HomeMy WebLinkAboutDSD-2021-181 - B 2021-043 - 303 Park StREPORT TO:Committee of Adjustment
st,
DATE OF MEETING:September 212021
SUBMITTED BY:Bateman, Brian,Senior Planner,519-741-2200 ext. 7869
PREPARED BY:Seyler, Tim, Planner, 519-741-2200ext. 7860
WARD(S) INVOLVED:Ward 9
DATE OF REPORT:September 10,2021
REPORT NO.:DSD-2021-181
SUBJECT:Consent ApplicationB2021-043
303 Park Street
Owner:Mohammad Abdullah c/o JEC Properties Inc.
Applicant: Monika Cechovsky
RECOMMENDATION:
That application B2021-043for consent to severthe existing lotinto twonewlots for semi
detached dwelling purposes 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 pays to the City of Kitchener a cash-in-lieu contribution for park
dedication on the severed parcel equal in the amount of $3,491.86.Thepark 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 Surveyorin 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
the satisfaction of the City’s MappingTechnologist.
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 retained lands.
5.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.
6.That the Owner provides a servicing plan showing outlets to the municipal servicing
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
system to the satisfaction of the Director of Engineering Services.
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 andhave a gravity sewer from the property line to the street to the satisfaction
of the Director of Engineering Services.
9.That the owner provides compensation for removal of aCity owned tree, in the
amount of $1000.00 or a Landscape Plan prepared to City standards illustrating a new
street tree for each lot, for replacement plantings, and the boulevard restored to City
standards, tothe satisfaction of the City’s Director of Parks and Cemeteries.
10.That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
11.That prior to final approval, the owner/applicant enters 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:
i. 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
occupant’ s discretion.
ii. The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
a.Noise Warning Clause C: “The purchasers / tenants are advised that sound
levels due to increasing road traffic on Park Street and 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 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 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 Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)”.
b. Warning: “CN Railway/Goderich Exeter Railway or their assigns or successors
in interest has or have a rights-of-way within 300 metres from the land the
subject thereof. There may be alterations to or expansions of the railway
facilities on such rights-of-way in the future including the possibility that the
railway or its assigns or successors as aforesaid may expand its operations,
which expansion may affect the living environment of the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s). CN
Railway/Goderich Exeter Railway will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or under
the aforesaid rights-of-way.”
REPORT HIGHLIGHTS:
The application is requesting to create a lot by severing an existing lot into two lots.
To be retained
To be severed
Proposed lot fabrics
Location Map: 303 Park Street
REPORT:
BACKGROUND:
The property is designated as Low Rise Residentialin the City’s Official Plan and identified as Major
Transit Station Area on the City’s Urban Structure Map.
The property is zoned as Residential FiveZonewith Special Provision 129U in Zoning By-law 85-1.
Planning Comments:
The single detached dwellingon the property has beendemolishedandis being replaced withnew
semi-detached dwellings on the severedand retained lands. The existing development of the
neighbourhoodconsists of a mix of single detached dwellings, semi-detached dwellings, and multiple
dwellings. Lot sizes vary in width, depth, and area in this neighbourhood.
The Owner is requesting permissionto sever the subject lands into two equal sized lots. The severed
lot would have a lot width of 7.59metres, a depth of 45.9metres, and an area of 344.6square
metres, while the retained lot would have a lot width of 7.59metres, a depth of 42.3metres, and an
area of 329.3square metres.
City Planning staff conducted a site inspection of the property on September 3, 2021.
Existing single detached dwelling at 303 Park Street
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. 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. The lands front onto
a public street and full services are available.
Building Comments:
The Building Division has no objections to the proposed consent.
Heritage Comments:
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 and was the first step of a phased Cultural Heritage Landscape (CHL) conservation
process. The property municipally addressed as 303 Park Street is located within the proposed
revised boundaries of the Gruhn Neighbourhood CH. These proposed revisions were identified
during the work undertaken for the KW Hospital/Midtown Neighbourhood Planning Review in 2019.
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. For more information regarding the outcome of the KW
Hospital/Midtown NPR, please visit the following link: https://www.kitchener.ca/en/strategic-plans-
and-projects/k-w-hospital-midtown.aspx.
Environmental Planning Comments:
Environmental Planning has no concerns with this application. The applicant is required to provide
safeguardmeasures to ensure the health of the street tree is maintained during construction.
Please see Parks comments in regards to the tree removal at such time.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Engineering Comments:
-Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, andwater, 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 severanceapproval. 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 Jason Brule (jason.brule@kitchener.ca).
-Any new driveways are to be built to City of Kitchener standards. All works are 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 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 of land for Parkland Dedication is $3,491.86.
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the linear frontage (7.591m) at a land value of $9,200 per frontage meter.
Calculation: (5% x 7.591 l.m. street frontage) x $9,200 = $3,491.86.
City records indicate a good quality City-owned street tree (Freeman’s Maple)in the boulevard
(tree ID #10024791) and based on the issued building permits, this tree will have to be removed
and compensation provided for the tree. The boulevard should be restored to City standards – see
Development Manual for specifications. If the owner would like to provide replacement plantings, a
Landscape Plan to City standards should be submitted to Parks and Cemeteries for review and
approval illustrating a new street tree for each lot. If cash in lieu compensation is desired, payment
of $1000.00 is required. See appended plans from issued building permit.
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.
Environmental Noise:
The proposed dwellings on the severed and retained lot are located within 300 metres (185 metres
approximately) of the CN railway mainline and abutting a busy municipal street (Park Street).
Therefore the proposed dwellings may have potential impacts from the transportation noise in the
vicinity.
In lieu of the applicant undertaking a detailed environmental noise study to assess the
environmental noise impacts on the proposed residential dwellings on retained and severedlots,
and implementing the recommendations from the noise study through a registered agreement with
the City of Kitchener, Regional staff agree to secure and implement the conditions below through a
registered agreement with the City of Kitchener, for alldwelling units on both, the retained and the
severed lots:
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 future, at the occupant’ s discretion.
B) The following noise warning clause will be included in all offers of purchase, deeds and
rental agreements:
a) Noise Warning Clause C: “The purchasers / tenants are advised that sound levels due to
increasing road traffic on Park Street and 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 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 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 Waterloo Region and the Ministry of the Environment Conservation and Parks
(MECP)”.
b) Warning: “CN Railway/Goderich Exeter Railway or their assigns or successors in interest
has or have arights-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). CN
Railway/Goderich Exeter Railway will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or under the aforesaid
rights-of-way.”
The Region has no objectionto 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:
i. 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 occupant’
s discretion.
ii. The following noise warning clause will be included in all offers of purchase, deeds and
rental agreements:
a.Noise Warning Clause C: “The purchasers / tenants are advised that sound levels
due to increasing road traffic on Park Street and 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
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 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 Waterloo Region and the
Ministry of the Environment Conservation and Parks (MECP)”.
b. Warning: “CN Railway/Goderich Exeter Railway or their assigns or successors in
interest has or have a rights-of-way within 300 metres from the landthe 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). CN Railway/Goderich Exeter Railway will not be responsible
for any complaints or claims arising from use of such facilities and/or operations on,
over or under the aforesaid rights-of-way.”
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’swebsite 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.
Peter Ellis
519-503-2536
D20-20/21 KIT
September 10, 2021
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re:Comments for Consent ApplicationB2021-043
Committee of Adjustment Hearing September 21,2021
CITY OF KITCHENER
B2021-043
303 Park Street
Mohammad Abdullah (JEC Properties) /Monika Cechovsky (Vitali Design/Build)
The owner/applicant is proposing to split the lot to build two semi-detached 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.
Environmental Noise:
The proposed dwellingsonthe severed and retained lot are located within 300 metres
(185 metres approximately) of the CNrailway mainlineand abutting a busy municipal
street (Park Street).Therefore the proposed dwellings may have potential impacts from
the transportation noise in the vicinity.
In lieu of the applicant undertaking adetailed environmental noise study to assess the
environmental noise impactson the proposed residential dwellings on retained and
severed lots,and implementing the recommendations from the noise study through a
registered agreement with the City of Kitchener, Regional staff agree to secure and
implement the conditions below through a registered agreement with the City of
Kitchener, for all dwelling units on both, the retained and the severed lots:
Document Number: 3818934
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 future, at the
occupant’ s discretion.
B)The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
a)Noise Warning Clause C:
“The purchasers / tenants are advised that sound levels due to increasing road
traffic on Park Streetand 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 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 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 Waterloo Region
and the Ministry of the Environment Conservation and Parks (MECP)”.
b)Warning: “CN Railway/Goderich Exeter Railway or their assigns or
successors in interest has or have a rights-of-way within 300 metres from the
land the subject thereof. There may be alterations to or expansions of the
railway facilities on such rights-of-way in the future including the possibility
that the railway or its assigns or successors as aforesaid may expand its
operations, which expansion may affect the living environment of the
residents in the vicinity, notwithstanding the inclusion of any noise and
vibration attenuating measures in the design of the development and
individual dwelling(s). CN Railway/Goderich Exeter Railway will not be
responsible for any complaints or claims arising from use of such facilities
and/or operations on, over or under the aforesaid rights-of-way.”
The Region has no objectionto the proposed application, subject to the following
conditions:
1)That prior to finalapproval, 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:
Document Number: 3818934
i.Thedwelling 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 occupant’ s discretion.
ii.The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
a.Noise Warning Clause C: “The purchasers / tenants are advised that
sound levels due to increasing road traffic on Park Street and 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 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 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 Waterloo
Region and the Ministry of the Environment Conservation and Parks
(MECP)”.
b.Warning: “CN Railway/Goderich Exeter Railway or their assigns or
successors in interest has or have a rights-of-way within 300 metres from
the land the subject thereof. There may be alterations to or expansions of
the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment
of the residents in the vicinity, notwithstanding the inclusion of any noise
and vibration attenuating measures in the design of the development and
individual dwelling(s). CN Railway/Goderich Exeter Railway will not be
responsible for any complaints or claims arising from use of such facilities
and/or operations on, over or under the aforesaid rights-of-way.”
Document Number: 3818934
General Comments
Any future development on the lands subject to the above-noted consent application 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,
Peter Ellis, MES
Principal Planner
Document Number: 3818934
September 9, 2021
Dianna Saunderson Via email only
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Saunderson,
Re:September 21, 2021Committee of Adjustment Meeting
______________________________________________________________________
Applications for Minor Variance
A 2021-084210 Tartan Avenue
A 2021-09221 Nine Pines Road
A 2021-0931248 Ottawa Street South
A 2021-09450 Valleybrook Drive
A 2021-0951791 Glasgow Street
A 2021-09661 Warren Road
A 2021-09717-19 Peter Street
A 2021-09816-20 Queen Street North
A 2021-099111 Gay Crescent
A 2021-100932 Eaglecrest Court
A 2021-10120 Pearson Street & 160 Bullock Street
A 2021-102695 Block Line Road
A 2021-103 to 104331 & 341 Hesh Crescent
Application for Consent
B 2021-043303 Park 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 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.