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HomeMy WebLinkAboutDSD-18-121 - B 2018-063 to B 2018-113 - Rivertrail Ave, Grand Flats Tr, Valleybrook DrStaff Repod Development Services Department J wR www.kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 18, 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: 2 DATE OF REPORT: September 7, 2018 REPORT #: DSD -18-121 SUBJECT: APPLICATION #: B2018-063 - B2018-113 210-282 Rivertrail Avenue, 125-181 Grand Flats Trail, 124-148 Grand Flats Trail. 45-53 Valley Brook Drive, & 54-78 Valleybrook Drive. Applicant: Patrick Haramis Approve with Conditions `247251 \ % 11223 12 227 09'� 1� 107. 582 '266 181 1n , 6s1, T31 397 4312 - 30, 305 1� 11u.ftra I Green 8 J ', 33._. { l l 196 �i1p lid 12 29 18 184 188 3 25 0 7� 325 5 the 14 2 Y \ 329 Al 74, 7 9 �t.E 18 6 i'n�� 11 328 6 \� i7 a•¢ ,4 Q 332 333 13 144 10 15 336 15 13640 14 A 337 99 132 � 79 340 93 g5g7 �q,14 124128 Y �s 341 120 22 Subject Properties 61 26.....: 345 ice` 53 57 23 3443 31 3 52 25 38 41 5 30 356 349 27 35 100104' 29 42 360 353 96 31 33 88 357 680 84 35 58 62 66 7D 7d 6 2 232527 -50 54 S21 86 90 98 361 366 .1375719q�1. 370 365 %.2 3s %40 56 60 64 374 r 369 2;2 68 76 gD 84 378 � U (� 382 373 i 8 N� 2 % .\ ¢ 59 63 67 71 75 79 3 T7 18 y, 460 83 87 91 /d 9d 390 Fair•ray F''i 394 Location Map: 210-282 Rivertrail Avenue, 125-181 Grand Flats Trail, 124-148 Grand Flats Trail. 45-53 Valley Brook Drive, & 54-78 Valleybrook Drive. REPORT Planning Comments: The subject lands front onto Rivertrail Avenue, Grand Flats Trail and Crosswinds Drive in the Grand River Flats Subdivision, located in the Grand River South Planning Neighbourhood adjacent to Old Zeller Drive and Fairway Road North. The subject lands are comprised of municipal addresses 210-282 Rivertrail Avenue, 125-181 Grand Flats Trail, 124-148 Grand Flats Trail. 45-53 Valley Brook Drive, & 54-78 Valleybrook Drive. The location of the subject lots are outlined on the Location Map above. These lots are currently vacant and are proposed to be developed with single detached dwellings with a zero side yard setback. The applicant is requesting consent to create a total of 51 easements measuring 1.5 metres wide (0.3 metres for encroachment and 1.2 metres for maintenance) and 27.5 metres in length. The purpose of each easement is to provide property owners with the ability to legally enter onto the neighbouring property to access the side of the dwelling for maintenance purposes only. The properties are designated Low Rise Residential in the City's Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The R-4 zone permits single detached dwellings to be sited on a lot with a zero side yard setback, where a maximum encroachment of 0.3 metres into abutting lands is provided for the projection of eaves and a 1.5 metre easement is granted by the owner of the subject abutting lands for the maintenance of walls, eaves and real property. City Planning staff conducted a site inspection of the subject lands on August 22, 2018. _. A Existing Undeveloped Lots on Rivertrail Avenue. 2 Staff does not have any concerns with the applications as the easements are required by the Zoning By-law. 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 easements are considered good planning that satisfies the policies of both the City's Official Plan and the Provincial Policy Statement. Based on the foregoing, Planning staff recommends that Consent Applications B2018-063 to B2018-113 requesting consent to consent to create a total of 51 easements measuring 1.5 wide (0.3 metres for encroachment and 1.2 metres for maintenance) and between 26.99 and 29 metres in length, be approved, subject to the conditions listed in the Recommendation section of this report. Heritage Planning Comments: No cultural heritage issues or concerns. Environmental Planning Comments: No concerns. Building Comments: The Building Division has no objections to the proposed consent applications — a separate building permit will be required for construction of each new building. Operations Comments: No parkland dedication is required by way of condition for the creation of legal easements that will establish encroachment and maintenance rights in favour of the subject residential properties lands, as new developable lots will not be created through the application. Engineering Comments: A grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings will be required to the satisfaction of the Engineering Division prior to the easement approval. Transportation Services Comments: Transportation Services has no concerns with the proposed applications. RECOMMENDATION That Consent Applications B2018-063 - B2018-113 requesting consent to create a total of 51 easements measuring 1.5 wide (0.3 metres for encroachment and 1.2 metres for maintenance) and 27.5 metres in length, be approved, subject to the following: That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (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. 2. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 3 3. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 4. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 5. 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; 6. A grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings will be required to the satisfaction of the Engineering Division prior to the easement approval. Craig Dumart, BES, MCIP, RPP Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner Region of Waterloo Mra►rem 1111134i1WilliE:3:411 September 7, 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. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2018-063 through B2018-115 Committee of Adjustment Hearing September 18, 2018 CITY OF KITCHENER B2018-063 through B2018-071 210 to 242 Rivertrail Avenue Milestone Developments Inc. c/o Patrick Haramis OLS The owner/applicant is proposing to facilitate easements for each of the specified lots for the purposes of encroachment and maintenance. All parcels are intended for residential development Regional staff has no objection to the subject applications. B2018-072 through B2018-081 246 to 282 Rivertrail Avenue Milestone Developments Inc. c/o Patrick Haramis OLS The owner/applicant is proposing to facilitate easements for each of the specified lots for the purposes of encroachment and maintenance. All parcels are intended for residential development Regional staff has no objection to the subject applications. Document Number: 2814000 Version: 1 B2018-082 through B2018-096 125 to 181 Grand Flats Trail Milestone Developments Inc. c/o Patrick Haramis OLS The owner/applicant is proposing to facilitate easements for each of the specified lots for the purposes of encroachment and maintenance. All parcels are intended for residential development Regional staff has no objection to the subject applications. B2018-097 through B2018-106 45 to 53 Valleybrook Drive and 124 to 148 Grand Flats Milestone Developments Inc. c/o Patrick Haramis OLS The owner/applicant is proposing to facilitate easements for each of the specified lots for the purposes of encroachment and maintenance. All parcels are intended for residential development Regional staff has no objection to the subject applications. B2018-107 through B2018-113 54 to 78 Valleybrook Drive Milestone Developments Inc. c/o Patrick Haramis OLS The owner/applicant is proposing to facilitate easements for each of the specified lots for the purposes of encroachment and maintenance. All parcels are intended for residential development Regional staff has no objection to the subject applications. B2018-114 94 Fifth Avenue C.V. Woolner & Associates Ltd. The owner/applicant is proposing a lot severance to create a new residential lot. Community Planning: 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: 2814000 Version: 1 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 327.8 mASL 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. Regional staff has no objection 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. B2018-115 44 Franklin Street South 2211452 Ontario Inc. The owner/applicant is proposing a lot severance to create a new residential lot. Community Planning: 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: The severed and retained residential lots will be impacted from road noise from King Street By-pass, Kingsway Drive and Franklin Street South. The owner/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 the severed and retained lots: a) The residential dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic King Street By-pass, Kingsway Drive and Franklin Street South may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry Document Number: 2814000 Version: 1 of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of Environment, Conservation and Parks (MOECP)". 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 327.8 mASL 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. Regional staff has no objection 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. 2) That prior to final approval, the applicant enters into a registered development 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 for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/ sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic King Street By-pass, Kingsway Drive and Franklin Street South may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 2814000 Version: 1 remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of Environment, Conservation and Parks (MOECP)". 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, 1 ��� '5 Matthew Colley Planner Document Number: 2814000 Version: 1 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE September 7, 2018 YOUR FILE: See below Applications for Signs: SG 2018-009 236 Mill Street Applications for Minor Variance: A 2018-096 904 Magdalena Court A 2018-097 196 Hickson Drive A 2018-098 6 Waterwillow Court A 2018-099 161 Victoria Street South A 2018-102 70 Windrush Trail A 2018-103 83 Elmsdale Drive A 2018-104 387 King Street East A 2018-105 59 Claremont Avenue A 2018-114 94 Fifth Avenue A 2018-115 44 Franklin Street South Applications for Consent: B 2018-063 to -071 B 2018-072 to -081 B 2018-082 to -096 B 2018-097 to -106 B 2018-107 to -113 B 2018-114 B 2018-115 GRCA COMMENT*: 210 to 242 Rivetrail Avenue 246 to 282 Rivertrail Avenue 125 to 181 Grand Flats Trail 45-53 Valleybrook Drive and 54-78 Valleybrook Drive 94 Fifth Avenue 44 Franklin Street South 124-148 Grand Flats 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 "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I Grand River Conservation Authorith.