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HomeMy WebLinkAboutDSD-20-053 - B 2020-011 - 98 Strange StStaff Report 1 Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 17, 2020 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: March 4, 2020 REPORT NUMBER: DSD -20-053 SUBJECT: Application B2020-011 98 Strange Street Approve with conditions Subject Property: 98 Strange Street Staff Report vx Development Services Department wwwkitchener.ca Report: The Owner is currently constructing a semi-detached dwelling on the property. Application B2020-011 proposes to sever each half of the semi-detached dwelling so that each half can have separate ownership. The retained lot has a width of 8.382 metres, a depth of 48.311-48.319 metres, and a lot area of 436.5 square metres. The severed lot is proposed to have a lot width of 8.32 metres, a depth of 48.319 metres and a lot area of 437.1 square metres. Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan and zoned Residential Five Zone (R-5) in Zoning By-law 85-1. 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 compatible with the existing community. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and both parcels of land can be serviced with independent and adequate service connections to municipal services. 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. City Planning staff conducted a site inspection of the property on March 3, 2020. Semi -Detached Dwelling Under Construction — 98 Strange Street Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: According to Schedule D of the Official Plan, Strange Street has a designated ultimate width of 20m. The current width of the right-of-way is 16m. A road widening of approximately four (4) metres will be required to be conveyed to the City of Kitchener. A reference plan should be submitted noting the conveyance of lands to the City for approximately four (4) metres along the frontage of Strange Street. Additionally, a Phase 1 and Phase 2 (if required based on the Phase 1 assessment results) Site Assessment (contamination review) should be submitted to the City's Engineering Department. Heritage Comments: Heritage Planning staff has no concerns with this consent application. However, it should be noted that the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 98 Strange Street is located within the Warehouse District CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. 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 these properties, all prior to severance approval. Our records indicate municipal services are available for the proposed properties. Any further enquiries in this regard the services should be directed to Katie Wood (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. A servicing plan showing outlets to the municipal servicing system 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. Staff Report KN x Development Services Department wwwkitchener.ca Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as one new development lot will be created. The cash -in -lieu dedication required is $3,855.72 Environmental Planning Comments: Environmental Planning staff do not have any concerns with the proposed application. RECOMMENDATIONS: That Application B2020-011 proposing to sever a sever a lot with a lot width of 8.32 metres, a depth of 48.319 metres and a lot area of 437.1 square metres, be approved subject to the following conditions: 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. 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 pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $3,855.72. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (8.382) at a land value of $9,200 per frontage meter. 4. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 5. That the owner convey to the City of Kitchener, without cost and free of encumbrance, an approximately 3.9 metre wide road widening along the severed and retained parcel's entire Strange Street frontage, to the satisfaction of the City's Transportation Services. In addition, the owner shall submit a Phase 1, and if necessary, a Phase 2 Environmental Assessment to the satisfaction of the City's Engineering Services for the road widening on the severed portion. 6. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of all new service connections and the removal of redundant services to the retained lands. 7. 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. 8. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. Staff Report KN x Development Services Department wwwkitchener.ca 9. 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. 10. 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 retained lands. 11. That the Owner provides Engineering staff with confirmation that the basement elevation of the house 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. Garett Stevenson, MCIP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner N* Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 *Z11PPUa1Z [17 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-5754400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT March 5, 2020 Re: Comments for Consent Application B2020-010 through B2020-019 Committee of Adjustment Hearing March 17, 2020 CITY OF KITCHENER 123 Pioneer Drive CP Reit Ontario Properties Limited The owner/applicant is proposing a lease greater than 21 years for the existing Tim Hortons location and associated parking on the subject lands. Regional Staff has no objection to the proposed application. B2020-011 98 Strange Street Mohammad Abdullah c/o JEC Properties Inc. The owner/applicant is proposing a severance to split the existing lot to facilitate the development of a semi-detached building. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Noise: Regional Staff acknowledge that the subject development is within 300 metres of a rail line owned by Canadian National Railway. The owner/applicant is required to enter into an agreement with the City of Kitchener to register the following noise warning clause on title for the dwellings on the proposed severed and retained lands: Document Number: 3241892 Version: 1 "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 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 to register the following noise warning clause on title for the dwellings on the proposed severed and retained lands: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." B2020-012 to B2020-019 Valencia Avenue Activa Holdings Inc. The owner/applicant is requesting to create rear yard access easements for the street fronting townhouse blocks fronting onto Valencia Avenue. These properties are within Stage of the Huron Village Subdivision (File No. 30T-01201). Regional Staff has no objection to the proposed application. Document Number: 3241892 Version: 1 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: 3241892 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia 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, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner 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.