HomeMy WebLinkAboutDSD-2022-343 - B 2022-039 - 63 Stanley AveStaff Report
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 19, 2022
SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: July 8, 2022
REPORT NO.: DSD -2022-343
SUBJECT: Consent Application B2022-039 - 63 Stanley Ave
RECOMMENDATION:
That Consent Application B2022-039 requesting consent to sever a parcel of land having a
lot width of 13.7 metres, a lot depth of 45.5, metres and a lot area of 625 square metres, BE
APPROVED subject to the following conditions:
1. That the property owner's solicitor shall provide draft transfer documents and
associated fees for the Certificate of Official to the satisfaction of the Secretary -
Treasurer and City Solicitor, if required.
2. That the property 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 the City's Revenue Division.
3. That the property 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 the satisfaction of the City's Mapping Technologist.
4. That the property owner shall enter into an agreement with the City of Kitchener, to be
prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's
Supervisor, Site Plans, and registered on title of the severed and rp_Wned lands, which
shall include the following:
a) That the property owner shall prepare a Tree Preservation and Enhancement Plan
for the severed lands, in accordance with the City's Tree Management Policy, to
the satisfaction of and approval by the City's Supervisor, Site Plans. Such plans
shall include, among other matters, the identification of a proposed building
envelope/work zone, a landscaped area and the vegetation to be preserved. No
changes to the said plan shall be granted except with the prior approval of the
City's Supervisor, Site Plans.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 245 of 276
b) That the property owner shall implement the Tree Preservation and Enhancement
Plan, prior to any tree removal, grading, servicing or the issuance of any
demolition and/or building permits, to the satisfaction of the City's Supervisor,
Site Plans.
c) That the property owner shall maintain the severed and retained lands, in
accordance with the approved Tree Preservation and Enhancement Plan, for the
life of the development.
5. The property owner shall enter into an agreement with the City of Kitchener, to be
prepared by the City Solicitor, which shall acknowledge that the severed lands are un -
serviced and shall provide for the installation of services and service connections to
the severed lands to be completed prior to any future development of the severed
lands. The agreement shall further require the property owner to include a notice
provision in all future Agreements of Purchase and Sale for the severed lands advising
potential Purchaser(s) that the severed lands are unserviced. The said agreement shall
be to the satisfaction of the Director of Engineering Services and the City Solicitor and
shall be registered on title to the severed lands.
6. That the property owner shall:
a) complete a Building Code Assessment for the existing dwelling proposed to be
retained on the retained parcel of land, prepared by a qualified person, to confirm
that the proposed property line and any of the building adjacent to this new
property line complies with the Ontario Building Code, to the satisfaction of the
City's Chief Building Official. The assessment shall address items such as, but
not limited to, spatial separation of existing buildings' wall face, and shall include
recommendations such as closing in of openings pending spatial separation
calculation results.
b) A Building Permit shall be obtained for any remedial work/ upgrades required by
the Building Code Assessment.
7. That the property owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to $6,311.20.
8. That, prior to final approval, the property owner shall make financial arrangements for
the Consent Application Review Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of a proposed consent application to create
a new lot for a single detached dwelling.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 63 Stanley Ave. The lot is a double wide lot that contained a
singled detached dwelling. The original dwelling has been demolished and a new single detached
dwelling is currently under construction on the lands to be retained. All required permits and
permissions including Demolition Control, Demolition Permit and a Building Permit have been
obtained. The owner is seeking consent to sever a lot for a new single detached dwelling.
Page 246 of 276
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Image 2 — Photo of 63 Stanley Ave (June 17, 2022)
Page 247 of 276
The subject property is identified as `Community Area' on Map 2—Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The lands are also
included in the 1980 Bridgeport East Secondary Plan and is designated `Residential Infilling Low
Density'. The property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1.
The purpose of the application is to sever the lot to allow the construction of a new single detached
dwelling on the lands to be severed.
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Image 3 — Severance Sketch
REPORT:
Planning Comments:
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In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 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.
Page 248 of 276
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creation of a lot for a future dwelling and is 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
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.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and density 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.
The subject lands are located within the City's delineated built-up area. The proposed development
represents intensification and will contribute towards achieving the City's intensification density
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 policies of the ROP identify that the focus of the Region's future growth will be within the
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.
City's Official Plan (2014)
The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. The Low Rise Residential
land use designation permits a full range of low density housing types which may include single
detached dwellings, duplex 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 accordance 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:
"17.E.20.5 Applications for consent to create new lots will only be granted where
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;
Page 249 of 276
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 lot(s) will not restrict the ultimate development of adjacent properties."
The lot widths and lot areas of the proposed severed and retained lands exceed the minimum `R-3'
zone lot width and lot area requirements. Planning staff is of the opinion that the size, dimensions
and shape of the proposed lots are suitable for the use of the lands and are compatible with the
surrounding neighbourhood which is developed with low rise residential uses including single
detached dwellings, semi-detached dwellings and low-rise multiple dwellings, having a variety of
heights and setbacks, with lots sizes that vary in width, depth, and area. The lands front onto a public
street and full services are available in the right-of-way and must be connected to the severed lands
prior to development. There are no natural heritage features that would be impacted by the proposed
consent application.
The lands are identified as `Residential Infilling Low Density' in the Bridgeport East Community Plan.
Policies permit infilling with new single detached dwellings by way of severance on lots having a
minimum width of 15.0 metres or 13.5 metres where the placement of existing buildings does not
permit 15.0 metres. The dwelling under construction on the lands to be retained fully complies with
zoning by-law setback regulations, however is placed so that the creation of a lot having a width of
15.0 metres is not possible. The proposed lot width of 13.7 metres complies with Community Plan
policies and zoning by-law regulations and is appropriately sized for the construction of a new single
detached dwelling.
Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener
Official Plan and Bridgeport East Community Plan.
Zoning By-law 85-1/2019-051
The subject property is zoned as `Residential Three Zone (R-3)' in Zoning By-law 85-1, which
primarily permits single detached and duplex dwellings. The `R-3' zone requires a minimum lot width
of 13.7 metres and a lot area of 411 m2 for a single detached or duplex dwelling. Both the lands to
be severed and lands to be retained comply with zoning by-law regulations. The dwelling under
construction on the lands to be retained will comply with the setback regulations for the new lot, and
staff is satisfied that the lands to be severed are appropriately sized to permit the construction of a
new dwelling. At this time the applicant does not have an intended purchaser for the severed lands
and therefore building plans and elevations are not available. However, like for the construction of
any single detached dwelling, the building envelope and future setbacks are controlled by the zoning
by-law and will result in a low-rise building that will be compatible with the existing mix of low rise
dwellings in this neighbourhood. Staff note that there is an existing hydro pole in front of the lands
to be severed. The location of any future driveway will need to consider the hydro pole.
Page 250 of 276
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and appropriate.
The future use 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, dimensions 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 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.
Environmental Planning Comments:
Given the treed nature of the lands to be severed, an agreement should be registered on the severed
lands requiring the owner to submit, obtain approval of, and implement a Tree Preservation/
Enhancement Plan prior to demo, grading, building permit etc.
Heritage Planning Comments: No concerns.
Building Division Comments:
The Building Division has no objections to the proposed applications provided:
1) A qualified designer is retained to complete a building code assessment as it relates to the new
proposed property line and any of the existing building(s) adjacent to this new property line shall
addresses such items as: spatial separation of existing buildings' wall face to the satisfaction of the
Chief Building Official. Closing in of openings may be required, pending spatial separation
calculation results.
2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the
building code assessment.
Engineering Division Comments:
That the Owner shall enter into an agreement to be prepared by the City Solicitor which shall
acknowledge that the severed lands are un -serviced and shall provide for the installation of services
and service connections to the severed lands to be completed prior to any future development of the
severed lands. The agreement shall further require the Owner to include a notice provision in all
future Agreements of Purchase and Sale for the severed lands advising potential Purchaser(s) that
the severed lands are un -serviced. The said agreement shall be to the satisfaction of the Director of
Engineering and the City Solicitor and shall be registered on title to the severed lands.
Parks/Operations Division 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 $6,311.20. Park Dedication is calculated
at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of
(13.72m) at a land value of $9,200 per frontage meter.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
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.
Page 251 of 276
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 sign 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's website 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:
• Planning Act
• Provincial Policy Statement (PPS 2014)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan (ROP)
• Official Plan (2014)
• Zoning By-law 85-1
Page 252 of 276
N, r
Region of Waterloo
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax:519-575-4466
www. regionofwaterloo.ca
Peter Ellis
519-503-2536
D20-20/22 KIT
June 30, 2022
Re: Comments for Consent Applications B2022-039, B2022-040, and
B2022-041
Committee of Adjustment Hearing July 19, 2022
CITY OF KITCHENER
B2022-039
63 Stanley Avenue
SSB Developments Ltd (Owners)
The owner/applicant is proposing to sever the existing lot into two lots and create a
duplex on each 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.
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: 4111881
Page 253 of 276
B2022-040 and B2022-041
452 and 456 Prospect Avenue
William Wirts (Owner) / Jeremy Krygsman (Agent)
The owner/applicant is proposing to sever the rear yards of both 452 and 456 Prospect
Avenue to create a new lot fronting on Broadview Avenue for the future construction of
a single detached home. My understanding is that the existing dwellings on the lands to
be retained will remain as is.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application ($350.00 x 2 applications = $700.00) prior to final approval of
the consent.
Notice of Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Grand River Source
Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of
the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the
owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/
listing all applicable activities prescribed under the Clean Water Act related to the
application. A Notice will only be considered valid if the following criteria are met;
Applicant has signed the Notice;
Address and application type on the Notice match the rest of the application; and
All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
Airport Zoning (Advisory Comments):
The applicant 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: KCampbelKabregion ofwaterloo.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 consent application.
Document Number: 4111881
Page 254 of 276
2) That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as per the Clean Water
Act, 2006.
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: 4111881
Page 255 of 276
July 4, 2022
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
GRCA File: July 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6t" Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — July 19, 2022
Applications for Minor Variance
A 2022-072
177 Eden Oak Trail
A 2022-073
10 Langton Drive
A 2022-074
240 Chapel Street
A 2022-076
95 Patricia Avenue
A 2022-078
125 Uplands Drive
A 2022-079
31 Monterey Road
A 2022-080
64 Wilhelm Street
A 2022-081
149-151 Ontario Street North & 21 Weber Street West
A 2022-082
544 Bridgeport Road
A 2022-083
99 Becker Street
A 2022-084
26 Pony Way (Unit 21)
A 2022-085
26 Pony Way (Unit 22)
A 2022-086
26 Pony Way (Unit 23)
A 2022-087
26 Pony Way (Unit 24)
A 2022-088
26 Pony Way (Unit 25)
A 2022-089 to 094
3, 11, 13, 21, 23 & 29 Shaded Creek Drive
A 2022-096
247 Glasgow Street
A 2022-097
296 Highland Road East
Applications for Consent
B 2022-039 63 Stanley Avenue
B 2022-040 452 Prospect Avenue
B 2022-041 456 Prospect Avenue
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications for minor variance and consent.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 256 of 276
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519-
621-2763 ext. 2230.
Sincerely,
�La ccr,� Ga'w �
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 257 of 276
Connie Owen
From: Hall, Charleyne <charleyne.hall@bell.ca>
Sent: June 24, 2022 3:53 PM
To: Committee of Adjustment (SM)
Subject: [EXTERNAL] Consent Application Comments - Bell Canada
Good afternoon,
Bell Canada has no concerns with the following Applications for Consent:
519-22-468
63 Stanley Avenue
B2022-039
519-22-469
452 & 456 Prospect Avenue
B2022-040,
B2022-041
Thank you,
Charleyne
(she/her)DO
Right of Way & Indigenous Relations Associate
140 Bayfield Street, Floor 2, Barrie ON L4M 3131
T: 705-722-2264 Toll Free: 1-888-646-4817
Recognizing traditional territory of Haudenosaunee and Anishnaabeg Peoples; part of the Upper Canada Treaties.
Page 258 of 276