on March 16, 2018. Planning Comments: The property is designated as Low Rise Residential in the City of Kitchener Official Plan. Permitted low density residential uses include single detached, semi-detached, duplex, and multiple dwellings. The property is currently zoned as Residential Four (R-4) which permits a range of residential uses including single detached, semi-detached, and duplex dwellings. The property is also within the Residential Intensification in Established Neighbourhoods Study (RIENS) Area. The owner is proposing to sever the lands into two lots. The retained lands are proposed to accommodate the existing single detached dwelling and the served lands are proposed to be developed with a new duplex dwelling. A minor variance is requested for both the severed and retained lots. Specifically, these applications request the following: Consent Application B2018-030 — To sever a lot with a frontage of 15.24 metres, depth of 17.75 metres, and an area of 271.1 square metres. Minor Variance Application A2018-041 — To request a rear yard setback of 2.27 metres whereas 7.5 metres is required, and to request a parking space to be set back 2.16 metres from the street line whereas 6.0 metres is required, for the retained lands for the existing single detached dwelling. Minor Variance Application A2018-042 — To request a rear yard setback of 3.35 metres whereas 7.5 metres is required, for the severed lands for the future duplex dwelling. 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, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. While the retained and severed lands require minor variances, Planning staff is of the opinion that the size, dimension and shape of the proposed lot is suitable for the use of the lands and compatible with the surrounding community. The lands front onto two established public streets, and can be independently and adequately serviced with connections to municipal services. Planning staff is of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. 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 requested variances meet the general intent of the Official Plan. The Official Plan provides specific policy direction for infill residential development in established neighbourhoods. In the City's established neighbourhoods, the primary focus is to ensure that new infill development is compatible with the existing community. Policy 4.C.1.8.e requires that where a minor variance is requested to facilitate residential intensification the impact of the variance must be reviewed J Staff Report KITc�►��T�R Community Services Department www.kitcheneua to ensure that the lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. The requested rear yard variance for the retained lands is required because the rear yard is being measured opposite the Fifth Avenue street line. In this case, the larger side yard of 5.67 metres will be used for private outdoor amenity space normally provided in the rear yard. The parking setback variance for the retained lands is required because the length of the driveway is being reduced to provide outdoor amenity space in the side yard. The required parking space and one additional space (normally provided with the 6.0 metre setback) are arranged parallel, rather than in tandem. The rear yard variance for the severed lands is required in order to locate the building a similar distance from the Fifth Avenue street line, further than the minimum setback of 4.5 metres, in accordance with the recommendations from the City's Residential Intensification in Established Neighbourhood Study (RIENS), which was initiated to further guide and regulate the residential infill housing policies in the Official Plan. The requested variances meet the general intent of the Zoning By-law. The driveway regulations are meant to ensure that a residential use has appropriate off-street parking arrangements to ensure that parking demand for a residential use can be provided on site. A total of six off-street parking spaces will be provided, two for the retained single detached Dwelling, and four for the proposed duplex (two within garages with two in tandem). The rear yard setback is regulated to ensure that appropriate separation is provided from adjacent residential uses, and to provide private outdoor amenity space. In this case, each of the proposed units will have direct access to separate private amenity areas and the buildings are appropriately spaced. While Planning staff are satisfied that the proposed locations of the residential buildings are appropriate, Planning staff is recommending as a condition of this approval, as per Policy 4.C.1.7 of the Official Plan, the Owner to submit Building Elevation drawings and a building site drawing showing the design and increased front yard setback of the proposed new building. Planning staff will review and approve these plans prior to the issuance of the building permit to ensure that the proposed new building is appropriate in terms of siting, height, and architectural style. The requested variances are minor. Kitchener City Council recently approved the Residential Intensification in Established Neighbourhoods (RIENS) Study. That study identified that character and compatibility are important when considering any new development. While some of the recommendations from the study are currently at various stages of the implementation process, Planning Staff notes that the development concept implements may of the preliminary RIENS recommendations, including an increased front yard setback and comparable building height. The variances are appropriate for the development and use of the land. The proposed development will be compatible with the built form, massing, and building siting found throughout the neighbourhood. Further attention will be paid to the building height, roof line, porch design, driveway width and location, style and materials, and landscaping, as part of the approval of the Building Elevation and Site drawings. The development proposal accommodates a slight increase in density in an established community in a compatible form that provides increased housing options. J Staff Report KITc�►��T�R Community Services Department www.kitcheneua 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 for the demolition of accessory structure, as well as construction of the new residential building. Transportation Comments: Transportation Services has no concerns with the proposed applications. 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 sump pump should be connected to a service lateral going to the municipal storm sewer. 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 in front of this property on Fifth Avenue. Each severed lot will require a sanitary, a storm and a water service, therefore the storm sewer will need to be extended to the property. The retained lands (if nothing changes with the house) will not require any new services. If a new house is built that house will also require a storm service. 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 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. In accordance with Section 53 of the Ontario Water Resources Act, an environmental compliance approval for sewage works will be required by the Ministry of Environment and Climate Control for the extension of the municipal sewer to the satisfaction of the Director of Engineering prior to site plan approval. J Staff Report KtTc�►��Tt�R Community Services Department www.kitchenerca Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcels as a new development lots will be created. The cash -in -lieu dedication required is $7,010.40 Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontages (15.24m) at a land value of $9,200 per frontage meter. Operations would support the removal of street trees identified if the applicant demonstrates a replacement or compensation plan that is acceptable to the city's Urban Forestry department. Heritage Comments: No heritage planning concerns. Environmental Planning Comments: A Tree Management /Enhancement Plan was provided with the application. The Standard conditions for implementation of the plan are required for the retained and severed lands. Garett Stevenson, BES, MCIP, RPP Planner Juliane von Westerholt, MCIP, RPP Senior Planner 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.