Loading...
HomeMy WebLinkAboutDSD-2021-241 - B 2021-064 - 500 Karn Street REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Dumart, Craig, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: November 30, 2021 REPORT NO.: DSD-2021-241 SUBJECT: Consent Applications B2021-064 500 Karn Street Owners: Calin and Adriana Pele Applicant: Calin and Adriana Pele RECOMMENDATION: That applications B2021-064 consent to create one new lot and retain one lot to be used for single detached dwellings 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 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 3. That the Owner obtains a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the lots. 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 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 and retained lands. 6. That any new driveways are to be bu Engineering Division. *** 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 provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. 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. 9. 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. 10. That the owner shall replace or protect the City-owned tree impacted by proposed severance to the satisfaction of the Director of Parks and Cemeteries. 11. 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 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 Director of Planning. 12. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The applicant is requesting to create one new lot and retain one lot equal in size to be used for single detached dwellings. Proposed lot fabrics Location Map: 500 Karn Street REPORT: BACKGROUND: The property is zoned as Residential Four Zone in Zoning By-law 85-1. The subject property is located near the intersection of Westmont Drive West and Karn Street. 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. Previous applications (Reports DSD-19-060 and DSD-20-142) were applied for this property to sever the lot as proposed and the applicant failed to clear conditions within a year. City Planning staff conducted a site inspection of the property on November 26, 2021. Existing single detached dwelling at 500 Karn Street Planning Comments: Consent The applicant is requesting consent to create one new lot and one retain lot equal in size. To facilitate the redevelopment of the subject lands the applicant is proposing to demolish the existing single detached dwelling on the property and replace it with single detached dwellings on the severed and retained lands. The severed lot would have a lot frontage of 10.21 metres and an area of 439.5 square metres, while the retained lot would also have a lot frontage of 10.21 metres, and an area of 439.3 square metres. Zoning By-law The subject property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The R-4 zone permits a range of low density dwelling types such as single detached dwellings. The R-4 Zone requires a minimum lot width of 9.0 metres and minimum lot area of 235 square metres for single detached dwellings. The proposed lot widths and lot areas of the proposed severed and retained lots exceed the minimum R-4 zone lot width and lot area requirements. Official Plan The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The Low Rise Residential land use designation permits a full range of low density housing types which may include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low- rise multiple dwellings. The Low Rise Residential land use designation encourages mixing and integrating different forms of housing to achieve and maintain a low-rise built form. The maximum net residential density for lands which are designated Low Rise Residential will be 30 units per hectare. The proposed severance is in accord with this aspect of the Official lan and maintains the residential land use designation. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, The proposed lot widths and lot areas of the proposed severed and retained lots exceed the minimum R-4 zone lot width and lot area requirements and minor variances are not required. 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 neighbourhood which is developed with single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and area. The lands front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed consent application. Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener Official Plan. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit-supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the proposed application will facilitate a form of gentle intensification of the subject property with the creations of lots and future single detached dwellings that are compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and the subject lands are in closer proximity to trails and parks. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. repr targets. The severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area. The subject lands are designated Built-Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking-water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. Planning Conclusions 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 p 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. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. 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 buildings. Heritage Comments: Heritage Planning staff does not have any concerns with the proposed application. Environmental Planning Comments: Standard condition on both the severed and retained lands to enter into an agreement to complete tree preservation / enhancement plan prior to demolition permit issuance. 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 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. Karn St. has sanitary sewer and water main but no storm sewer. Any further enquiries in this regard should be directed to Eric Riek (eric.riek@kitchener.ca). Since no storm sewers exist, the sump pumps will need to discharge to an infiltration gallery in the rear yards. Any new driveways are to be built to City of Kitchener 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: Park Dedication has been paid (Sept. 24 2021) in conjunction with Committee of Adjustment application B2020-031 (no endorsement). A City-owned tree will be impacted by the proposed development and the owner shall fulfill one of the following three possible requirements: 1) 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 Protection and Enhancement Plan, demonstrating protection of the City-owned tree that is located adjacent to the severed and retained lands, to the n shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior emeteries. b) The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, Parks & Cemeteries. c) The owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life the development. OR 2. 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 Street Tree Planting Plan that shows the replacement of the City-owned tree to be removed (located adjacent to the severed and retained lands) with 2 suitable trees, in accordance with the City of Kitchener Development Manual Cemeteries. b. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction of OR 3. Make arrangements regarding financial compensation for the tree to be removed, to the r of Parks & Cemeteries. 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: DSD-19-060 DSD-20-142 Peter Ellis 519-503-2536 D20-20/21 KIT December 3, 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 B2021-063, B2021-064, B2021- 065, B2021-066, and B2021-069 Committee of Adjustment Hearing December 14, 2021 CITY OF KITCHENER B2021-063 11 East Avenue 2839636 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc.) The owner/applicant is proposing a lot addition. The Region has no objection to the proposed application. _____________________ B2021-064 500 Karn Street Calin and Adriana Pele 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. Document Number: 3882317 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 Noise (Advisory Comments): Regional staff note that Westmount Road (Regional Road #50) is located approximately 77 metres away from the subject lands. While it is possible that the subject lands may on occasion have traffic related noise impacts, Regional staff note the substantial intervening land uses that will likely mitigate any potential noise impacts on the retained and proposed severed lots. As a result, a transportation noise impact study or noise warning clauses will not be required for this application. 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. ___________________ B2021-065 156 Strange Street Richard and Erin Griesbaum / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the current property into two lots. Two semi- detached dwellings are under construction and the purpose would be to sever the lot into two parcels where each parcel would contain one semi-detached dwelling. This application is a resubmission of consent application B2020-032. 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: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, 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: Document Number: 3882317 a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP). ii. Purchasers/tena 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 Municipality of Waterloo (RMOW) and the Ministry of the Environment, iii. Railway Company or its 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). 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- 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) 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 will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. Document Number: 3882317 b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). ii. 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 Municipality of Waterloo (RMOW) and the Ministry of the Environment, iii. dian National Railway Company or its 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). 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- ________________ B2021-066 112 and 120 Benton Street Arrow Lofts Inc. c/o Auburn Developments Inc. / Chris Pidgeon (GSP Group) The owner/applicant is proposing easements for pedestrian and vehicular access in favour of 110 Benton Street. The Region has no objection to the proposed application. _______________ Document Number: 3882317 B2021-069 86 Whitney Place Vlad Knezevic The owner/applicant is proposing to sever the lot into two separate lots for low rise residential development. The existing dwelling is to be demolished and a duplex is proposed to be built on each new lot. 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. Environmental Noise: Regional Staff note that the subject lands are approximately 167 metres from the CN Railway mainline and approximately 157 metres from Courtland Avenue East (Regional Road #53) and may be impacted by transportation noise in the vicinity. Regional staff agree that existing intervening land uses will likely partially mitigate the proposed dwellings from environmental noise. As a result, in lieu of requiring a transportation noise study (for railway and road traffic noise), Regional staff agree that the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: Noise Warning Clause Aʹ haser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP). 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. Document Number: 3882317 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) Noise Warning Clause Aʹ due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP). 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: 3882317 December 2, 2021 Sarah Goldrup Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: Committee of Adjustment Meeting December 14, 2021 ______________________________________________________________________ Applications for Minor Variance A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive A 2021-130 878 Frederick Street A 2021-131 95 Maitland Street A 2021-132 26 Monteagle Crescent A 2021-133 12 East Lansdowne A 2021-134 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, 50 Eby Street A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, 50 Eby Street B 2021-069 86 Whitney Place 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. *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 2 the Grand River Conservation Authority. 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 2of 2 the Grand River Conservation Authority.