HomeMy WebLinkAboutDSD-2023-494 - B 2023-041 - 150 Marlborough AvenueStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 21, 2023
SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: November 8, 2023
REPORT NO.: DSD -2023-494
SUBJECT: Consent Application B2023-041 — 150 Marlborough Avenue
RECOMMENDATION:
That Consent Application B2023-041 requesting consent to sever an irregularly
shaped parcel of land having a lot width of 3.7 metres, a lot depth of 3.9 metres, and
a lot area of 12.5 square metres from the property municipally addressed as 150
Marlborough Avenue, to be conveyed as a lot addition to the property municipally
addressed as 146 Marlborough Avenue, BE APPROVED subject to the following
conditions:
1. That the 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 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 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 lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 192 of 221
5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an
Application Consolidation Parcels immediately following the registration of the
Severance Deed and prior to any new applicable mortgages, and to provide a
copy of the registered Application Consolidation Parcels to the City Solicitor
within a reasonable time following registration.
6. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
• The purpose of this report is to review an application for consent to facilitate a transfer
of land from a residential lot to the adjacent residential lot, both containing existing
detached dwellings.
• 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 City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
150 Marlborough Avenue is located on Marlborough Avenue on its roundabout intersection
with Admiral Road. A pedestrian connection to Hearth Green runs along the southern side
of the subject property. The existing use of the subject property is a single detached
dwelling.
Figure 1 — Location of Subject Property
Page 193 of 221
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-
051.
The purpose of the application is to adjust the lot lines of the subject property, known as
150 Marlborough Avenue, and the neighbouring property, known as 146 Marlborough
Avenue. The driveway of 146 Marlborough Avenue encroaches on the property of 150
Marlborough Avenue, as shown below in `Figure 3'. A portion of the subject property,
shown as `Part 1' on `Figure 4 — Detailed Sketch', will be transferred to 146 Marlborough
Avenue to solve the issue of encroachment.
Figure 2 — Photograph of Subject Property and Neighbouring Property
Figure 3 — Image of Neighbouring Driveway Encroaching on Subject Property
Page 194 of 221
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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. The subject application does not
propose any development, rather it is an adjustment of lot lines. Planning Staff is of the
opinion that the application 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 and make efficient use of land. Planning Staff
is of the opinion that the application conforms to the Growth Plan.
Regional Official Plan (ROP):
Regional policies in the ROP require Area Municipalities to plan for a range of housing in
terms of form, tenure, density and affordability to satisfy the various physical, social,
Page 195 of 221
economic and personal support needs of current and future residents. Planning staff are of
the opinion that the 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.
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 a full range of low-density housing types including detached, semi
detached and multiple dwellings with lot 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 85-1 or 2019-051
The subject properties are zoned as `Low Rise Residential Four Zone (RES -4)' in Zoning
By-law 2019-051. Both before and after the proposed lot addition, both parcels would meet
the minimum lot width and lot area requirements.
RES -4 Requirements:
Lot width: Minimum 9 metres
Lot area: Minimum 235 m2
150 Marlborough Avenue
Lot width before lot addition: 17.9 metres
Lot width after lot addition: 17.5 metres
Lot area before lot addition: 1347.0 m2
Lot area after lot addition: 1334.5 m2
146 Marlborough Avenue
Lot width before lot addition: 14.8 metres
Lot width after lot addition: 15.2 metres
Lot area before lot addition: 500.3 m2
Lot area after lot addition: 512.8 m2
All yard setback and other regulations will comply with the minimum requirements post lot
addition. Planning Staff can confirm that the proposed lot addition complies with the
existing Zoning By-law.
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 proposed boundary
adjustment is desirable and appropriate.
Environmental Planning Comments:
No environmental concerns.
Page 196 of 221
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
No engineering concerns.
GRCA Comments:
GRCA has no objection to this application.
Parks/Operations Division Comments:
Parkland dedication is not required for this application as the severance reflects a lot line
adjustment and no new developable lot has been created.
Transportation Planning Comments:
No transportation concerns.
Region of Waterloo Comments:
No objections to the application provided that the owner/applicant submit the Regional
consent review fee of $350.00.
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 2020)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan (ROP)
• Official Plan (2014)
Page 197 of 221
• Zoning By-law 2019-051
ATTACHMENTS:
There are no attachments to this report.
Page 198 of 221
N,4#V-
Region of Waterloo
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
B2023-041
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario NZG 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rloo.ca
Marilyn Cameron
mcameron@jlricahrds.ca
D20-20/23 KIT
November 6, 2023
Re: Comments for Consent Applications B2023-041 to B2023-042
Committee of Adjustment Hearing Nov 21, 2023
CITY OF KITCHENER
150 Marlborough Avenue
Stephen & Judith Phipps
The applicant is proposing to sever a +/-26.6 m2 parcel for a lot line adjustment to
resolve an encroachment. The proposed would facilitate the transfer of a portion of the
subject lands which include an existing encroachment of the adjacent property's
driveway.
Regional Fee (Advisory Comments):
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.
B2023-042
52 Edgehill Drive
James & Beverley Mellish
Document Number: 4516382
Page 199 of 221
The applicant is proposing to sever a +/-1253.6 m2 parcel with a +/-35 m frontage on
Edgehill Dr, while retaining a 1741 m2 parcel with frontage on Edgehill Dr. The applicant
notes an existing storm easement on the subject property. The proposed uses on the
severed property are residential.
Regional Fee (Advisory Comments):
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Environmental Noise (Advisory Comments):
Regional staff note that the proposed severed and retained lots are in close proximity
(approximately 95 metres) to King Street East (Regional Road No. 8).Although there are
some existing intervening land uses between the proposed dwellings and the
transportation noise sources, the proposed dwellings on the retained and severed lots
will likely have impacts from transportation and stationary noise sources. It is the
responsibility of the applicant to ensure the proposed development is not adversely
affected by anticipated transportation (traffic) and stationary (commercial) noise
impacts. ROP Policy 2.G.13 indicates that a noise study may be required for a
development application for a sensitive land use submitted in the vicinity of an Existing
or Planned Regional Road, Provincial Highway, the rapid transit system, transit
terminals, railways or Area Municipal roads.
In lieu of requiring a detailed transportation and stationary noise study, and because the
primary transportation noise source is a Regional Road, Regional staff require as a
condition of the consent that the owner/applicant of the units on all (retained and
severed) lots will be required to enter into a registered agreement with the Region of
Waterloo to include noise mitigation and warning clauses in all Offers of Purchase and
Sale, lease/rental agreements.
For the severed lot, the owner is to agree that all dwelling unit(s) must be installed with
an air -ducted heating and ventilation system suitably sized and designed with the
provision of adding central air conditioning prior to occupancy. In addition, the following
noise warning clauses will be included in all offers of purchase and sale, deeds and
lease/rental agreements:
a. "Purchasers/tenants are advised that despite the inclusion of noise
attenuation control features in the development and within the building
units, sound levels due to increasing road traffic on King Street East (RR
#8) may on occasions interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the Region
of Waterloo and the Ministry of the Environment Conservation & Parks
(MECP). "
b. "This unit has been designed with the provision of adding a central air
conditioning system at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will
Document Number: 4516382
Page 200 of 221
allow windows and exterior doors to remain closed, thereby ensuring that
the indoor sound levels are within the sound level limits of the Region of
Waterloo and the Ministry of the Environment Conservation & Parks
(MECP). "
c. "Purchasers/tenants are advised that the stationary noise levels from the
existing commercial land uses in the vicinity may also at times be audible."
For the retained lot, the following noise warning clauses will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
a. "Purchasers/tenants are advised that sound levels due to increasing road
traffic on King Street East (RR #8) may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Region of Waterloo and the Ministry of the Environment
Conservation & Parks (MECP)."
b. "Purchasers/tenants are advised that the stationary noise levels from the
existing commercial land uses in the vicinity may also at times be audible."
Water and Wastewater Services (Advisory Comments):
Regional Staff note that the property does not currently have municipal water or sanitary
services. City Staff have previously indicated that it is not feasible for the City, or the
owner/applicant at their expense, to extend municipal sanitary services to the proposed
retained or severed lot. The subject application proposes private services within the
urban area.
Policy 2.J.8 of the Regional Official Plan permits residential infill development on
individual on-site water and individual on-site sewage services, subject to the following:
(a) it is demonstrated to the satisfaction of the Region that the extension of servicing
from a municipal water and/or wastewater system is not feasible;
(b) the site is not located within Wellhead Sensitivity Area 1, a High Microbial Risk
Management Zone, or a Surface Water Intake Protection Zone 1 described in
Chapter 8;
(c) studies prepared in accordance with the Regional Implementation Guidelines for
Source Water Protection Studies and accepted by the Region, demonstrate that
such services can operate satisfactorily on the site and will not have a negative
impact on groundwater resources;
(d) it is demonstrated to the satisfaction of the area municipality's Chief Building
Official that the site conditions are suitable for the long-term provision of such
services with have no adverse effects; and
(e) the development application complies with Policies 5.13.8 and 5.C.6 as
applicable.
A Hydrogeological study was submitted with the application. Subject to the Region's
"Hydrogeological Assessment Guidelines for Privately -Serviced Developments —
Scoped Stage 2 Studies" a third -party review of the report is required to demonstrate to
Document Number: 4516382
Page 201 of 221
the Region's satisfaction, that such private services can operate satisfactorily on the site
and will not have a negative impact on groundwater resources. Regional Staff cannot
support the proposed application until the required technical study has been peer
reviewed. As a result, Regional staff recommend deferral of the application at this time
until the peer review has been completed and the study has been accepted by the
Region.
Well and Septic Decommissioning (Advisory Comments):
Regional Staff note that should municipal water and/or septic services be provided and
connected to the proposed severed and retained lots, any private well and/or septic
system on the proposed retained lands will have to be decommissioned in accordance
with Regulation 903 of the Ontario Water Resources Act, Ontario Building Code and all
other applicable regulation.
The Region recommends that the application be deferred until such time as the
hydrogeological study has been peer reviewed and conformity with ROP Policy
2.18 has been demonstrated.
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 attend the meeting or have any questions, please do not
hesitate to contact the undersigned.
Yours truly,
Marilyn Cameron, MAP, MSc
Consultant Planner
'PlIVIIII-11"T
Reviewed by:
Alyssa Bridge, MAES, MCIP, RPP
Supervisor, Development Planning
Document Number: 4516382
Lorelie Spencer, RPP, MCIP, BA.U.R.PI
Consultant Planner
Page 202 of 221
November 1, 2023
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
Mariah Blake
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Mariah Blake,
Re: Committee of Adjustment Meeting — November 21, 2023
Applications for Minor Variance
A 2023-126 117 Ingleside Drive
A 2023-127 52 Sabrina Crescent
A 2023-128 76 Dunham Avenue
A 2023-129
600 Queen Street South
A 2023-130
55 Roxborough Avenue
A 2023-131-134
55-59 Franklin Street South & 50-54 Eighth Avenue
A 2023-135
52 Edgehill Drive
A 2023-136
52 Edgehill Drive
Applications for Consent
B 2023-041 150 Marlborough Avenue
B 2023-042 52 Edgehill Drive
via email
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 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 aherreman(o-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 203 of 221
From: Tina Malone-Wrinht
To: =nf Aelii�ctme"t fSM)
Subject: rw: City of Kitchener- 150 Marlborough Avenue -&2023-091
Date: Tue�ay, November 7, 20D 1:23:17 PM
•ttachmen,s.
From: Planning Applications (SM) <Planning.Applications@kitchener.ca>
Sent: Tuesday, November 7, 2023 1:21 PM
To: Tina Malone -Wright <Tina. MaloneW right@kitchenec.ca>
Subject: FW: City of Kitchener - 150 Marlborough Avenue - B-2023-041
FYI
From: ARABIA Gabriel <Gabriel.Arabia(cDhvdroone.mm>
Sent: Tuesday, November 7, 2023 11:33 AM
To: Planning Applications (SM)<PlanninegAArichrations(fkitrhener.ra>
Subject: City of Kitchener -150 Marlborough Avenue - B-2023-041
IYou dont oftar ge[ anvil from gxhriel arahix(g)bydronne c n. r �ry thlx ix i„g nrt`_
Hello,
We are in receipt ofyour Application for Consent, B-2023-041 dated October 27th, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns atthis time
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Page 204 of 221