Loading...
HomeMy WebLinkAboutDSD-20-095 - B 2020-020 to B 2020-023 & A 2020-042 - 940, 944 & 948 Chapel Hill Crt & 17 Stafford LnStaff Report Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 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: 4 DATE OF REPORT: August 10, 2020 REPORT NUMBER: DSD -20-095 SUBJECT: Applications A2020-042, B2020-020, B2020-021, B2020-022, & B2020-023 17 Stafford Lane & 940, 944, and 948 Chapel Hill Court Owners — 2628793 Ontario Inc. & Cailin and Blake Hill Applicant — Dave Aston, MHBC Planning Ltd Approve with conditions G It54 5TPFF�� LANE O ` 25 � 17 Y 5 f S 992 948 f P 192 944 949 935 936 932 s51 sea 198 V4 ss 935 - 931 Hydro Corridor Trail 92 T" YM'drol "+l_,,/ 923 919 916 912 Subject Properties: 17 Stafford Lane & 940, 944, and 948 Chapel Hill Court Staff Deport Development Services Department Report: wwwkitchener.ca The applications seek to transfer portions of land between four different lots, being three newly registered lots and one adjacent large lot. The lot line adjustments are proposed so that the owners of 17 Stafford Lane can increase the depth of a portion of their lot to have ownership of an existing tree line, in exchange for reducing their lot depth in a separate location. Specifically: - Lot Addition Application B2020-020 for 948 Chapel Hill Court is to convey as a lot addition 76.1 square metres (Part 1) to 17 Stafford Lane. - Lot Addition Application B2020-021 for 944 Chapel Hill Court is to convey as a lot addition 13.1 square metres (Part 2) to 17 Stafford Lane. - Lot Addition Application B2020-022 for 17 Stafford Lane is to convey as a lot addition 7.5 square metres (Part 3) to 944 Chapel Hill Court. - Lot Addition Application B2020-023 for 17 Stafford Lane is to convey as a lot addition 66.0 square metres (Part 4) to 940 Chapel Hill Court. A minor variance application is also proposed for one property. Minor Variance Application A2020-042 for 948 Chapel Hill Court to request relief of a rear yard setback of 6.0 metres, whereas 7.5 metres is required. 17 Stafford Lane Part 1 Part 2 LEGEND Pan Area Severed from Lot Added to Lot 1 1 76-1 948 Cha 1 HIII Court 17StafIOrd Lane 2 944 ChaW full Court 17 Stafford Lane 3 _13.1 7.5 17 Stafford Lane 944 Cha el Hill Court 4 66.0 17Stafford Lane LWChapel Hill Court +O �� w E M1 ti t2 4m _(940) , Part 3 Part 4` Severance Sketch Excerpt provided by the Applicant I r r Staff Report Development Services Department wwwkitchener.ca Planning Comments: Severance/Lot Addition Applications The subject property is designated Low Rise Residential in the City's Official Plan. Lands designated as Low Rise Residential are planned to accommodate a full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low- rise housing. The subject properties are identified as a Community Area within the City's Urban Structure. The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. The property municipally addressed as 17 Stafford Lane is zoned as Residential Two (R-2) in the City's Zoning By-law 85-1. Single detached dwellings are permitted on lots with a minimum lot area of 929.0 square metres and a minimum lot width 24.0 metres. The three properties municipally addressed as 940, 944, and 948 Chapel Hill Court are zoned as Residential Three (R-3) in the City's Zoning By-law 85-1. Single detached dwellings are permitted on lots with a minimum lot area of 411 square metres and a minimum lot width of 13.7 metres. None of the lot additions impact or change existing lot widths. When all lot additions are fully completed, the lots will have the following areas all of which conform to the existing zoning: - 17 Stafford Lane, 2356.7 square metres - 940 Chapel Hill Court, 484.6 square metres - 944 Chapel Hill Court, 421.3 square metres - 948 Chapel Hill Court, 593.6 square metres 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 lot additions, and resulting lots, all conform to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The land transfers will retain an existing tree line. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, all lots will continue to front on an established public street, and the four resulting lots meet the minimum zoning requirements for size. 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. Minor Variance Application As Lot Addition Application B2020-020 proposes to convey a portion of the rear yard of 948 Chapel Hill Court (Part 1) to 17 Stafford Lane, Minor Variance Application A2020-042 is also requested to permit a rear yard setback of 6.0 metres whereas 7.5 metres is required. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan The subject property is designated as Low Rise Residential. A full range of low density housing types are permitted including single detached dwellings. The requested variance Staff Report Development Services Department wwwkitchener. ca to reduce the rear yard for the future dwelling at 948 Chapel Hill Court is appropriate and maintains the existing tree line, providing separation between the existing dwelling at 17 Stafford Lane and the future dwelling. Planning staff is of the opinion that the requested variances meet the intent of the Official Plan. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law The Residential Three (R-3) requires a 7.5 metres setback from the rear lot line to ensure there is adequate rear yard amenity space. The property in question will be developed with a single detached dwelling. The reduction in the rear yard setback will have a minimal effect on the rear yard amenity space. As such, staff is satisfied the requested variance to reduce the rear yard setback to 6.0 metres whereas 7.5 metres is required meets the general intent of the Zoning By-law. The Requested Variance is Minor The proposed reduction in the rear yard setback will be negligible and will not impact the existing neighbourhood. Therefore, Staff is of the opinion that the requested variance is minor. Application in Appropriate The variance is appropriate for the development and use of the land. The requested variance will not impact the existing character of the surrounding neighbourhood as it is consistent with other newer developments in the community. City Planning staff conducted a site inspection of the property on April 22, 2020. 940, 944, and 948 Chapel Hill Court Staff Report Development Services Department wwwkitchener.ca Existing Treeline at the rear of 17 Stafford Lane Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: No heritage planning concerns. 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 17 Stafford Lane is located within the Caryndale Neighbourhood. 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: Engineering has no comments or concerns. Staff Report Development Services Department wwwkitchener.ca Operations Comments: Parts 1 and 2 - Parkland dedication is not required for this application as parkland dedication was taken at time of subdivision registration (30T-12203). Parts 3 and 4 - Parkland dedication is not required for this application as no new developable lot has been created. Environmental Planning Comments: Environmental Planning can support the proposed lot line adjustments as the intent is to preserve trees. The trees were identified to be retained within the Detailed Vegetation Plan for Draft Plan of Subdivision 30T-12203. An update/amendment to the approved Detailed Vegetation Plan (DVP) Chalon Estates, dated October 17, 2018 prepared by MHBC Planning will be required. The existing Tree Protection Fencing will need to be adjusted as per the updated/amended DVP and recertified prior any further grading or site alteration. Grand River Conservation Authority Comments: The applications are located outside the Grand River Conservation Authority area of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. RECOMMENDATIONS: That Lot Addition Application B2020-020 for 948 Chapel Hill Court is to convey as a lot addition 76.1 square metres (Part 1) to 17 Stafford Lane, 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 submit draft transfer documents to the satisfaction of the City Solicitor. 3. 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. 4. That prior to final approval, the owner/applicant submits the Regional consent review fee of $350.00 to the Region of Waterloo. 5. That Minor Variance Application A2020-042 for 948 Chapel Hill Court to request relief of a rear yard setback of 6.0 metres whereas 7.5 metres is approved. II. That Lot Addition Application B2020-021 for 944 Chapel Hill Court is to convey as a lot addition 13.1 square metres (Part 2) to 17 Stafford Lane, 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 Staff Report Development Services Department wwwkitchener.ca 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 submit draft transfer documents to the satisfaction of the City Solicitor. 3. 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. 4. That prior to final approval, the owner/applicant submits the Regional consent review fee of $350.00 to the Region of Waterloo. III. That Lot Addition Application B2020-022 for 17 Stafford Lane is to convey as a lot addition 7.5 square metres (Part 3) to 944 Chapel Hill Court, be approved subject to the following conditions: 1. 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 submit draft transfer documents to the satisfaction of the City Solicitor. 3. 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. 4. That prior to final approval, the owner/applicant submits the Regional consent review fee of $350.00 to the Region of Waterloo. IV. That Lot Addition Application B2020-023 for 17 Stafford Lane is to convey as a lot addition 66.0 square metres (Part 4) to 940 Chapel Hill Court, 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 submit draft transfer documents to the satisfaction of the City Solicitor. 3. 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. Staff Report Development Services Department wwwkitchener.ca 4. That prior to final approval, the owner/applicant submits the Regional consent review fee of $350.00 to the Region of Waterloo. V. That Minor Variance Application A2020-042 for 948 Chapel Hill Court to request relief of a rear yard setback of 6.0 metres whereas 7.5 metres be approved. Garett Stevenson, MCIP, RPP Senior Planner tek (14111� Juliane von Westerholt, 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 Bth Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT July 14, 2020 Re: Comments for Consent Application B2020-020 to 62020- 025 and CC2020-001 Committee of Adjustment Hearing TBD CITY OF KITCHENER 940-948 Chapel Hill Court and 17 Stafford Lane Crescent Homes and Cailin and Blake Hill The subject lands are located in Doon South and the properties on Chapel Hill Court are currently vacant and are proposed to be developed with one single detached dwelling on each lot. 17 Stafford Lane is a residential lot with an existing dwelling and shed. The owner/applicant is proposing lot line adjustments and a land conveyance that would allow the land owners of 17 Stafford Lane to maintain ownership of the tree line between their property and the abutting residential lots at 944 and 948 Chapel Hill Court. In exchange there would be an increase in the size of the rear yards for the lots at 940 and 944 Chapel Hill Court. Regional Staff has no objection to the proposed application. *k11Pk1a1YZI 124 Walker Street Mitchell Courtney and Alexandra Oliveira The owner/applicant is proposing a severance to split the existing lot to facilitate the development of a semi-detached building. Document Number: 3286721 Version: 1 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. Airport Regulation: Regional Staff advise that the subject lands are located within 6 kilometres of the Region of Waterloo Airport and are subject to the Airport's Zoning regulations. For any further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca 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. *kIYUKIN-1 285 Connaught Street Vladan and Mira Knezevic The owner/applicant is requesting to sever a rear section of the subject property to add to the lot located at 153 Fifth Avenue. Airport Regulation: Regional Staff advise that the subject lands are located under the airport runway take- off approach surface and Region of Waterloo Airport's Zoning regulations. The occupants would be subject to the presence and noise from flying aircrafts. For any further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca Regional Staff has no objection to the proposed application. CC2020-001 75 Tillsley Drive Governing Council of the Salvation Army in Canada The owner/applicant is proposing a change to conditions to the previously approved consent application B2019-011. The purpose of the original application was to permit a lot severance from the existing 2.64 -hectare parcel of land. The owner/applicant has expressed difficulties with fulfilling City of Kitchener conditions related to the deed of endorsement and the solicitor's undertaking immediately following registration of the severance deed as the owner/applicant is a not-for-profit organization. Regional Staff has no objection to the proposed application. Document Number: 3286721 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: 3286721 Version: 1 Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West Avenue — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2763 ext. 2319 Chris Foster -Pengelly, Resource Planner Fax: (519) 621-4884 cfosterpengelly@g rand rive r.ca PLAN REVIEW REPORT TO: City of Kitchener Holly Dyson DATE RE: April 24, 2020 YOUR FILE: B 2020-022 Application for Consent B2020-022 17 Stafford Lane Cailin and Blake Hill/ David Aston and Luisa Vacondio, MHBC GRCA COMMENT: Grand River Conservation Authority (GRCA) has no objection to the consent application for the above -noted property to allow for a lot line adjustment. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that a portion of the property at 17 Stafford Lane contains the regulated allowance associated with the Strasburg Creek Wetland Complex. A copy of our resource mapping is attached for your reference. 2. Legislative/Policy Requirements and Implications: Due to the presence of wetland on adjacent lands, the property is regulated by the GRCA under Ontario Regulation 150/06. Any development within the regulated area will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. The application requests permission for a lot line adjustment and land conveyance. Based on our review of the Lot Line Adjustment Plan (prepared by MHBC Planning, dated January 23, 2020), we have no objection to the proposed severance. Please be advised that the proposed severance will result in a small portion of the property at 940 Chapel Hill Court falling within GRCA's regulated area. The associated minor variance (for 948 Chapel Hill Court) is located outside the GRCA's areas of interest. As such, we will not undertake a review of the application and a plan review fee will not be required. 3. Plan Review Fees: In accordance with GRCA's 2020 Plan Review Fee Schedule, this application is considered a `minor' consent and the applicable plan review fee is $420.00. The applicant will be invoiced accordingly by copy of this correspondence. Page 1 of 2 We trust that this information is of assistance. If you have any questions or require additional information please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengelly@grand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority C.C. Cailin and Blake Hill, Owner (via email) David Aston and Luisa Vacondio, Agent (via email) Page 2 of 2 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority.