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HomeMy WebLinkAboutDSD-20-198 - B 2020-043 - 440 Lancaster St WStaff Repoil w r:�-rrtif R Development Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner - 519-741-2200 ext. 7110 WARD: 10 DATE OF REPORT: November 4, 2020 REPORT #: DSD -20-198 SUBJECT: APPLICATION: B2020-043 440 Lancaster Street West Owner: Udaipal Malhi & Gurmanpal Malhi Applicant: Boban Jokanovic Approve with conditions I 1 Subject Property . '.im L) Z i Location Map — 440 Lancaster Street West REPORT The subject property located at 440 Lancaster Street West is designated Low Rise Residential in the Official Plan and zoned Residential Six Zone (R-6) in the Zoning By-law. The property currently contains a single detached dwelling. The neighbourhood consists primarily of a mix of single detached dwellings and small apartment buildings. To the rear of the lot there are some industrial uses. Lot sizes vary in width, depth, and area. The Applicant intends to demolish the existing building and is requesting consent to sever the subject property into two lots for future single detached dwellings. The severed lot would have a frontage of 9.326 metres, depth of 28.652 metres, and an area of 358.57 square metres and the retained lot would have a frontage of 10.552 metres, a depth of 28.652 metres, and an area of 302.32 square metres. Severance Sketch Photo of subject property Planning staff conducted a site inspection on October 27, 2020. FPA h.2- t4 76 33 PART N 58R - VIC k Ld CTCU0 9 wcR VTf CO 15.09M x 6.05M PROPOSED 2 STOREY DWELLING LOT AREA = 358,57 Som f QQ r - BUILDING AREA = 121.49 som C m < -3t ay COVERAGE 339% m 0 DIA U 01 4 88,33,00, E 28,652 015 — ------------ PROPOSED 2 570REY i r- -0 Oiq DrA DWELLING L07 AREA = 302-32 50M BUILDING AREA = 121,49 SOM COVERAGE= 402% �Lz- 15.09M x $,05M I BUILDING FOOTPRINT DIA /V 89 rv�v' F (,aw N 89*3420" E �cc CD 1B N 88'32'55- E 42.6724 Severance Sketch Photo of subject property Planning staff conducted a site inspection on October 27, 2020. FPA Planning Comments: 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, both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law 85-1, 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 can be serviced with independent and adequate service connections to municipal services. The resultant lots will be compatible in size with the lots in the surrounding area. Based on the foregoing, Planning staff recommends that Consent Application B2020-043 requesting consent to sever the subject property into two lots be approved, subject to the conditions listed in the Recommendation section of this report. 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 ones 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 Eric Riek (519-741-2200 ext. 7330). • Any new driveways are to be built to City of Kitchener/Region of Waterloo 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 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. Environmental Planning Comments: Standard condition on both the severed and retained lands to enter into an agreement to complete tree preservation / enhancement plan prior to demolition permit issuance is required. 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 Transportation Comments: As the subject property for this application falls on a Regional Road, Transportation Services does not have any concerns with the proposed application. 3 Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $4,289.96. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (9.326m) at a land value of $9,200 per frontage meter. Region of Waterloo Comments The owner/applicant is proposing a severance to create a new residential lot. The proposed severed and retained lands would be redeveloped with residential dwellings. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Access Permit: Regional Staff will require a Regional Access Permit with fee of $100.00 for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional Road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Application-and-Payment- for-an-Access-Permit Environmental Noise: Regional Staff note the existing and the proposed development would have impacts from the road noise on Lancaster Street West (RR #29). Regional Staff require the owner/applicant to submit an environmental noise study as a condition of final approval and to enter into a registered development agreement with the Region of Waterloo to secure implementation of any noise mitigation/warning clauses. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: httas://rmow.Dermitcentral.ca/ Site Servicing / Work Permit / Municipal Consent: A servicing plan has not been provided with the above application. Regional Staff note that Municipal Consent will be required for the installation of any proposed/required service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region's right of way. In this regard, please visit https://rmow.Permitcentral.ca/ for further guidance. Water Services: Regional Staff advise that the subject property is located in Kitchener Pressure Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 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 2020. 0 The Region has no obiection 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 complete the required Access Permits on the severed and retained lands to the satisfaction of the Region. 3) That prior to final approval the owner/applicant complete an Environmental Noise Study to the satisfaction of the Region of Waterloo and, if necessary, enter into an agreement with the Region of Waterloo to secure implementation of the study's recommendations in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations. RECOMMENDATION: A. That Application B2020-043 requesting consent to sever a parcel of land having a width of 9.326 metres and an area of 358.57 m2 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 to the satisfaction of the City's Revenue Division. 2. That the Owner provides 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 dwelling existing as of October 27, 2020 be demolished to the satisfaction of the City's Chief Building Official. 4. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $4,289.96 which is required on the severed parcel as a new developable lot will be created by the severance. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion to the satisfaction of the Director of Operations. 5. That the Owner makes 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. 6. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 7. That any new driveways are to 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. A 8. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. 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. 10. 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. 11. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 12. That prior to final approval the owner/applicant complete the required Access Permits on the severed and retained lands to the satisfaction of the Region. 13. That prior to final approval the owner/applicant complete an Environmental Noise Study to the satisfaction of the Region of Waterloo and, if necessary, enter into an agreement with the Region of Waterloo to secure implementation of the study's recommendations in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations. 14. 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 where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. 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. Richard Kelly -Rue z, BES Planner li <, Lek 'Juliane von Westerholt, BES, MCIP, RPP Senior Planner 0 N14*4r 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 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT November 6, 2020 Re: Comments for Consent Applications B2020-042 to 62020- 044 Committee of Adjustment Hearing November 17, 2020 CITY OF KITCHENER B2020-042 103 Schweitzer Street 2477865 Ontario Inc. The owner/applicant is proposing a severance to develop a new residential dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 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. B2020-043 440 Lancaster Street West Udalpal Mallhl The owner/applicant is proposing a severance to create a new residential lot. The proposed severed and retained lands would be redeveloped with residential dwellings. Document Number: 3447261 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Access Permit: Regional Staff will require a Regional Access Permit with fee of $100.00 for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional Road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms. regionofwaterloo. ca/ePay/PDLS-Online-Payment-Forms/Application-and- Paym ent-for-an-Access-Permit Environmental Noise: Regional Staff note the existing and the proposed development would have impacts from the road noise on Lancaster Street West (RR #29). Regional Staff require the owner/applicant to submit an environmental noise study as a condition of final approval and to enter into a registered development agreement with the Region of Waterloo to secure implementation of any noise mitigation/warning clauses. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. Perm itcentral.ca/ Site Servicing / Work Permit / Municipal Consent: A servicing plan has not been provided with the above application. Regional Staff note that Municipal Consent will be required for the installation of any proposed/required service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance. Water Services: Regional Staff advise that the subject property is located in Kitchener Pressure Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 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 2020. 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. Document Number: 3447261 Version: 1 2) That prior to final approval the owner/applicant complete the required Access Permits on the severed and retained lands to the satisfaction of the Region. 3) That prior to final approval the owner/applicant complete an Environmental Noise Study to the satisfaction of the Region of Waterloo and, if necessary, enter into an agreement with the Region of Waterloo to secure implementation of the study's recommendations in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations. B2020-044 956-962 Glasgow Street MHBC Planning The owner/applicant is proposing to facilitate the creation of required easements for maintenance, sanitary and storm servicing for the subject lands. Consent applications B2020-034 to B2020-036 were recently approved to sever the existing condominium units on the subject lands into individual conveyable lots to facilitate the termination of Waterloo Standard Condominium Plan No. 262. The proposed easements are required to service the newly created lots. The Region has no objection to the proposed 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, 6 �_ Matthew Colley, Planner Document Number: 3447261 Version: 1 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. 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 and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River