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HomeMy WebLinkAboutDSD-2021-52 - B 2021-016 - 83 Second Avenue REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: April 9, 2021 REPORT NO.: DSD-21-052 SUBJECT: Consent Application B2021-016 83 Second Avenue Owner- Revalue Properties Inc. Applicant: - Boban Jokanovic RECOMMENDATION: That application B2021-016 for consent to sever into two lots 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(ies) to the satisfaction of Division; 2. That the owner pays to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $3785.80. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provides 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 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 4. 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. 5. That any new driveways are to Engineering Division. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7. That the Owner submits 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. 8. 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. 9. 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 Director of Planning and the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b) The owner further agrees to implement the approved plan. No changes to the of Planning and the Director of Parks and Cemeteries. c) That the Owner ensures any boulevard trees identified by the City for retention Director of Parks and Cemeteries and Planning. That prior to the issuance of any building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard Parks and Cemeteries. 10. That the Owner obtains a demolition permit for the portion of the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official. 11. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The application is requesting to sever the subject lands into two lots to build a semi-detached dwelling. Location Map: 83 Second Avenue REPORT: BACKGROUND: The property is designated as Low Rise Residential a Community Area Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property will be demolished and the applicant proposes to a semi-detached dwelling on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. The Owner is requesting permission to sever the subject lands into two lots to build a semi-detached dwelling. Both the severed and retained lots would have a lot width of 8.23 metres, a depth of 40.23 metres, and an area of 331 square metres. City Planning staff conducted a site inspection of the property on April 8, 2021. Existing single detached dwelling at 83 Second Avenue (January 22, 2021) 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 lot is desirable and appropriate. The uses of both the severed and retained parficial 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. 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 the existing building, as well as construction of the new residential building. 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. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. 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 service connections 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 Niall Melanson (niall.melanson@kitchener.ca). 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 new site infrastructure 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. Parks /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 $3,785.80. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (8.23m) at a land value of $9,200 per frontage meter. Proposed lot fabrics 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 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 application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: None. Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT April 9, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-015 to B2021- 024 Committee of Adjustment Hearing April 20, 2021 CITY OF KITCHENER B2021-015 83 Elmsdale Drive Novacore (83 Elmsdale Drive) Inc. The owner/applicant is proposing to create a 5 metre wide easement for sanitary service connections from Ottawa Street. Water Services: Regional Staff advise that Section B.2.12.3 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020 states: No more than one individual property shall be serviced by the same service regardless of ownership. In situations where a fire service is required due to infilling or site development after the water distribution system has been installed, private hydrants can be supplied by a separate service at the discretion of the municipality as long as it can be demonstrated that the fire line service will not be interconnected now or later with the domestic water system. In the case of multi-unit blocks, on-site servicing can be arranged to the property municipal system. In unique circumstances and with the approval by the Chief Municipal Engineer, more than one service may be allowed to one property. However, a testable Document Number: 3615619 Version: 1 backflow preventer in accordance with CAN/CSA-B64-10 shall be installed on The Region has no objection to the proposed application. B2021-016 83 Second Avenue Revalue Properties Inc. The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of two semi-detached dwellings. 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: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Conestoga Parkway (Highway 7/8). 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 will be fitted with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: i. The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air tral air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the Document Number: 3615619 Version: 1 indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). 3) Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. 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 will be fitted with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in b) That prior to the Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. c) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: i. The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). Document Number: 3615619 Version: 1 B2021-017 82 Pattandon Avenue Ellen and Kevin Genova The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of a semi-detached dwelling 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: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Ottawa Street South and rail noise from CN Railway mainline. Regional Staff recommend that the owner/applicant undertake a detailed environmental (road and railway) noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots and determine the necessary noise attenuation measures for the proposed dwellings. The recommendations of the detailed noise study will be implemented through a registered agreement with the City of Kitchener Alternatively, in lieu of an Environmental Noise Study, the following noise attenuation measures must be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the 2) The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. 3) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: i. The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed Document Number: 3615619 Version: 1 the sound level limits of the Waterloo Region and the Ministry of the ii. 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 iii. 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- 4) Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. Airport Zoning: The subject property falls within the Region of Waterloo International Airport Aeronautical Zoning Regulated area, specifically under the runway take-off approach surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning Regulations. Although there would not be any airport specific concerns for the proposed dwellings, the applicant(s) must complete and submit the necessary Form(s) as may be required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca Document Number: 3615619 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 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 will be fitted with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in b. The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. c. That p Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. d. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: i. The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the ii. 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 iii. 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 Document Number: 3615619 Version: 1 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- B2021-018 to B2021-020 942 Doon Village Road Elev8 Properties Inc. The owner/applicant is proposing a severance to create a total of four residential lots. The existing single detached dwelling would be removed on the retained lands. The severed lands will have a shared access with the 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 3 = $1050.00) prior to final approval of the consent. Water Services: The subject property is located in Kitchener Zone 2w with a static hydraulic grade line of 361 mASL. Any development with a finished road elevation below 304.6 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. Environmental Noise: The proposed dwellings on severed and retained lots will have impacts from transportation noise from traffic on Doon Village Road. A detailed environmental noise study will be required to assess the impacts of transportation noise from traffic on Doon Village Road and determine the required noise attenuation measure, as may be required for the proposed dwellings on severed and retained lots. Due to abruptly changing grades on the property, an accurate assessment of noise levels should be made in the noise report at various locations i.e. facades, living rooms, sleeping rooms of the proposed dwelling units. The recommendations of the noise study will be implemented through a registered agreement with the City of Kitchener, as a Regional condition for the above application. The noise consultant must be pre-approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, Document Number: 3615619 Version: 1 submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with one electronic copy of the report to the Region of Waterloo. The 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.permitcentral.ca/Permit/GroupApply?groupId=3 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 complete an Environmental Noise Study and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. B2021-021 to B2021-023 654 Rockway Drive Paul and Flora Nelson The owner/applicant is proposing a severance to create a total of four residential lots to accommodate two semi-detached dwellings on the subject property. Regional Fee: Regional Staff confirm receipt of the required consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00). Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on King Street East (Regional Road #08) and Charles Street. 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: Document Number: 3615619 Version: 1 1) The dwelling will be fitted with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: i. The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of ii. -ducted heating system and has been designed with the provision of adding central air conditioning at the 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 Waterloo Region and the Ministry of the 3) Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) 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 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: i. The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Document Number: 3615619 Version: 1 Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment ii. -ducted heating system and has been designed with the provision of adding 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 Waterloo Region and the Ministry of the c. Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. B2021-024 59 Carisbrook Drive 59 Carisbrook Drive Ltd. The owner/applicant is proposing a lot addition to 34 Hillcrest Lane. The severed lands Hillcrest Lane. Regional Fee: Regional Staff confirm no fee is required. 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, Matthew Colley, Planner, MCIP, RPP Document Number: 3615619 Version: 1 April 8, 2021 Dianna Saunderson Via email only City of Kitchener 200 King StreetWest Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re:April 20,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A2021-01930 Waterbow Trail A2021-02611Whitney Place A2021-027573Guelph Street A2021-02811Springdale Drive A2021-02920Munroe Street A2021-03080Courtland Avenue East A2021-031660Avondale Avenue A2021-03281Waterloo Street Applications for Consent B2021-01583Elmsdale Drive B2021-01683Second Avenue B2021-01782Pattandon Avenue B2021-018-020942Doon Village Road B2021-021-023654Rockway Drive 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@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 1of 1 the Grand River Conservation Authority.