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HomeMy WebLinkAboutDSD-18-122 - B 2018-114 - 94 Fifth AveStaff Repod J K R Development Services Department www.kitchener.ca REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment September 18, 2018 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 3 September 7, 2018 DSD -18-122 APPLICATION #: B2018-114 94 Fifth Avenue Applicant: Clive Woolner Approve with Conditions Location Map: 94 Fifth Avenue I LOT 112 q' LCT 97 I 1 SMR BRICK DIIfE1JkiC I 077JMa 4.17 N67 m WP I J v a0-1_7.rPT) LLJ SHED N8B'45'48'4e 40.485 {Mfi) {0,1 J7S) 7) n W Q.11 AREA - 407.4 S4. MVM RETAINED LANDS o 4d J +S LOT 98 N CLF O_D81 :� TOP OF FOUNDATION -325-22 7.75 rs1, v AREA — 407.0 50. METRES CONCRETE FOUNDATION a a ry M PROPOSED SEVERANCE SHED y®13 HSr45;40W CONCRETE RW r" 40.39fi [0.06)w) wii 40.234(F1J ANGLE LOT 111 i� f 1 STOREY I EG'D PLAN 40. 256 BRICK )WELUNO 1 LOT 9Q LD_ 110 l ���In �P9 Proposed lot fabrics REPORT Planning Comments: The subject property is designated Low Rise Residential in the City's 2014 Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The subject property is currently being developed with a single detached dwelling. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings and multiple dwellings. Lot sizes vary in width, depth, and area in this nieghbourhood. The Owner is requesting permission to sever the subject lands into two lots to allow for a single detached dwelling on each lot. The severed lot would have a lot width of 10.069 metres, a depth of 40.485 metres, and an area of 407.4 square metres. The retained lot would have a lot width of 10.069 metres, a depth of 40.485 metres, and an area of 407.7 square metres. City Planning staff conducted a site inspection of the property on August 22, 2018 2 Existing lot with single detached dwelling under construction at 94 Fifth Avenue. 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. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. Planning staff is of the opinion that the proposal conforms with the regulations of the Residential Four Zone (R-4). The proposed severance conforms to the City's Official Plan and the configuration of the proposed lots can be considered appropriate for the use of the lands. The lots conform to policy 17.E.20.5 of the Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Consent Application B2018-0114, requesting consent to sever the subject property into two lots to be approved, subject to the conditions listed in the Recommendation section of this report. 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 3 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 building Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: No Environmental Planning issues or concerns. Transportation Services Comments: Transportation Services have no concerns with the proposed application. 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 owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Jason Brule (519-741-2200 ext. 7419). • It is noted that this property is located in the Montgomery -Freeport Sanitary Drainage Area. There is currently a development freeze in this area until the final phase of the Freeport Sanitary Pumping Station is complete. Engineering will not approve any Off -Site Works applications for this site until the pumping station works are complete. Anticipated timing for this is end of year 2018. • Any new driveways are to be built to City of Kitchener standards. All works 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. • A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information 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. Operations Comments: • A cash -in -lieu of land park dedication is required on the severed parcel having 10.069 lineal metres frontage, in the amount $4,631.74 as a new development lot will be created as result of the proposed severance. Parkland dedication is calculated at 5% of the per metre lineal frontage land value for the severed parcel. • The Applicant is advised that there is a City owned tree within the Fifth Avenue frontage of the subject parcel, which is to be protected from construction related damage and removal in accordance with By-law Chapter 690, Articles 3 and 4. Removal of a City owned tree will require suitable compensation to the City. RECOMMENDATION: That Application B2018-114 requesting consent to sever the subject property into two lots 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 pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,631.71. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. 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. 4. That the Owner make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 6. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner submit a complete Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 8. That the Owner provides Engineering staff with confirmation that the basement elevation 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 to the satisfaction of the Director of Engineering Services. 9. The Owner ensures any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Operations staff. That prior to the issuance of a building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Operations staff. 5 10. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Craig Dumart, BES, MCIP, RPP Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner L 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.