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HomeMy WebLinkAboutDSD-2023-298 - B 2023-025 - 97 Second Avenue Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 18, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: July 5, 2023 REPORT NO.: DSD-2023-298 SUBJECT: Consent Application B2023-025 - 97 Second Avenue RECOMMENDATION: That Consent Application B2023-025 for 97 Second Avenue requesting consent to sever a parcel of land having a lot width of 9.4 metres, a lot depth of 40.5, metres and a lot area of 377 square metres, BE APPROVED subject to the following conditions: 1. That the Oassociated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the s Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the 4. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 5. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the 6. That the 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Engineering Services. 8. That the Owner provides confirmation that the basement elevation can be drained by gravity 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 property line to the street to the 9. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 10. That the property owner obtains a Demolition Permit, for the accessory structure proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing accessory structure prior to deed endorsement. 11. agreement with the City of Kitchener, to be prepared by the City Solicitor, to the all include the following: a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction Supervisor, Site Plans showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and (vii) building elevation drawings. (viii) If necessary, the plan shall include required mitigation and or compensation measures. (ix) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s). b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the 12. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 13. That prior to final approval, the Owner/Applicant enter into a registered development agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, that includes the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale and Lease/Rental Agreements: a) For the Severed lands: i) The dwelling will be fitted with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future at the ii) The following noise warning clause will be included in all offers of purchase and sale and lease/rental agreements for the Severed lands: traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the -ducted heating system and has been 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 Waterloo Region and the Ministry of the Environment Conservation and b) For the Retained lands: i) The following noise-warning clause shall be included in all offers of purchase and sale and lease/rental agreements for the Retained lands: that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conserva REPORT HIGHLIGHTS: The purpose of this report is to review an application for consent to sever a residential lot containing a single detached dwelling into two lots to allow for a new detached dwelling to be constructed on the severed lands. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the This report supports the delivery of core services. BACKGROUND: The subject property is an interior lot located on the east side of Second Avenue between Kingsway Drive and Connaught Street. The surrounding neighbourhood consists of a variety of residential uses such as single detached dwellings, semi-detached dwellings, and multiple dwellings that vary in lot size and area. Figure 1: Location map- 97 Second Avenue Urban Structure and is designated The --law 2019-051. The purpose of the application is to sever a residential lot containing an existing single detached dwelling into two lots to allow for a new detached dwelling to be constructed on the severed lands. The existing detached accessory structure is proposed to be demolished while the existing single detached dwelling will remain on the retained lands. The severed lot would have a lot frontage on 9.4 metres, a lot depth of 40.5 metres and an area of 377 square metres, while the retained lot would have a lot frontage 13.1 metres, a lot depth of 40.5 metres and an area of 525 square metres. Staff visited the subject property on June 28, 2023. Figure 2: Existing Single Detached Dwelling at 97 Second Avenue Figure 3: Severance Sketch 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 proposed application will facilitate a form of gentle intensification of the subject property with the creation of new lot for a future duplex dwelling that 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. 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. area. The proposed development 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. The subject lands are designated Built-Up Area in the ROP. The proposed development conforms to Policy 2.C.2 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. Urban Structure and is designated 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; 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 will meet the - 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. Zoning By-law 2019-051 The subject property is zo--law 2019- 051. -ange of low density dwelling types such as duplex dwellings. The - and minimum lot area of 235 square metres for duplex dwellings. The proposed lot widths and lot areas of the p- area requirements. 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. 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: The following condition should be applied: 1. That with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City ude the following: a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and Supervisor, Site Plans showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and (vii) building elevation drawings. (viii) If necessary, the plan shall include required mitigation and or compensation measures. (ix)That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s). b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any chan Plans. Heritage Planning Comments: No heritage concerns. Building Division 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 accessory structure, as well as construction of the new residential building. 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, storm 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). 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 municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. 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 $11,862.00. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region of Waterloo Comments: The applicant is proposing to sever a parcel of land for residential purposes. The severed parcel will have a lot frontage of 9.4m, a lot depth of 40.05 m and a lot area of 377 square metres. The retained lands will have a lot frontage of 13.1m, a lot depth of 40.05m and a lot area of 525 square metres. The applicant proposes to retain the existing dwelling and frame shed on site and has proposed residential uses on the severed parcel. Regional Cultural Heritage: Due to the nature of the application, an Archaeological Assessment is not required at this time. The owner/applicant is advised that an Archaeological Assessment prepared by a Licensed Archaeologist is required in the future should a planning act application be required as the site is located in a Part V area and is within proximity to known archaeological resources. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Corridor Planning: Both severed and retained residential lots may have impacts from road noise on Conestoga Parkway (Highway 7/8). To address this concern, the following conditions shall be secured through a registered agreement with the City of Kitchener, to the satisfaction of the Regional Municipality of Waterloo for both retained and severed lots: The following conditions should be applied: 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 enter into a registered development agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, that includes the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale and Lease/Rental Agreements: a) For the Severed lands: i) The dwelling will be fitted with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future at the occ discretion. ii) The following noise warning clause will be included in all offers of purchase and sale and lease/rental agreements for the severed lands: Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air-ducted heating system and has been 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 Waterloo Region and b) For the Retained lands: i) The following noise-warning clause shall be included in all offers of purchase and sale and lease/rental agreements for the retained lands: Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the 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 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) Official Plan (2014) Zoning By-law 2019-051 Melissa Mohr 226-752-8622 D20-20/23 KIT July 4, 2023 Marilyn Mills, Secretary Treasurer Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2023-0019 and B2023-020 Committee of Adjustment Hearing July 16, 2023 CITY OF KITCHENER B2023-025 97 Second Avenue Musaab Saaub, Saif Saab, Manaf Saab (Owners) C/O Douglas Stewart (Arcadis Professional Services (Canada) Ltd. Authorized Agent) The applicant is proposing to sever a parcel of land for residential purposes. The severed parcel will have a lot frontage of 9.4m, a lot depth of 40.05 m and a lot area of 377 square metres. The retained lands will have a lot frontage of 13.1m, a lot depth of 40.05m and a lot area of 525 square metres. The applicant proposes to retain the existing dwelling and frame shed on site and has proposed residential uses on the severed parcel. Regional Cultural Heritage: Due to the nature of the application, an Archaeological Assessment is not required at this time. The owner/applicant is advised that an Archaeological Assessment prepared by a Licenced Archaeologist is required in the future should a planning act application be required as the site is located in a Part V area and is within proximity to known archaeological resources. 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: 4423945 Version: 1 Corridor Planning: Both severed and retained residential lots may have impacts from road noise on Conestoga Parkway (Highway 7/8). To address this concern, the following conditions shall be secured through a registered agreement with the City of Kitchener, to the satisfaction of the Regional Municipality of Waterloo for both retained and severed lots: Severed Lot a) The dwelling will be fitted with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future at the b) The following noise warning clause will be included in all offers of purchase and sale and lease/rental agreements: The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air-ducted heating system and has been 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 Waterloo Regi Retained Lot The following noise-warning clause will be included in all offers of purchase and sale and lease/rental agreements: The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the M 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 enter into a registered development agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, Document Number: 4423945 Version: 1 that includes the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale and Lease/Rental Agreements: a) For the severed lands: i) The dwelling will be fitted with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future at the ii) The following noise warning clause will be included in all offers of purchase and sale and lease/rental agreements for the severed lands: The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). b) For the retained lands: i) The following noise-warning clause shall be included in all offers of purchase and sale and lease/rental agreements for the retained lands: The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo B2023-026 30-40 Margaret Avenue Activa Holdings Inc. / Alex Sumner (Owner) C/O MHBC Planning/Pierre Chauvin/Rachel Wolffe Authorized Agent) The applicant is proposing a lot addition. The applicant has proposed to sever a 1.829m, 0.01 ha parcel of land to add to the adjacent Church of the Good Shepard. 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: Document Number: 4423945 Version: 1 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00; 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, Melissa Mohr, MCIP, RPP Senior Planner Document Number: 4423945 Version: 1 June 29, 2023via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting July18, 2023 Applications for Minor Variance A 2023-077176 Indian Road A 2023-07835 Fifth Avenue A 2023-07955 Rockcliffe Drive A 2023-08015 Dellroy Avenue A 2023-081333 Pine Valley Drive A 2023-082685 Frederick Street A 2023-08315 Kenora Drive A 2023-084151 Frederick Street A 2023-085920 Keewatin Place A 2023-08730-40 Margaret Avenue Applicationsfor Consent B 2023-02597 Second Avenue B 2023-02630-40 Margaret Avenue 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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:ARABIA Gabriel To:Committee of Adjustment (SM) Subject:City of Kitchener - 97 2 AVE - B 2023-025 Date:July 5, 2023 11:44:17 AM Attachments:image001.png Hello, rd We are in receipt of your Application for Consent, B 2023-025 dated June 23, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: http://www.hydroone.com/StormCenter3/ Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. 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