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Home My WebLink AboutDSD-19-254 - B 2019-066 to B 2019-071 - 253 Clark Ave (Amended)Staff Repod J K1 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 November 19th, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Eric Schneider, Planner - 519-741-2200 ext. 7843 3 November 8th, 2019 DSD -19-254 APPLICATION #: B2019-066-071 (Amended) 253 Clark Avenue Applicant: Matthew Warzecha Approve with conditions Y :1r Location Map: 253 Clark Avenue R-3 l \ RESIDENTIAL N51'1G'S5E � _ V Proposed lot fabrics REPORT Planning Comments: The subject property is split -zoned Residential Five Zone (R-5) and Residential Six Zone (R-6) in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property currently contains a triplex dwelling. The existing development of the neighbourhood consists of single detached, semi-detached, and multiple dwellings. The Owner is requesting permission to sever the subject lands into 7 total lots with associated easements. The property is proposed to be developed with 5 duplex dwellings and a semi- detached dwelling on two lots. The retained lot would have a lot width of 9 metres, a depth of 36.9 metres, and an area of 339.7 square metres. The severed lots would have the followina dimensions: Lot 1 (duplex) 2 du lex 3 (duplex) 4 (duplex) 5 semi 6 semi Width m 9 9 9 m RETAINED Lor 1 339.]m� 18.3 w Y� 41.8 32 32 31.6 30.5 G Area (m2) 362.6 287.9 286.8 280.2 R-3 R-3 Easement Yes Yes Yes Yes Yes No RESIDENTIAL RESIDENTIALi_Sm E4iEMEM 189 — — — — — mo SEVERED LOT $ 352 &W 41 3 1 90 Ea{vEIT 11, EASENENT 6,6 Ex nq ENt1 9.0 9.0 6:0 to be 11_IiAfi d Ti SEVERED SEVERED SEVERED SEVERED SEVERED LOT 2 LOT 3 LOT 4 2W 2rt� LOT 5 230.7.e LDT 6 M2 &o y °F1' R-5 207.%W 286 &n= - F RESIDENTIAL 2 z ST so 9.5 sn , o p7a e_ 8.&44 Ns1°M1sss-w �,g4.T72 j,111_66'2 RETAINED LANDS (339.7rn7) SEVERED LANDS (1,I81.6D2) Proposed lot fabrics REPORT Planning Comments: The subject property is split -zoned Residential Five Zone (R-5) and Residential Six Zone (R-6) in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property currently contains a triplex dwelling. The existing development of the neighbourhood consists of single detached, semi-detached, and multiple dwellings. The Owner is requesting permission to sever the subject lands into 7 total lots with associated easements. The property is proposed to be developed with 5 duplex dwellings and a semi- detached dwelling on two lots. The retained lot would have a lot width of 9 metres, a depth of 36.9 metres, and an area of 339.7 square metres. The severed lots would have the followina dimensions: Lot 1 (duplex) 2 du lex 3 (duplex) 4 (duplex) 5 semi 6 semi Width m 9 9 9 9 8 18.3 Depth (m) 41.8 32 32 31.6 30.5 28.9 Area (m2) 362.6 287.9 286.8 280.2 238.7 325.6 Easement Yes Yes Yes Yes Yes No City Planning staff conducted a site inspection of the property on October 4th, 2019. 2 Existing Triplex on Site (October 4, 2019) 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. The proposed lots conform to the Official Plan. All proposed retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. The easements proposed by the applicant are required by Section 5.20 of the Zoning By-law. Based on the foregoing, Planning staff recommends that Consent Applications B2019-066-071, requesting consent to sever the subject property into 7 total lots to be approved, subject to the conditions listed in the Recommendation section of this report. 3 R-3 1 RE;IL190AL �y N 51 `16'55'€ li6HQ . — .�t -� ■ � ■ rrrrr � rr�r�fi.�# dr as i LOT 1 m:.in5 prep= DUPLEX f DWELLING N _fie �- R-3 _ tlA� RESIDENTIAL 7ffs .5m EAsE-ENT �c �2 LOT 2 f • 3152.6m 11 4 rr m = .az1 DUPLEX DWELLING ► d _ � , �.5m EA5EWE}YT !,'Sm EhSEltlEFfr Existing Euilding LOT LOT to GemalishEd LOT 3 LOT 4 LOT 5238.7rt� BES.fim' -, 7S7_es.,,- N SEVI-D ACi{EDt �M[-DETACHED�* DUPLES DUPLEX Imo. DUPLEX U. LIN I" UNIT DWEL_N3 DWEWHG . DWELUNG 46` 0.2 J.2 Area = Buldmq Arm IF a A Ring hep=10 10 tr4nn� RESIDENTIAL 95 _ �k � 2} 0Ali 27 oe 1. `_ 0.5 9.0 -•I i5 4 4-f4 --� l r' I L 7 - 1 ■ . r A= -12 G 8.644 R i 1 1.862 N51 °16 55'W Proposed Buildinas on Site 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. Separate building permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings Heritage Comments: Heritage Planning staff has no concerns. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building/demolition permit will be issued. Transportation Services Comments: In accordance with the city's on -street parking policy and based on the submitted plan (Severance Sketch), ensure that at a minimum of 3 on -street parking spaces are provided. An on -street parking plan be submitted to Transportation Services for review and comment. 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 municipal sanitary, storm and water services are currently available to service the proposed units along Siebert Avenue however the sanitary sewer along Clark Avenue will need to be extended at the owners expense to service those proposed units. Any further enquiries in this regard should be directed to Niall Melanson (519- 741-2200 ext. 7133). 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 design of the sanitary sewer extension along Clark Avenue, complete with sanitary sewer design sheets and ECA application 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 6 new development lots will be created. The cash -in -lieu dedication required is $27,416.00 Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage (59.6m) at a land value of $9,200 per frontage metre. City owned trees are located in the boulevard of the subject property. The owner/applicant is required to: 1) Provide a Street Tree Planting Plan (including all existing and proposed utilities; coordinated with all other plans) for review and approval by Parks & Cemeteries Design & Development. 2) Indicate compensation plantings that meet the requirements of section M with adequate soil volumes on Street Tree Planting Plan. 3) Financial compensation for the street trees being removed will also be required. An ISA certified arborist will need to prepare a report assessing the value of the street trees being removed using the most up-to-date base -diameter method endorsed by the ISA. 5 The value of these trees will paid into the tree planting account and will be separate from the cash -in -lieu of parkland dedication owing. 4) Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided. RECOMMENDATION: That Applications B2019-066-071 requesting consent to sever the subject property into seven (7) lots and create associated easements 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 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 two full size paper copies 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 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. 4. 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. 5. That the City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. 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 $27,416.00 The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 7. That the Owner submit a Street Tree Planting Plan to the satisfaction of the Director of Parks and Cemeteries. 8. That the Owner provide financial compensation for the street trees proposed to be removed. The value of the trees will be determined by an ISA certified arborist. The owner shall submit a report assessing the value of the trees to the satisfaction of the Director of Parks and Cemeteries. 9. That the Owner provide adequate tree protection on the street trees prior to L construction, to the satisfaction of the Director of Parks and Cemeteries. 10. 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. 11. 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. 12. That the Owner provide a servicing plan showing outlets to the municipal servicing system complete with sanitary sewer design sheets and ECA application to the satisfaction of the Director of Engineering Services. 13. 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. 14. 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. 15. That the Owner shall prepare a Tree Management Plan for the retained and all 6 severed lots 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 demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 16. That the Owner submit an On -Street Parking Plan to the satisfaction of the Director of Transportation Services. Eric Schneider, BES Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner 7 Region of Waterloo 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 N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 D20-20/19 KIT November 6, 2019 Re: Comments for Consent Application B2019-066 through B2019-072 Committee of Adjustment Hearing November 19, 2019 CITY OF KITCHENER B2019-66 to B2019-071 253 Clark Avenue JC Group The owner/applicant is submitting six consent applications for the subject lands to create a total of seven new residential lots. Fee: The owner/applicant must submit the consent review fee of $350.00 per new lot created ($350.00 x 6 =$2,100) to the Region of Waterloo prior to final approval of the consent application. 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 2019. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot created. Document Number: 3147705 Version: 1 B2019-072 85 McIntyre Drive Hureng Developments Limited The owner/applicant is proposing to sever 272 square metres from a vacant property and add it to the subject lands at 85 McIntyre Drive. The purpose of this application is so that the existing storage units reside on 85 McIntyre Drive. 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 19-037 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, MIJ� _ 1-1/ `�_ Matthew Colley Planner Document Number: 3147705 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority