Loading...
HomeMy WebLinkAboutDSD-2021-218 - B 2021-062 - 19-21 Wendy Crescent REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 2 REPORT NO.: DSD-2021-218 SUBJECT: Consent Application B2021-062 19-21 Wendy Crescent Owner: Ingrid Fehderau Applicant: Patrick Haramis RECOMMENDATION: That application B2021-062 for consent to sever the existing lot into two new lots for purposes of creating a lot for each unit in a semi-detached dwelling 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 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 $4,600.00. 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 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, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 10. That prior to final approval, the applicant submits a valid Section 59 notice to the Region of Waterloo. REPORT HIGHLIGHTS: The purpose of this report is to make a recommendation for the proposed request to create a lot by severing an existing lot into two lots. There are no financial implications to the City. This report supports the delivery of core services Proposed lot fabric Location Map: 19-21 Wendy Crescent REPORT: BACKGROUND: The property is designated as Low Rise Residential identified as a Community Area Map. The property is zoned as Residential Four Zone in Zoning By-law 85-1. Planning Comments: The semi-detached dwelling on the property was built in 1988. The applicant is now looking to sever the semi-detached dwellings so that each can function independently on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, and semi-detached dwellings. Most of the surrounding lots on Wendy Crescent are semi- detached dwellings. Lot sizes do vary in width, depth, and area in this neighbourhood. The Owner is requesting permission to sever the subject lands into two lots. The severed lot would have a lot width of 10.0 metres, a depth of 34.0 metres, and an area of 340.0 square metres. The retained lot would have a lot width of 10.0 metres, a depth of 34.0 metres, and an area of 340.0 square metres. City Planning staff conducted a site inspection of the property on November 2, 2021. Existing semi-detached dwelling at 19-21 Wendy 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 two separate lots for each side of the semi-detached dwelling is desirable and appropriate. The uses of both the severed and retained -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. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Heritage Comments: Heritage Planning has no concerns with this application. Environmental Planning Comments: Environmental Planning has no concerns with this application. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: If there are no new foundations proposed and the existing services are to remain, there are no engineering comments. If new foundations or services are proposed: 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 one sanitary and possibly two water services are currently available to service this property. Please note that a storm connection is not necessary if there are no new foundations proposed. Wendy Cres is fully serviced with sanitary sewer, storm sewer and water main. Any further enquiries in this regard should be directed to Katie Wood (katie.wood@kitchener.ca). Any new driveways are to be built to City of Kitchener standards. All works are at the 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: 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 $4,600.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (10.002m) at a land value of $9,200 per frontage meter. 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 sign 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: There are no previous reports/authorities related to this matter. Peter Ellis 519-503-2536 D20-20/21 KIT November 8, 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 Applications B2021-058, B2021-059, B2021- 060, B2021-061, and B2021-062 Committee of Adjustment Hearing November 16, 2021 CITY OF KITCHENER B2021-058 30 Third Avenue Florim Dragusha The owner/applicant is proposing to sever the existing lot into two separate 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. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental and Stationary Noise: The proposed dwellings on the severed and the retained lots will be impacted by traffic on Highway 7/8 ramps and Kingsway Drive. Staff note that the subject lands are in close proximity to traffic on the Highway 7/8 on-off ramps (100m) and Kingsway Drive (57m) and are exposed to the traffic on these high speed and high volume highways. Document Number: 3857636 Staff also note that there are many stationary noise sources in close proximity to the subject lands. Therefore, because of traffic and stationary noise impacts, a detailed environmental noise study will be required to assess these impacts and the resulting noise mitigation measures recommended for the proposed dwellings. A detailed environmental (transportation) noise study prepared by a qualified acoustical noise consultant will be required for review and approval by the Region of Waterloo. The requirement and implementation of an environmental noise study through a registered agreement with the City of Kitchener will be a Regional condition for this application. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Request ($500 original study and $250 for any revised noise study fee may apply) available at: https://rmow.permitcentral.ca/Permit/GroupApply?groupId=3 Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take-off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. 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 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 must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant is required to complete a detailed environmental noise study prepared by a qualified acoustical noise consultant to enter into an agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study which may include, but is not limited to, stationary noise recommendations, special building components, and noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. Document Number: 3857636 _____________________ B2021-059 169 Fifth Avenue Bojan and Petar Bijelic The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take-off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. 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 The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. ___________________ B2021-060 75 Tillsley Drive The Governing Council of the Salvation Army Canada / K. Barisdale (GSP Group) The owner/applicant is proposing to sever the current property into two lots. The retained lot would be added to the existing church and continue to be used for a religious institutional use while the proposed severed lot would be developed for residential use. This application is a resubmission of consent application B2019-011. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Document Number: 3857636 Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental and Stationary Noise: The proposed severed and retained lands will likely have impacts from road noise from traffic on Westmount Road (Regional Road No. 50). Stationary noise concerns were also identified. A report entitled prepared by GHD as well as an Addendum Report dated October 9, 2020 have been reviewed by Regional staff and comments were provided to the owner/applicant on July 5, 2019 and October 23, 2019 respectively. Accordingly, the recommendations of the noise study and addendum report, as accepted by the Region, will be required to be implemented through a registered agreement with the Region. It is noted that a Reference Plan (58R-20691) has been prepared by an Ontario Land Surveyor for part of the site. However, upon review, Regional staff note that the Reference Plan needs to be updated or a new one prepared to accompany the registered agreement with the Region as noise warning clauses are required for the daycare that operates out of the church building and this portion of the lands to be retained is not identified on the current R-Plan. Site Plan (Advisory Comments): Regional staff note that the proposed residential building on 525 Erinbrook Drive on the proposed severed lot from 75 Tillsley Drive is being developed through site plan application SP 19/043/E/AP and will be subject to those conditions. The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant is required to enter into an agreement with the Region of Waterloo to implement the conclusions and recommendations of the accepted Noise Feasibility Study (and Addendum Report), which includes, but is not limited to, stationary noise recommendations in the agreement as well as applicable noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. ________________ Document Number: 3857636 B2021-061 111 Schweitzer Street Dragan and Ana Ilic / Marija Ilic (Agent) The owner/applicant is proposing to officially sever the semi-detached dwellings on 111 and 113 Schweitzer Street into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. _____________ B2021-062 21 Wendy Crescent Ingrid Willms (Fehderau) / Patrick Haramis (JD Barnes Agent) The owner/applicant is proposing to officially sever the semi-detached dwellings into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Document Number: 3857636 The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. 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: 3857636 November 01, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 389 Robert Ferrie Drive No Concerns. 2) A 2021-122 256 Belmont Avenue West No Concerns. 3) A 2021-123 449 East Avenue No Concerns. 4) A 2021-124 184 Lakeside Drive No concerns. 5) A 2021-125 741 King Street West No Concerns. 6) A 2021-126 59 Frey Crescent No Concerns. 7) A 2021-127 1084 Union Street No Concerns. 8) A 2021-128 1333 Weber Street East No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 106 Belleview Avenue No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌБЏЌЎБЊ tğŭĻ Њ ƚŅ Ћ Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA@Kitchener.ca 2 November1, 2021 Sarah Goldrup Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re:Committee of Adjustment MeetingNovember 16, 2021 ______________________________________________________________________ Applications for Minor Variance A2021-11674Rutherford DriveA 2021-125741 King Street West A2021-11774Rutherford DriveA 2021-12659 Frey Crescent A 2021-121389 Robert Ferrie DriveA 2021-1271084 Union Street A 2021-122256 Belmont Avenue WestA 2021-1281333 Weber Street East A2021-123449East AvenueA 2021-129106 Belleview Avenue Application for Consent B2021-05474Rutherford Drive B 2021-05830 Third Avenue B 2021-059169 Fifth Avenue B 2021-06075 Tillsley Drive B 2021-061111 Schweitzer Street B 2021-06219-21 Wendy Crescent 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.