HomeMy WebLinkAboutDSD-18-190 - B 2018-125 - 60 Kehl StStaff Report -x
Development Services Department wwwkitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 11, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070
WARD: 9
DATE OF REPORT: November 30, 2018
REPORT NUMBER: DSD -18-190
SUBJECT: Application B2018-125
60 Kehl Street
Owner/Applicant — Edmir & Monika Hasamaj
Approve with Conditions
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Subject Property: 60 Kehl Street
Report:
The application is proposing to sever the existing property into two separate lots that will have
frontage onto Kehl Street. The existing single detached dwelling is proposed to be demolished
and each lot is proposed to be developed with a single detached dwelling.
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The existing property has a lot width of 19.812 metres (65 feet). The application proposes to
sever the lot roughly in half. The retained lands are proposed to have a lot width of 9.906 metres,
a lot depth of 46.348 metres, and a lot area of 459.1 square metres. The severed lot is proposed
to have a lot width of 9.906 metres, a lot depth of 46.348 metres and a lot area of 459.1 square
metres.
Existing Single Detached Dwelling — 60 Kehl Street
Planning Comments:
The subject property is designated as Low Rise Residential in the City's Official Plan and zoned
as Residential Six (R-6) with Special Regulation Provision 1 R in the Zoning By-law. Regulations
1 R applies to the property as it is subject to GRCA Regulation 150/08, due to the proximity of the
Shoemaker Creek and Greenway.
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 severance conforms to
the City's Official Plan and will allow for orderly development that is appropriate.
Low Rise Residential and Housing objectives and policies that are in effect were considered for
this application. The Official Plan supports an appropriate range, variety and mix of housing types
and styles, densities, tenure and affordability to satisfy the varying housing needs of our
community through all stages of life. The City favours a land use pattern which mixes and
disperses a full range of housing types and styles both across the city as a whole and within
neighbourhoods. Low Rise Residential Districts shall accommodate a full range of housing types.
In these districts the City favours the mixing and integration of different forms of housing to
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Existing Single Detached Dwelling — 60 Kehl Street
Planning Comments:
The subject property is designated as Low Rise Residential in the City's Official Plan and zoned
as Residential Six (R-6) with Special Regulation Provision 1 R in the Zoning By-law. Regulations
1 R applies to the property as it is subject to GRCA Regulation 150/08, due to the proximity of the
Shoemaker Creek and Greenway.
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 severance conforms to
the City's Official Plan and will allow for orderly development that is appropriate.
Low Rise Residential and Housing objectives and policies that are in effect were considered for
this application. The Official Plan supports an appropriate range, variety and mix of housing types
and styles, densities, tenure and affordability to satisfy the varying housing needs of our
community through all stages of life. The City favours a land use pattern which mixes and
disperses a full range of housing types and styles both across the city as a whole and within
neighbourhoods. Low Rise Residential Districts shall accommodate a full range of housing types.
In these districts the City favours the mixing and integration of different forms of housing to
Staff Report
Development Services Department
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achieve a low overall intensity of use. The severed and retained lots are proposed to each be
developed with a single detached dwelling, a permitted residential use.
The GRCA has provided comments that both the severed and retained parcels are within the
flood fringe and both parcels would have safe access during times of flooding. As such, the GRCA
has no objection to the proposed consent application.
The property is located within the boundary of the Residential Intensification in Established
Neighbourhoods Study (RIENS). Portions of the RIENS study have been incorporated into
Zoning By-law 85-1, including new zoning regulations for garage projection, as well as front yard
and side yard abutting a street setbacks. Planning Staff is recommending, as a condition of
approval, that a site drawing and building elevation plans be submitted and be approved by the
City's Director of Planning, in consultation with Urban Design staff, to ensure that the final design
of the proposed single detached dwellings are in keeping with the design and character of the
surrounding community.
The severed and retained lots comply with the regulations of the Residential Six (R-6) zone and
is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater
Golden Horseshoe.
Based on the foregoing, Planning staff recommends that Consent Application B2018-125
requesting to sever the existing property into two lots, subject to the conditions outlined 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
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 any existing buildings as well for the construction
of any new buildings
Transportation Comments:
Transportation Services has 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 services 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 Katie Pietrzak (519-
741-2200 ext. 7135).
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.
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Development Services Department
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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 park land dedication will be required on the severed parcel as new development
lots will be created. The cash -in -lieu dedication required is $4556.76.
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (9.906m) at a land value of $9,200 per frontage meter.
A city owned tree is located in the boulevard of the subject property. The owner is required to:
• Show existing city owned vegetation on removals/demolition plan,
• Locate servicing/driveways in a location that avoids the tree where possible, or
• Remove and replace the tree (in coordination with Urban Forestry/Engineering staff) at
the owner's cost.
Environmental Planning Comments:
Clarity is required to understand which trees are remaining or possibility in shared ownership.
The City's standard tree protection condition is required as a condition of approval, for both the
severed and retained lands. A Tree Preservation/Enhancement Plan is required for the severed
and retained lands in accordance with the City's Tree Management Policy, which must be
submitted and approved before any building permit will be issued.
RECOMMENDATION:
That Application B2018-125 proposing to sever a lot with a width of 9.906 metres, a lot
depth of 46.348 metres and a lot area of 459.1 square metres, be approved subject to the
following conditions:
1. 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.
2. 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.
3. That the Owner submit and receive approval of a site drawing and front building
elevation drawings, prior to final severance approval, to the satisfaction of the
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Director of Planning in consultation with Urban Design staff, showing the location
and design of the proposed dwellings on both the severed and retained lots. The
elevations plans should show two different designs (one for each of the proposed
single dwelling dwelling) and should feature a comparable design and style to the
existing buildings in the immediate neighbourhood.
4. That the owner pay to the City of Kitchener a cash -in -lieu contribution for parkland
dedication equal to 5% of the value of the lands to be severed.
5. That the owner makes financial arrangements to the satisfaction of the City's
Engineering Services for the installation of all new service connections and the
removal of redundant services.
6. That the owner makes arrangements financial or otherwise for the relocation of any
existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as
required, to the satisfaction of the appropriate City department.
7. That 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 for the severed and retained lands.
8. That the owner submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together
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 Director of Engineering Services for the severed and
retained lands.
9. That the Owner provides Engineering staff with confirmation that the basement
elevation of the future dwellings 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 from the property line to the street, at the
cost of the Owner.
10. That the owner shall enter into an agreement with the City of Kitchener to be
prepared by the City Solicitor and registered on title of the severed and retained
lands which shall include the following:
a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the
severed and retained lands in accordance with the City's Tree Management
Policy, to be approved by the City's Director of Planning and the Director of
Operations, and where necessary, implemented prior to any grading, tree
removal or the issuance of any building permits. Such plans shall include,
among other matters, the identification of a proposed building
envelope/work zone, landscaped area and vegetation (including street trees)
to be preserved.
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b) 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 and the Director of Operations.
c) That the Owner ensures any boulevard trees identified by the City for
retention are protected during construction to the satisfaction of the City's
Operations and Planning. That prior to the issuance of any 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.
Garett Stevenson, BES, MCI P, RPP
Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
File No. D20-20/18 KIT
December 4, 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 SEHVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U 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 Application B2018-121 through
B2018-127
Committee of Adjustment Hearing December 11, 2018
CITY OF KITCHENER
B2018-121
N.A.K. Holdings Inc. / Latton Properties Inc.
59 Irvin Street
The owner/applicant is proposing to convey the rear portion of 59 Irvin Street to the
existing lot to the south which consists of 79, 83, 87 Scott Street; 68, 82 Weber Street
East; and 15, 25, 29 Pearl Place. The lot addition will increase the size of the existing
parcel to the south and the future use has not been determined.
Regional staff has no objection to the application.
B2018-122
1841362 Ontario Inc.
20 Victoria Marie Court and 15 Prince Albert Boulevard
The purpose of this application is to sever a portion of Block 4 of 58M-561 for the
purpose of sale in respect to the ownership and development of Building C and D
identified in the Victoria Common project. The proposed severance affects the centre
portion of Block 4 on 58M-561. The proposed severance is in the interests of the
potential sale of Buildings C and D identified in the development parcel
Document Number: 2874293 Version: 1
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Oscar and Sharon Lutz
218 Woolwich Street
The owner/applicant is proposing a lot addition to the property immediately to east
owned by Principia Development Ltd. to provide for the complete extension of Field
Sparrow Crescent.
Archaeological Assessment:
Regional Staff require the completion of an Archeological Assessment for the proposed
severed property prior to final approval of the consent application. This is due to the
proximity to Known Archaeological Resources (about 10m from the property line), and
its proximity to historically mapped buildings, and to watercourses (including the Grand
River).
• As per Regional Official Plan policy 3.G.9, the applicant is required to have a
licensed Archaeologist complete an Archeological Assessment for the entire
severed property, and that any adverse impacts to significant archaeological
resources found shall be mitigated, through preservation of the resource and/or
removal and documentation, at the expense of the owner.
• The applicant must submit the Archaeological Assessment report to the Ministry
of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy
of the Ministry's acceptance letter and the Assessment report to the Region of
Waterloo's Planning, Development and Legislative Services Department.
• Regional Staff request that if a Stage 3 is recommended by the licensed
Archaeologist, that the Region of Waterloo be circulated the Stage 1 and 2
Assessments and be consulted prior to beginning the Stage 3 Assessment.
Water Services:
The existing subject property is located in Waterloo Zone 4 with a static hydraulic grade
line of 381 mASL. Any development with a finished road elevation below 324.8 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.
Please note when the severed section of land is merged to Stage 2 of 30T-11205 it will
be located in a different pressure zone. It will be in pressure zone Kitchener Zone
4a with a static hydraulic grade line of 363.2 mASL.
Document Number: 2874293 Version: 1
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval the applicant complete an Archaeological Assessment
for the entire severed property and provide the Region of Waterloo with the
Ministry of Culture, Tourism and Sport acceptance letter.
B2018-124
Milorad Gutovic
34 Third Avenue
The owner/applicant is proposing a severance to create a new residential lot.
Corridor Planning:
At this location the severed and retained lands may experience traffic noise from
Provincial Highways (Highway 7 and 8). In lieu of a Transportation Noise Study,
Corridor Planning would be prepared to recommend that the owner enter into an
agreement with the City of Kitchener for the following noise warning clause:
"Purchasers/tenants are advised that sound levels due to high volume of road
traffic on Highway 7 and 8 may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of the 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 of approval:
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 Owner enter into a registered agreement with the
City of Kitchener to include the following warning clause in all agreements of
purchase and sale and/or rental agreements (for the severed and retained
parcels):
Document Number: 2874293 Version: 1
Purchasers/tenants are advised that sound levels due to high volume of
road traffic on Highway 7 and 8 may occasionally interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks (MOECP).
B2018-125
Edmir and Monika Hasanaj
60 Kehl Street
The owner/applicant is proposing a severance to create a new residential lot.
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 of approval:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
B2018-126
Nenad Gutovic
53 Second Avenue
The owner/applicant is proposing a severance to create a new residential lot.
Corridor Planning:
At this location the severed and retained lands may experience traffic noise from
Provincial Highways (Highway 7 and 8). In lieu of a Transportation Noise Study,
Corridor Planning would be prepared to recommend that the owner enter into an
agreement with the City of Kitchener for the following noise warning clause:
"Purchasers/tenants are advised that sound levels due to high volume of road
traffic on Highway 7 and 8 may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of the Environment, Conservation and Parks
(MOECP)".
Document Number: 2874293 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 of approval:
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 Owner enter into a registered agreement with the
City of Kitchener to include the following warning clause in all agreements of
purchase and sale and/or rental agreements (for the severed and retained
parcels):
Purchasers/tenants are advised that sound levels due to high volume of
road traffic on Highway 7 and 8 may occasionally interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks (MOECP).
B2018-127
FM Limited Partnership c/o EIWO Canadian Management Ltd.
385 Frederick Street
The owner/applicant is proposing to recognize a Lease in Excess of twenty-one (21)
years.
Regional staff has no objection to the 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: 2874293 Version: 1
P1
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2228
Fax: (519) 621-4945
E-mail: aherreman@grandriver.ca
DATE: December 3, 2018 YOUR FILE: B 2018-125
GRCA FILE: B2018-125 — 60 Kehl Street
RE: Application for Consent B 2018-125
60 Kehl Street, City of Kitchener
Edmir and Monika Hasanaj
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above -noted consent
application. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that a majority of the subject property
is within the flood fringe of a Two -Zone Floodplain associated with Shoemaker Creek. A
small portion of the property is also within the regulated allowance adjacent to the floodplain.
A copy of our resource mapping is attached.
2. Legislative/Policy Requirements and Implications:
This reach of floodplain is within a Two -Zone Floodplain Policy Area. In designated Two -
Zone Areas, the floodplain contains two sections - the floodway and the flood fringe. The
floodway is the area of the floodplain required to pass the flows of greatest depth and
velocity. No development is permitted within the floodway. The flood fringe lies between
the floodway and the edge of the floodplain. Depths and velocities of flooding in the flood
fringe are much less than those in the floodway, allowing for development to occur if certain
criteria are met. The subject property falls within the flood fringe.
Based on information available at this office, the severed and retained parcels are within the
flood fringe and both parcels would have safe access during times of flooding. As such, the
GRCA has no objection to the proposed consent application. Please note that any future
GRCA permit applications for the new dwellings will require additional plans and details to
demonstrate conformance with the GRCA and City of Kitchener Two -Zone Floodplain
policies.
Due to the presence of the floodplain, the subject property is regulated by the GRCA under
Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses Regulation.
Please be advised that any future development on the subject lands will require the prior
issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves
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These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand
River Conservation Authority
the submission of a permit application to this office, the review of the application by Authority
staff and the subsequent approval/refusal of the permit application by the GRCA.
3. Plan Review Fees:
This application is 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.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
Encl.
cc: Edmir & Monika Hasanaj — 544 Netherwood Crescent, Kitchener, ON N2P 0136
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These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand
River Conservation Authority