HomeMy WebLinkAboutDSD-2022-439 - B 2022-047 - 124 Walker Street
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 20, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Tara Zhang, Planner 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-439
SUBJECT: Consent Application B2022-047 - 124 Walker Street
Owner: New Villa Group Inc.
Agent: Mitchell Courtney
RECOMMENDATION:
That Consent Application B2022-047 requesting consent to sever a parcel of land having a
lot width of 8.6 metres, a lot depth of 31.1 metres and a lot area of 270 square metres, BE
APPROVED subject to the following conditions:
1. 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
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
s Mapping Technologist.
4. That the property owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
5. That the property owner submit a Development Asset Drawing (digital AutoCAD) for
the site (servicing, SWM etc.) with corresponding layer names and asset information
endorsement.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
6. That the property owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands to the satisfaction of the City's
Director of Engineering Services.
7.
expense prior to occupa
Engineering Services.
8. That the property owner provides confirmation that the basement elevation can be
Engineering Services. If this is not the case, then the owner will need to pump the
sewage via a pump and forcemain to the property line and have a gravity sewer from the
Services.
9. That the property owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication equal to $3,992.80 of the value of the lands to be severed.
10. That the property owner shall fulfil one of the following three requirements to ensure that
any City-owned tree will not be impacted by the proposed development:
a) Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title to the severed and retained lands, which shall
include the following:
i) That the owner shall prepare a Tree Preservation and Enhancement Plan, in
and preservation of the City-owned tree that is located adjacent to the severed
Parks and Cemeteries. Said plan 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
Director Parks and Cemeteries.
ii) That the property owner shall implement the Tree Protection and Enhancement
Plan, prior to any tree removal, grading, servicing or the issuance of any
ector
Parks and Cemeteries.
iii) 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.
OR
b) 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 property 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/or retained lands) with two (2) suitable trees, in accordance with
the City of Kitchener Development Manual Standards, to the satisfaction of
said plan shall
Cemeteries.
ii) That the property owner shall implement the approved Street Tree Planting
OR
c) Make arrangements regarding financial compensation for the tree to be removed,
11. 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.
12. That a valid Notice of Source Protection Plan Compliance (section 59 notice) as per
the Clean Water Act, 2006 be submitted to the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for consent to sever a semi-detached
dwelling, which is under construction, so that each half of the semi-detached dwelling may be
dealt with independently.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is within in the Centreville Chicopee Neighbourhood and is located west of
River Road East and east of Weber Street East. Community
Areas Urban Low Rise Residential Land Use
Residential Four Zone (R-4-
law 85-1 Low Rise Residential Four (RES--law 2019-051, which is currently
under appeal.
The applicant is requesting consent for the semi-detached dwelling, currently under construction, so
that each half of the semi-detached unit may be dealt with independently.
nd
City staff conducted a site inspection on September 2, 2022.
Figure 1: Location of Subject Property
Figure 1: Front view of the subject property
Figure 3: Proposed Severance Plan
REPORT:
Planning Comments:
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.
Planning staff is of the opinion that the application for sever the semi-detached dwelling 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. The subject lands are in close proximity to high order 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.
The consent application to
sever the semi-detached dwelling, currently under construction, is consistent with 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.
Official Plan (2014)
Community Areas Urban Structure and is
Low Rise Residential
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:
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;
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;
The subject lot is noted with the blue dot in the image below. The semi-
detached dwelling built form is compatible with the dwelling types and sizes
in the neighbourhood and the proposed lot sizes will also be compatible with
the pattern of the surrounding lands with respect to 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)
Zoning By-law 85-1/2019-051
The subject property is zoned as Residential Four (R-4) in Zoning By-law 85-1 Low Rise
Residential Four (RES--law 2019-051.
---density dwelling types such as single
detached, semi-detached, and duplex dwellings. Restrictively, -- a
minimum lot width of 7.5 metres and minimum lot area of 210 square metres. The proposed lot
--
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 lots are desirable and
appropriate. The uses of both the severed a
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.
Environmental Planning Comments:
No natural heritage concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
No objections.
Engineering Division 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 Eric Riek (eric.riek@kitchener.ca).
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 Division Comments:
Cash-in-lieu of park land dedication will be required on the severed parcel as one (1) new
development lot will be created. The cash-in-lieu dedication required is $3,992.80. Park Dedication
is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal
frontage of (8.68m) at a land value of $9,200 per frontage meter.
A City-owned tree (tree ID #10047443) will be impacted by the proposed development 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 prior
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 the
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:
i. That the owner shall prepare a Street Tree Planting Plan that shows the
replacement of the City-owned tree to be removed with 2 suitable trees, in
accordance with the City of Kitchener Development Manual Standards, to the
. No changes to the said
Cemeteries.
ii. The owner shall implement the approved Street Tree Planting Plan, to the
OR
3. Make arrangements regarding financial compensation for the tree to be removed to the
Transportation Planning Comments:
No concerns.
Region of Waterloo Comments:
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent
application 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;
Ώ Applicant has signed the Notice;
Ώ Address and application type on the Notice match the rest of the application; and
Ώ All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted and may result in delayed approvals.
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.
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.
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:
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-laws 85-1 and 2019-051
Peter Ellis
519-503-2536
D20-20/22KIT
August 31, 2022
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re:Comments for Consent Applications B2022-046, B2022-047, B2022-
048, B2022-049, B2022-050, B2022-051, B2022-052, B2022-053,
B2022-054, B2022-055, and B2022-041and Change of Condition
Application CC2022-001
Committee of Adjustment Hearing September 20, 2022
CITY OF KITCHENER
CC2022-001
41 Ardelt Place
M. Lorenti (First ArdeltHoldings Ltd. –Owner); S. Thompson (S Thompson
Development Services Ltd. –Agent)
The owner/applicant is proposing to change consent conditions relating to the design
and installation of services for the severed parcel from B2021-026as per discussions
with City of Kitchener Engineering Staff.
Regional Fee(Advisory Comment):
Regional Staff confirm receipt of the consent review fee for B2021-026. As a result, an
additional Regional Consent Review fee is not required for this application.
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, 2006a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
Document Number: 4166343
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.
The Region has no objectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as perthe Clean Water
Act, 2006.
___________________
B2022-046
78-80 Old Chicopee Drive
Estate of Maria Kruppa(Trustee: R. Kruppa -Owner); S. Grant (Madorin, Snyder –
Agent)
The owner/applicant is proposing to sever the existing semi-detached homeinto two
distinct parcels so that the lots can be soldor dealt withindividually.
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 noobjectionto 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: 4166343
B2022-047
124 Walker Street
New Villa Group Inc.(Owner) / M. Courtney and D. DaCunha (Agent)
The owner/applicant is proposing to severthe existing lot into two equal parcels for the
construction of semi-detached homes.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application 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, 2006a 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.
The Region has no objectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per consent application.
2)That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as perthe Clean Water
Act, 2006.
_______________________
Document Number: 4166343
B2022-048 to B2022-055
7, 9, 11, 13, 15, 21, 23, and 25 Shaded Creek Drive
Alex Sumner (Activa Holdings Inc. –Owner)/ P. Chauvin and R. Wolff (MHBC
Planning Ltd. –Agent)
The owner/applicant is proposing to create rear yard access easements for the street
fronting townhouse lots fronting on to Shaded Creek Drive, which is part of Plan of
Subdivision 30T-08203 (Stage 4), Registered Plan 58M-670.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application prior to final approval of the consent.
The Region has no objectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per consent application.
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
SeniorPlanner
Document Number: 4166343
September 1, 2022 via email
GRCA File:September 20,2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
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 meat jconroy@grandriver.ca or 519-
621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority