Loading...
HomeMy WebLinkAboutDSD-20-029 - B 2020-005 & B 2020-006 - 826 Frederick StStaff RepoifK�i-'(]HF:NF R Development Services Department wwwkitchener.a REPORT TO: Committee of Adjustment DATE OF MEETING: February 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070 WARD: 1 DATE OF REPORT: February 10, 2020 REPORT NUMBER: DSD -20-029 SUBJECT: Applications B2020-005 & B2020-006 824, 826, & 828 Frederick Street Owner — Dragoslav Kovacevic Applicant — Scott Patterson, Patterson Planning Consultants Inc. Approve with Conditions Subject Properties: 824, 826, & 828 Frederick Street Background: On May 17, 2016, the Committee of Adjustment approved severance applications B 2016-010, B 2016- 011, B 2016-012, B 2016-013, and B 2016-014, for 826 Frederick Street (62-70 Turner Ave) to sever the subject property into six (6) lots to allow separate ownership of each townhouse dwelling unit and separate owner of the retained lands for future development. Staff Report Development Services Department Report: vex wwwkitchener.ca The current applications propose to further sever the future development parcel into three separate lots, where each newly constructed townhouse dwelling will be on a separate lot. All of the townhouse dwelling units are connected to full municipal services. Application B2020-005 proposes to sever a lot with a width of 7.29m, a depth of 27.334m and an area of 199.7 sq.m. Application B2020-006 proposes to sever a corner lot with a width of 12.522m, a depth of 27.553m, and an area of 346.3 sq.m. Permission is also being requested to grant an easement at the rear of the subject property in favour of the retained lands, having a width on Turner Avenue of 0.9m and a depth of 12.519m for the purpose of access. The retained lands have a lot width of 5.792m, a depth of 27.456m, and an area of 158.9 sq.m. A site inspection was conducted on February 5, 2020. Existing streetscape showing 3 newly constructed Townhouses Planning Comments: The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as Residential Six (R-6) in 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, Planning staff is of the opinion that the proposed severances conform to the City's Official Plan and will allow for separate ownership of the newly constructed dwellings. Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca The configuration of the proposed lots will comply with the regulations of the Residential Six (R-6) zone. Staff is further 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, Planning staff recommends that Applications B2020-005 & B2020-006 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. Transportation Comments: A financial contribution for the future sidewalk along the Tuner Avenue frontage (27.76 linear metres) is required, at a rate of $129m2 (future sidewalk 2020 rate). Heritage Comments: Heritage Planning staff has no concern with this application. Engineering Comments: This site has gone through the Site Plan process and is in the Off -Site Works process for services. Engineering has no concerns with the severance application. Operations Comments: Parkland dedication is not required for this application as it was satisfied through site plan application SP13/083/F/MV. Environmental Planning Comments: Environmental Planning staff has reviewed the application and has no concerns. Region of Waterloo Comments: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created ($350.00 x 2 = $700.00) prior to final approval of the consent. Regional Staff advises that a detailed environmental noise study entitled "Road and Rail Traffic Noise Impact Study 826 Frederick Street, Kitchener, Ontario" as prepared by GHD Limited (June 9, 2016) was completed and reviewed and accepted by Regional Staff. The following recommendations of the above noise study with respect to transportation noise will be required to be implemented through a registered agreement with the City of Kitchener: A. The owner hereby agrees that all dwellings on the severed and the retained lots will be constructed as per recommendations of the noise report entitled "Road and Rail Traffic Noise Impact Study 826 Frederick Street, Kitchener, Ontario" dated June 9, 2016 as prepared by GHD Limited, and further agrees that: B. All Dwelling Units on the Severed and Retained Lands: 1. The dwelling units will be installed with forced air ventilation systems; suitably designed and installed with a central air conditioning systems. The location, installation and sound rating of the air conditioning device should comply with NPC -216, Residential Air Conditioning Devices. Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca 2. The following noise warning clauses will be included on all offers to purchase, deed, and/or rental agreement: Type A — "Purchasers/tenants are advised that sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." Type D — "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the interior sound levels are within the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." 3. For all units, building components used in construction must be in compliance with the Ontario Building Code. 4. Windows and doors used in the construction of the east fagade (along Frederick Street) must have a minimum STC rating of 31. 5. Windows and doors used in the construction of the north and south fagade (along Turner Avenue) must have a minimum STC rating of 30. C. Implementation: 6. An acoustical engineer or Municipal Building Official will be required to certify that the building plans include all required noise control, including the installation of central air conditioning prior to issuance of a building permit. RECOMMENDATION: I. That application B2020-005 requesting to sever a lot with a width of 7.29m, a depth of 27.334m and an area of 199.7 sq.m., be approved subject to the following conditions: 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 shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 4. That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener for all units on the severed and retained lands to implement the required noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements: Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca a. The owner hereby agrees that all dwellings on the severed and the retained lots will be constructed as per recommendations of the noise report entitled "Road and Rail Traffic Noise Impact Study 826 Frederick Street, Kitchener, Ontario" dated June 9, 2016 as prepared by GHD Limited.: b. All dwelling units will be installed with forced air ventilation systems; suitably designed and installed with a central air conditioning systems. The location, installation and sound rating of the air conditioning device should comply with NPC -216, Residential Air Conditioning Devices. c. "Purchasers/tenants are advised that sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." d. "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the interior sound levels are within the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." e. That building components used in construction for all units on the severed and retained lands be in compliance with the Ontario Building Code (OBC). f. That the windows and doors used in the construction of the east fagade (along Frederick Street) on the severed and retained lands have a minimum STC rating of 31. g. That the windows and doors used in the construction of the north and south fagade (along Turner Avenue) on the severed lands have a minimum STC rating of 30. II. That application B2020-006 requesting to a corner lot with a width of 12.522m, a depth of 27.553m, and an area of 346.3 sq.m., and requesting permission to grant an easement at the rear of the subject property in favour of the retained lands, having a width on Turner Avenue of 0.9m and a depth of 12.519m for the purpose of access, be approved subject to the following conditions: 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 shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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. Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca 3. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 4. That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener for all units on the severed and retained lands to implement the required noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements: a. The owner hereby agrees that all dwellings on the severed and the retained lots will be constructed as per recommendations of the noise report entitled "Road and Rail Traffic Noise Impact Study 826 Frederick Street, Kitchener, Ontario" dated June 9, 2016 as prepared by GHD Limited.: b. All dwelling units will be installed with forced air ventilation systems; suitably designed and installed with a central air conditioning systems. The location, installation and sound rating of the air conditioning device should comply with NPC -216, Residential Air Conditioning Devices. c. "Purchasers/tenants are advised that sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." d. "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the interior sound levels are within the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." e. That building components used in construction for all units on the severed and retained lands be in compliance with the Ontario Building Code (OBC). f. That the windows and doors used in the construction of the east fagade (along Frederick Street) on the severed and retained lands have a minimum STC rating of 31. g. That the windows and doors used in the construction of the north and south fagade (along Turner Avenue) on the severed lands have a minimum STC rating of 30. That the Owner makes satisfactory arrangements with the Director of Engineering for payment towards future sidewalk installation along the Turner Avenue (27.76 linear metres), at a rate of $129m2 (future sidewalk 2020 rate). That the Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor in consultation with the City's Director of Planning: Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca a. A clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. A clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. Garett Stevenson, B.E.S., MCIP, RPP Senior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner 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 February 7, 2020 Re: Comments for Consent Application B2020-005 through B2020-009 Committee of Adjustment Hearing February 18, 2020 CITY OF KITCHENER B2020-005 and B2020-006 826 Frederick Street Dragoslov Kovacevic The owner/applicant is proposing a severance to create two new residential lots. The property has constructed a street fronting townhouse on the property that meets all zoning requirements and was subject to Site Plan Approval SP17/124/F/CD. The owner/applicant is also requesting an easement for access in favour of the proposed retained lands. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created ($350.00 x 2 = $700.00) prior to final approval of the consent. Environmental Noise: Regional Staff advise that a detailed environmental noise study entitled "Road and Rail Traffic Noise Impact Study 826 Frederick Street, Kitchener, Ontario" as prepared by GHD Limited (June 2016) was completed and reviewed and accepted by Regional Staff. The following recommendations of the above noise study with respect to transportation noise will be required to be implemented through a registered agreement with the City of Kitchener: A) The owner hereby agrees that all dwellings on the severed and the retained lots will be constructed as per recommendations of the noise report Document Number: 3222973 Version: 1 entitled "Road and Rail Traffic Noise Impact Study 826 Frederick Street, Kitchener, Ontario" dated June 09 as prepared by GHD Limited, and further agrees that: B) All Dwelling Units on the Severed and Retained Lands: 1. The dwelling units will be installed with forced air ventilation systems; suitably designed and installed with a central air conditioning systems. The location, installation and sound rating of the air conditioning device should comply with NPC -216, Residential Air Conditioning Devices. 2. The following noise warning clauses will be included on all offers to purchase, deed, and/or rental agreement: Type A — "Purchasers/tenants are advised that sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." Type D — "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the interior sound levels are within the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." 3. For all units, building components used in construction must be in compliance with the Ontario Building Code. 4. Windows and doors used in the construction of the east facade (along Frederick Street) must have a minimum STC rating of 31. 5. Windows and doors used in the construction of the north and south facade (along Turner Avenue) must have a minimum STC rating of 30. C) Implementation: 6. An acoustical engineer or Municipal Building Official will be required to certify that the building plans include all required noise control, including the installation of central air conditioning prior to issuance of a building permit. Document Number: 3222973 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener for all units on the severed and retained lands to implement the required noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements: The owner hereby agrees that all dwellings on the severed and the retained lots will be constructed as per recommendations of the noise report entitled "Road and Rail Traffic Noise Impact Study 826 Frederick Street, Kitchener, Ontario" dated June 09 as prepared by GHD Limited..- ii. imited.: ii. All dwelling units will be installed with forced air ventilation systems,- suitably ystems,suitably designed and installed with a central air conditioning systems. The location, installation and sound rating of the air conditioning device should comply with NPC -216, Residential Air Conditioning Devices. iii. "Purchasers/tenants are advised that sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." iv. "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the interior sound levels are within the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." V. That building components used in construction for all units on the severed and retained lands be in compliance with the Ontario Building Code (OBC). vi. That the windows and doors used in the construction of the east fagade (along Frederick Street) on the severed and retained lands have a minimum STC rating of 31. vii. That the windows and doors used in the construction of the north and south fagade (along TurnerAvenue) on the severed lands have a minimum STC rating of 30. Document Number: 3222973 Version: 1 B2020-007 through B2020-009 28 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing severances to create four (4) new residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created ($350.00 x 4 = $1,400.00) prior to final approval of the consent. Archaeological Assessment: Regional Staff advise that the subject property possesses the potential for the recovery of archaeological resources. Regional Staff will not require an Archaeological Assessment, however, the owner/applicant should be made aware that: If archaeological resources are discovered during the development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Tourism, Sport and Culture industries. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or; If human remains/or a grave site is discovered during development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 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, Matthew Colley, Planner Document Number: 3222973 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: February 7, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-009 120, 130 & 140 King St W, 31 A 2020-010 25 Wellington Street North A 2020-011 23 Forfar Avenue A 2020-012 1333 Weber Street East A 2020-013 544 Bridgeport Road A 2020-014 2121 Hidden Valley Crescent A 2020-015-018 28 Burgetz Avenue Applications for Consent: B 2020-005 826 Frederick Street B 2020-006 826 Frederick Street B 2020-007-009 28 Burgetz Avenue Young St & 55 Duke St W 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 *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority.