HomeMy WebLinkAboutDSD-2021-015 - B 2021-001 - 57 Barbara CresStaff Report `
Develo lnent5ervicesDepartr7ent www.kitchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 19, 2021
SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157
PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: January 8, 2021
REPORT NO.: DSD -21-015
SUBJECT: Consent Application B2021-001
57 Barbara Crescent
Owner: 2611601 Ontario Inc
Applicant: Janelle Hale
RECOMMENDATION:
That Application B2021-001 requesting consent to sever a parcel of land having a width
of 9.449 metres and an area of 354 m2 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 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 single detached dwelling existing as of January 6, 2021 be demolished to the
satisfaction of the City's Planning Division.
4. That the owner enters into a modified subdivision agreement with the City of Kitchener
to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning
and Director of Engineering Services, and this is to be registered on title of the retained
lands. Said agreement shall include the following special conditions:
a) The OWNER agrees that no building permits shall be applied for the severed or
retained lands until satisfactory arrangements are made with the CITY'S Chief Building
Official to install and maintain a direct -to -fire alarm monitoring system and fire
sprinkler system for each dwelling to be constructed
I. Satisfactory arrangements shall include the submission of drawings showing
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
the hardwiring in each dwelling.
II. No occupancy of each dwelling shall be permitted until the CITY'S Chief
Building Official has confirmed that such system is operational.
III. Such system shall remain operational in perpetuity as a responsibility of the
homeowner and this condition shall not be released from title unless and until
the CITY Solicitor is notified by the CITY'S Fire Chief that adequate protection
is otherwise provided and the maintenance of the system is no longer
mandatory.
5. That the Owner pays to the City of Kitchener a cash -in -lieu contribution for park
dedication equal in the amount of $4,346.54 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.
6. That the Owner makes satisfactory arrangements with the Director of Engineering for
payment towards future sidewalk installation along the frontage for the severed portion.
7. 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.
8. 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.
9. 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.
10. That the Owner provides a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
11. 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.
12. 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.
13. That prior to final approval, the owner/applicant submits the Regional consent review fee
of $350.00 per new lot created.
14. That prior to final approval, the owner/applicant must enter into an agreement with the
City of Kitchener to include the following noise mitigation and warning clauses in all
Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed
and retained lands:
a) The dwelling unit(s) must be installed with air -ducted heating and ventilation system,
suitable sized and designed with provision of adding a central air conditioning.
b) The dwelling unit(s) on the proposed severed and retained lands will be registered
with the following noise warning clauses on title:
i) "Purchasers/tenants are advised that sound levels due to increasing road
traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on
occasion interfere with some activities of the dwelling occupants as the sound
levels exceed the sound level limits of the Region of Waterloo and the Ministry
of the Environment Conservation & Parks (MOECP)."
ii) "This unit has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that the
indoor sound levels are within the sound level limits of the Region of Waterloo
and the Ministry of the Environment Conservation & Parks (MOECP)."
15. 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.
REPORT HIGHLIGHTS:
The application is requesting to create a lot by severing an existing lot into two equal sized lots.
Location Map: 57 Barbara Crescent
REPORT:
BACKGROUND:
The property is designated as Low Rise Residential in the City's Official Plan and identified as a
Community Area on the City's Urban Structure Map.
The property is zoned as Residential Four Zone in Zoning By-law 85-1.
Planning Comments:
The single detached dwelling on the property is proposed to be demolished and the applicant
proposes to build 2 single detached dwellings on the severed and retained lands. The existing
development of the neighbourhood consists of a mix of single detached dwellings and semi-
detached dwellings. Lot sizes vary in width, depth, and area in this neighborhood.
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
9.449 metres, depth of 36.523 metres, and an area of 345 square metres and the retained lot would
have a frontage of 9.449 metres, a depth of 36.523 metres, and an area of 345 square metres.
City Planning staff conducted a site inspection of the property on January 6, 2021.
Existing single detached dwelling at 57 Barbara Crescent
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.
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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.
Fire Comments (compiled from emails from Greg Reitzel):
This area of the city (once Stirling passes Greenbrook) is problematic as there is only one road access
to the area. Fire could not support additional density in the area unless it was just for a single detached
dwelling and they installed a sprinkler system and direct to fire home monitoring. Fire can support the
severance and building one house on each new lot as long as sprinkler systems are installed as well
as direct to fire home monitoring.
Heritage Comments:
No cultural heritage issues or 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. There is a City owned
tree at the front of this lot. This tree can be addressed as part of the required Tree
Preservation/Enhancement plan.
Transportation Services Comments:
Transportation Services will require funds to be dedicated to Engineering Services for a future 1.8m
concrete sidewalk along the entire length of frontage of the severed portion of the original property
(9.449m as noted on the submitted plan).
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 should be
directed to Niall Melanson (niall.melanson@kitchener.ca).
• 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.
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 $4,346.54.
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (9.449m) at a land value of $4,346.54 per frontage metre.
Region of Waterloo Comments:
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
Water Services:
Regional Staff advise that he 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 327.9 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.
Noise:
Regional Staff advise that the proposed severed and retained lots are located within close proximity
of Conestoga Parkway (Highway 7/8) and would be impacted from transportation noise from traffic
on the highway. Regional Staff require the following noise attenuation measures be implemented
through a registered agreement with the City of Kitchener, for both, the severed and the retained
lands:
1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system,
suitably sized and designed with provision of adding central air conditioning.
2) The dwelling unit(s) will be registered with the following noise warning clauses on title:
"Purchasers/tenants are advised that sound levels due to increasing road traffic on
King Street Bypass & Conestoga Parkway (Highway 7/8) may on occasions interfere
with some activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional of Waterloo and the Ministry of the Environment
Conservation & Parks (MOECP). "
ii. "This unit has been designed with the provision of adding central air conditioning at
the occupant's discretion. Installation of central air conditioning by the occupant in
low and medium density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Regional of Waterloo and the Ministry of the Environment
Conservation & Parks (MOECP). "
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
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
January 6, 2021
Re: Comments for Consent Applications B2021-001 to 62021-
003
Committee of Adjustment Hearing January 19, 2021
CITY OF KITCHENER
B2021-001
57 Barbara Crescent
2611601 Ontario Inc.
The owner/applicant is proposing a severance to create two lots. The existing dwelling
will be demolished and a new dwelling will be built on each lot.
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.
Water Services:
Regional Staff advise that he 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 327.9 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.
Noise:
Regional Staff advise that the proposed severed and retained lots are located within
close proximity of Conestoga Parkway (Highway 7/8) and would be impacted from
transportation noise from traffic on the highway. Regional Staff require the following
Document Number: 3508860 Version: 1
noise attenuation measures be implemented through a registered agreement with the
City of Kitchener, for both, the severed and the retained lands:
1) The dwelling unit(s) must be installed with air -ducted heating and ventilation
system, suitably sized and designed with provision of adding central air
conditioning.
2) The dwelling unit(s) will be registered with the following noise warning clauses on
title:
a. "Purchaser/tenants are advised that sound levels due to increasing road
traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on
occasions interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Region of Waterloo and
the Ministry of the Environment Conservation & Parks (MOECP)."
b. "This unit has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that
the indoor sound levels are within the sound level limits of the Region of
Waterloo and the Ministry of the Environment Conservation & Parks
(MOECP)."
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 include the following noise mitigation/warning clauses in all
Offers of Purchase and Sale, lease/rental agreements and condominium
declarations for all dwellings on the severed and retained lands:
a. The dwelling units(s) must be installed with air -ducted heating and
ventilation system, suitably sized and designed with provision of adding a
central air conditioning.
b. The dwelling unit(s) on the proposed severed and retained lands will be
registered with the following noise warnings clauses on title:
Purchaser/tenants are advised that sound levels due to increasing
road traffic on King Street Bypass & Conestoga Parkway (HWY
Document Number: 3508860 Version: 1
7/8) may on occasions interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the
Region of Waterloo and the Ministry of the Environment
Conservation & Parks (MOECP)."
ii. "This unit has been designed with the provision of adding central
air conditioning at the occupant's discretion. Installation of central
air conditioning by the occupant in low and medium density
developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MOECP)."
*Q11PA QIIIN
274 Shirley Avenue
2155389 Ontario Inc.
The owner/applicant is proposing a lot line adjustment to straighten the boundary line and
square up the corner of the lot at 300 Shirley Avenue.
Water Services:
Regional Staff advise 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 327.9 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.
B2021-003
124 Florence Avenue
Sam Antonops and Will Yohana
The owner/applicant is proposing a severance and will demolish the existing dwelling to
build two duplex dwellings on the new lots.
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.
Water Services:
Regional Staff advise 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 327.9 mASL will require individual pressure reducing devices on each water
Document Number: 3508860 Version: 1
service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental
Specifications for Municipal Services for January 2020.
Airport Regulation:
Regional Staff advise that there are no airport specific concerns for the subject
application. However, the owner/applicant is advised that these lands are within 6
kilometres of the airport outer surface and are subject to Region of Waterloo Airport
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.
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, MCIP, RPP
Document Number: 3508860 Version: 1
January 8, 2021
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 Via email only
Legislated Services, City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Dyson,
Re: January 19, 2021 Committee of Adjustment Meeting
Applications for Minor Variance
A 2020-100
9-11 Samuel Street
A 2021-001
630 Blair Creek Drive
A 2021-002
10 South Creek Drive
A 2021-003
45 Duke Street West
Applications for Consent
B 2021-001 57 Barbara Crescent
B 2021-002 274 Shirley Avenue
B 2021-003 124 Florence Avenue
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 aherremana_grand river. ca.
Sincerely,
Andrew Herreman, C15-1-1
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