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HomeMy WebLinkAboutDSD-18-052 - B 2018-033 - 23 Hillcrest CourtStaff Report Development Services Department 1 K R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: June 19, 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: #1 DATE OF REPORT: June 11, 2018 REPORT #: DSD -18-052 SUBJECT: B2018-033 — 23 Hillcrest Court Applicant — Jennifer Pfister Approved with Conditions Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 23 Hillcrest Court (Photo - June 8, 2018) REPORT Planning Comments: The subject land is located at 23 Hillcrest Court and is developed with a single detached dwelling. The property is designated Low Rise Residential and zoned Residential Three Zone (R-3). The owner is proposing to sever a triangular portion of land from the rear of the property and convey it as a lot addition to 92-96 Woolwich Street (currently vacant). The purpose of the conveyance is to help regularize the lot line of the benefitting lands. The retained lands continue to comply with the regulations of the R-3 Zone, and will be similar in size to surrounding lots. Staff anticipates that the benefitting lands (92-96 Woolwich Street) will be comprehensively redeveloped in the future and would be subject to future Planning Act Applications including a Zone Change application. 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 lot addition conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The dimensions and shapes of the retained lands and resultant lot are appropriate and suitable for the existing use of the lands. The lands front onto an established public street, and retained lands are municipally serviced. 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. Based on the foregoing, staff recommends that the application be approved subject to certain conditions. Building Comments: The Building Division has no objections to the proposed consent. Transportation Services Comments: Transportation Services has no objections to the proposed lot addition. Engineering Comments: The proposed severance and lot addition is understood to be a property boundary shift with the property uses remaining unchanged. If either parcel of land is redeveloped in the future, separate, individual service connections for sanitary, storm, and water, will be required to each property in accordance with City policies. 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 these properties. The retained lands (if nothing changes with the house) will not require any new services. Operations Comments: Park land dedication will not be required on the severed parcel, as no new development lot will be created at this time as a result of the severance. RECOMMENDATION That application B 2018-033 requesting consent to convey a parcel of land having a width of 49.1 metres and an area of 116 metre squared, as a lot addition to 96 Woolwich Street, 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 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 lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo File No. D20-20/18 KIT June 11, 2018 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 B 2018-033 23 Hillcrest Court Jennifer Pfister PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 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 B2018-033 through B2018-043 Committee of Adjustment Hearing June 19, 2018 CITY OF KITCHENER The applicant is proposing to sever a triangular-shaped parcel of land from the rear portion of 23 Hillcrest Court having a width of 49.104m, a depth of 48.286 and an area of 1,106 square metres to be conveyed as a lot addition to 92 and 96 Woolwich Street. The properties are intended for residential development. Corridor Planning: Staff notes that transit requirements will be identified in the future when the development plans for the lands at 92 and 96 Woolwich Street and the severed lot are available. No concept plan for the proposed development has been provided with the application. It appears that the intent of the application is to develop the lands of the severed lot in addition to 92 and 96 Woolwich Street with multi -residential. These lands may have impacts from the transportation noise from adjoining municipal streets (ex. Bridle Trail, Woolwich Street, and any potential stationary noise sources in the vicinity. Regional Document Number: 2746461 Version: 1 Staff have reviewed the subject property and the surrounding area and have confirmed that there are no stationary noise concerns associated with this application. It is the responsibility of the applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts, both onsite and offsite. A detailed Environmental Noise Study will be required to assess the impacts of environmental noise in the vicinity. 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 4 copies of the Environmental Noise Study to the Region of Waterloo. 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: https://www.regionofwaterloo.ca/en/living-here/resources/Design-StandardsINoise- Assessment-Application--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 requirements of an environmental noise study must be secured for residential development on these lands. The recommendations of the detailed noise study will be implemented at a future development application through a registered agreement with the City of Kitchener, as a Regional condition of this consent application. Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the City of Kitchener to implement the recommendations of the study. Document Number: 2746461 Version: 1 B 2018-034 to B2018-040, and B2018-043 810 Frederick Street JC Homes Inc. The applicant is proposing to sever 8 residential lots, create mutual stormwater management and access easements; and to convey a lot addition from the easterly lot to the adjacent property municipally addressed as 57 Turner Avenue. The proposed severed lots will front onto Turner Avenue. The proposed applications are also requesting to sever a parcel of land having a width of 0.4m and a depth of 30.48m identified as Part 23 on the submitted plan to be conveyed as a lot addition to the adjacent property municipally addressed as 57 Turner Avenue; and, to grant easements at the rear of the subject properties over Parts 9 to 22 on the plan submitted with the application having an overall width of 5m for stormwater management services; and, easements over parts 17 to 22 having a width of 0.9m for mutual access for the adjacent properties. 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. The applicant is required to submit the Consent Application Review Fee of $350.00 for the creation of 7 new lots (total fee of $2,450) associated with applications B2018-035 through B2018-040 and B2018-043. Corridor Planning: A detailed environmental noise study will be required to assess the impacts of transportation and rail noise from Frederick Street/Turner AvenueNictoria Street and Metrolinx railway; and any potential stationary noise sources in the vicinity. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the City of Kitchener. Condition(s) must be secured accordingly. It is the responsibility of the applicant to ensure the development isnot adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the applicant should 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 Document Number: 2746461 Version: 1 Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. 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: https://www.regionofwaterloo.ca/en/living-here/resources/Design-StandardsINoise- Assessment-Application--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. Regional staff has no obiection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 2) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the City of Kitchener to implement the recommendations of the study. B 2018-041 and B2018-042 62 Daniel Avenue Keystone Property Developments Inc. The applicant is proposing to sever 2 lots for residential development and retain 1 lot. Proposed severed lot 1 will have a width of 12.21m, a depth of 30.55m, and an area of 372.93 square metres. Proposed severed lot 2 will have a width of 12.21m, a depth of 30.58m, and an area of 373.34 square metres. The retained lot will have a width of 12.21m, a depth of 30.58m, and an area of 373.79 square metres. Community Planning Fee The Region acknowledges receipt of the required consent application fee. Document Number: 2746461 Version: 1 Regional staff has no objection to the subject application. 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 Planner Document Number: 2746461 Version: 1 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2761 ext. 2319 Trisha Hughes, Resource Planner Fax: (519) 621-4945 E-mail: thughes@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: GRCA FILE: June 8, 2018 B 2018/033 — 23 Hillcrest Court B2018-033 — 23 Hillcrest Court RE: Application for Consent B2018/033 23 Hillcrest Court, City of Kitchener Jennifer Pfister GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above noted consent application. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the majority of the lands to be retained and all of the lands to be severed are regulated due to the allowance to the Provincially Significant Melitzer Creek Wetland Complex. 2. Legislative/Policy Requirements and Implications: It is our understanding that the applicant is proposing to sever the rear portion of the property to be merged to the abutting properties at 92 and 96 Woolwich Street. We have no objection to the lot line adjustment based on the sketch prepared by ACI Survey Consultants (dated May 8, 2018). As both the retained and severed lands contain GRCA regulated area, GRCA staff will participate in the review of future applications on these properties. Please note that any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. 3. Plan Review Fees: The GRCA applies Plan Review Fees for Planning Act applications located within GRCA areas of interest. This application is considered a `minor' consent application and the applicable Plan Review Fee is $400.00. With a copy of this correspondence, the applicant will be invoiced in the amount of $400.00. We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Page 1 of 2 Sincerely, Areo;ooe Trisha Hughes Resource Planner Grand River Conservation Authority cc: Jennifer Pfister, 23 Hillcrest Court, Kitchener, ON N2K 2S4 Dave Aston, MHBC Planning Ltd., 540 Bingemans Drive, Suite 200, Kitchener, ON N2B 3X9 * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Page 2 of 2 Holly Dyson From: Danielle Ingram <Danielle.Ingram @waterloo.ca> Sent: 05 June, 2018 1:41 PM To: Holly Dyson Cc: Joel Cotter Subject: B 2018/033, 23 Hillcrest Crt Hi Holly, The City of Waterloo will defer to the City of Kitchener planning staff to undertake a planning review and determine the merits of the above noted consent application. The City notes that formal comments on any future development application(s) with respect to the lands receiving the severed portion will be provided at that time. Thank you, Danielle Ingram Planning Approvals I Integrated Planning & Public Works I City of Waterloo I II 100 REGINA ST. S. I PO Box 337, STN WATERLOO WATERLOO, ON, N2J 4A8 P: 519.747.8773 1 F: 519.747.8523 1 TTY: 1.886.786.3941 E: danielle.ingram@waterloo.ca www.waterloo.ca I www.twitter.com/citvwaterloo www.youtube.com/citvwaterloo I www.facebook.com/citvwaterloo IMPORTANT NOTICE: This communication (including attachments) is intended solely for the named addressee(s) and may contain information that is privileged, confidential and exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.