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HomeMy WebLinkAboutDSD-2022-040 - B 2022-003 - 74 Rutherford Drive Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 18, 2022 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Dumart, Craig, Senior Planner, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: January 3, 2022 REPORT NO.: DSD-2022-040 SUBJECT: Consent application B2022-003 74 Rutherford Drive Owners Pero and Mirjana Perencevic Applicant Boban Jakanovic RECOMMENDATION: That applications B2022-003 consent to create one new lot and retain one lot to be used for duplex 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(ies) to the satisfaction of 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 ist. 3. for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 4. 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. 5. 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. 6. 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7. Engineering Division. 8. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. 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. 10. 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. 11. 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 $9545.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 12. That the owner shall replace or protect the City-owned tree impacted by proposed severance to the satisfactions of the Director of Parks and Cemeteries. 13. 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 Polic 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. 14. 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 duplex dwellings. Proposed lot fabrics Location Map: 74 Rutherford Drive 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 Rutherford Drive and Kinzie Avenue The property is generally rectangle in shape with a frontage along Rutherford Drive. 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. City Planning staff conducted a site inspection of the property on October 6, 2021. Existing single detached dwelling at 74 Rutherford Drive 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 11.43 metres and an area of 689.8 square metres, while the retained lot would also have a lot frontage of 11.43 metres, and an area of 689.8 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 plan 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, h) 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. represe 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 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, 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 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). - Any new driveways a 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. - The Owner shall extend the storm sewer or implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Parks/Operations Comments: Cash-in-lieu of park land dedication will be required as 1 new development lot is created. The cash-in-lieu dedication required is $9545.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (6.87m + 6.89m + 6.99m = 20.75m) at a land value of $9,200 per frontage meter. Two existing City-owned street trees (#139931 and #154915) will be impacted by the proposed severance and future redevelopment and the owner shall fulfill one of the following three 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: i. That the owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City-owned tree that is located adjacent to the Cemeteries. Said plan 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 s. ii. The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building permits, to iii. 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 Director Parks & Cemeteries. b. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction OR 3. Make arrangements regarding financial compensation for the tree to be removed, to the rks & 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-2021-240 DSD-2021-205 Peter Ellis 519-503-2536 D20-20/22 KIT January 7, 2022 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 B2022-001, B2022-002, B2022- 003, and B2022-004 to B2022-006 Committee of Adjustment Hearing January 18, 2022 CITY OF KITCHENER B2022-001 26 Edgewood Drive A & F Greenfield Homes Ltd. The owner/applicant is proposing to sever the existing lot into two parcels for a newly constructed semi-detached dwelling. 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 conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Document Number: 3912612 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. _____________________ B2022-002 670 Fairway Road South Mona Terra Holdings Corp / Design Plan Services Inc (c/o David Igelman) The owner/applicant is proposing to identify the existing building and parking area around the building for a lease beyond 21 years. 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 conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. ___________________ B2022-003 74 Rutherford Drive Mirjana and Pero Perencevic / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels. Staff note that this application appears to be a resubmission of consent application B2021-054 from October 2021. Document Number: 3912612 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. __________________ B2022-004, B2022-005, and B2022-006 32 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing to sever the existing lot into 4 parcels for the creation of two semi-detached dwellings (4 units). Staff note that this is a resubmission of consent applications B2020-007, B2020-008, and B2020-009 (February 2020). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 for each consent application ($350.00 x 3 applications = $1,050.00) 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: 3912612 Archaeological Assessment (Advisory Comments): Regional Staff advise that the subject property possesses the potential for the recovery of archaeological resources. For this reason, the owner/applicant should be made aware that: If archaeological resources are discovered during the development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Tourism, Sport and Culture industries. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or; If human remains/or a grave site is discovered during development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Airport Zoning (Advisory Comments): Regional Staff advise 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 for each consent application. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. _______________ Document Number: 3912612 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: 3912612 January 6, 2022 Sarah Goldrup Via email Committee Administrator City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: Committee of Adjustment Meeting – January 18, 2022 ______________________________________________________________________ Applications for Minor Variance A 2022-001 85 Green Valley Drive A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place A 2022-003 53 Margaret Avenue A 2022-004 470 Blair Creek Drive A 2022-005 86 Chestnut Street A 2022-006 49 Lower Mercer Street A 2022-008 210 Waterloo Street A 2022-010 129 Max Becker Drive A 2022-011 43 Maurice Street Applications for Consent B 2022-001 26 Edgewood Drive B 2022-002 670 Fairway Road South B 2022-003 74 Rutherford Drive B 2022-004 to 006 32 Burgetz Avenue 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 jconroy@grandriver.ca or 519-621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority.