HomeMy WebLinkAboutDSD-2024-120 - 546-548 Peach Blossom Court - B 2024-004
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: March 19, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: March 5, 2024
REPORT NO.: DSD-2024-120
SUBJECT: Consent Application B2024-004 - 546 and 548 Peach Blossom
Court
RECOMMENDATION:
That Consent Application B2024-004 requesting consent to sever a parcel of land,
546 Peach Blossom Court, having a lot width of 9.9 metres along Peach Blossom
Court, a lot depth of 47 metres and a lot area of 407 square metres, BE APPROVED
subject to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
2. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standa
3.
fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer
and City Solicitor if required.
4. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the
severed and/or retained lands.
5. That the owner makes financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
landscaping including street trees, and a paved driveway ramp, on the severed
and retained lands.
6. That any new driveways are to be built to City of Kitchener standards at the
7. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
8. A Development Asset Drawing (digital AutoCAD) is required for the site
(servicing, SWM etc.) with corresponding layer names and asset information to
the satisfaction of the Engineering Division prior to severance approval.
9. That the Owner provides Engineering staff with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case,
then the owner would have to pump the sewage via a pump and forcemain to the
property line and have a gravity sewer from the property line to the street to the
satisfaction of the Director of Engineering Services.
10. That the property owner pay to the City of Kitchener a cash-in-lieu contribution for
park dedication equal to $11,862.00 of the value of the lands to be severed.
11. That a Section 59 Notice be submitted to the satisfaction of the Region of
Waterloo.
REPORT HIGHLIGHTS:
The purpose of this application is to sever a parcel of land to permit each half of a semi-
detached dwelling, currently under construction, to be dealt with independently.
The key finding of this report is that the requested severance meets the criteria of the
Planning Act and Provincial, Regional and City policies.
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
Adjustment meeting.
This report supports the delivery of core services.
Figure 1 - Photo of Semi-detached Dwelling under Construction
Figure 2 - Proposed lot fabric
Subject
Property
Figure 3 - Location Map of 546-548 Peach Blossom Court
REPORT:
BACKGROUND:
as a Community Area
The property is zoned as RES-3 in Zoning By-law
2019-051.
The subject property was a vacant lot of record situated on Peach Blossom Court within
the established low rise residential neighbourhood.
The applicant is requesting consent to permit each half of a semi-detached dwelling,
currently under construction, to be dealt with independently.
The severed lot would have a lot frontage of 9.9 metres and an area of 407 square metres,
while the retained lot would have a lot frontage of 9.3 metres, and an area of 402 square
metres.
City Planning staff conducted a site inspection of the property on March 1, 2024.
Planning Comments:
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.4.3(b) of the PPS
promotes all types of residential intensification, and sets out a policy framework for
sustainable healthy, liveable and safe communities. The PPS promotes efficient
development and land use patterns, as well as accommodating an appropriate mix of
affordable and market-based residential dwelling types with other land uses, while
supporting the environment, public health and safety. Provincial policies promote the
integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and
servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creations of lots and future semi-detached
dwellings that are compatible with the surrounding community and will make use of the
existing infrastructure. No new public roads would be required for the proposed
development. Planning staff is of the opinion that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living, make efficient use of land and
infrastructure, provide for a range and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation. The
subject lands are in close proximity to transit and the subject lands are in closer proximity
to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the
minimum intensification and targets in this plan by identifying a diverse range and mix of
housing options and densities, including additional residential units and affordable housing
to meet projected needs of current and future residents.
up area. The proposed
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):
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.
Official Plan
The subject lands are designated Low Rise Residential on Map 3 in the 2014 Official
Plan. The Low Rise Residential land use designation permits a full range of low density
housing types which may include single detached dwellings, semi-detached dwellings,
street townhouse dwellings, and low-rise multiple dwellings. The Low Rise Residential
land use designation encourages mixing and integrating different forms of housing to
achieve and maintain a low-rise built form. The maximum net residential density for lands
which are designated Low Rise Residential will be 30 units per hectare.
The proposed severance is in accordance with the Official Plan and maintains the
residential land use designation.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies).These
policies state the following:
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a
minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas, and
configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy
14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary for
proper and orderly development; and,
h)
The proposed lot widths and lot areas of the proposed severed and retained lots meet and
exceed the minimum RES-3 zone lot width and lot area requirements and minor
variances are not required. Planning staff is of the opinion that the size, dimension and
shape of the proposed lots are suitable for the use of the lands and compatible with the
surrounding neighbourhood which is developed with single detached, semi detached and
multiple dwellings with lots sizes that vary in width, depth, and area. The lands front onto a
public street and full services are available. There are no natural heritage features that
would be impacted by the proposed consent application.
Planning staff is of the opinion that the proposed severance conforms with the City of
Kitchener Official Plan.
Zoning By-law
The subject property is zoned as RES-3 in Zoning By-law 2019-051. The RES-3 zone
permits a range of low density dwelling types such as semi detached dwellings and
requires a minimum lot width of 9.3 metres and minimum lot area of 260 square metres for
semi-detached dwellings. The proposed lot widths and lot areas of the proposed severed
and retained lots will meetthe minimum zone lot width and exceed theminimumlot area
requirement.
Planning Conclusions
With respect to the criteria for the subdivision of land listed in Section 51(24) of the
Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are
desirable and appropriate. The uses of both the severed and retained parcels are in
-law. Planning staff is of the opinion
that the size, dimension and shape of the proposed lots are suitable for the use of the
lands and compatible with the surrounding community. There are existing schools within
the neighbourhood. Staff is further of the opinion that the proposal is consistent with the
Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth
Plan for the Greater Golden Horseshoe and is good planning and in the public interest.
Building Comments:
The Building Division has no objections to the proposed consent.
Heritage Comments:
Heritage Planning staff does not have any concerns with the proposed application.
Environmental Planning Comments:
Environmental Planning staff does not have any concerns with the proposed application.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service
both the retained and severed properties, 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
nolan.beatty@kitchener.ca.
Any new driveways are to be built to City of Kitchener standards. All works are at the
xpense 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 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 $11,862.00. Park
Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage of 9.93m at a land value of $36,080 per frontage meter
with a per unit cap of $11,862.00.
There are no city owned street trees that will be impacted by this development.
Hydro One:
No comments or concerns at this time.
GRCA:
GRCA has no objection to the approval of this application. The subject property does not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The property is not subject to Ontario Regulation 150/06 and, therefore, a
permission from GRCA is not required.
Region:
Regional Staff has no objection to this application subject to the following condition(s):
1. That as a condition of approval the Owner/Applicant submit a S.59 Notice in
accordance with the Clean Water Act, to the satisfaction of the Region.
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
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
interes
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)
Zoning By-law 2019-051
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
Commissioner’s Office
th
150 Frederick Street, 8 floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Erica Ali
W. Phone: 226-751-3388
File: D20-20/24 KIT
March 7, 2024
VIA EMAIL
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Re: Comments on Consent Applications - B 2024-005, B 2024-006
th
Committee of Adjustment Hearing March 19, 2024
City of Kitchener
Please accept the following Regional planning comments for the above-noted
Consent applications to be considered at the upcoming Committee of Adjustment
Hearing.
Document Number: 4622501
B 2024-004
546-548 Peach Blossom Crt
Owner/Applicant: Paul Florica (Klondike Homes Ltd.)
The applicant is seeking consent to sever a currently vacant lot into two residential lots
for the purpose of constructing a semi-detached dwelling on each lot. The retained
lands being 402.1sqm in lot area with 9.36m frontage. The conveyed lands being
407sqm in lot area with 9.93m frontage. A minor variance application is not required to
facilitate the severance.
Regional Fee:
Regional Staff are in receipt of the required consent review fee.
Source Water Protection Policy
The subject lands are identified within Source Water Protection Areas subject to the
Clean Water Act (Part IV) and Regional policies (WHPSA 2) (ROP Map 6a).
A Notice of Source Water Protection Plan Compliance, issued under S. 59(2), is
required by the Region to determine whether the proposed activities are subject to S. 57
(Prohibitions) or S. 58 (Risk Management Plan) of the Clean Water Act.
Airport Zoning Regulations
There are no concerns with the proposed development. The subject lands are within the
Airport Zoning Regulation area, specifically located under the airport runway flight path,
therefore subject to those regulations, including building height limit. If the use of a
crane is required above 100ft then a Land Use Application must be submitted to NAV
Canada.
Environmental Features
The subject lands are within the Delineated Built-up Area and Urban Area Boundary
(ROP Map 1, 2). The rear lot line abuts lands within the Greenlands Network identified
as Core Environmental Feature (CEF) (ROP Map 4). Development contiguous to a CEF
will only be permitted in accordance with an Environmental Impact Study (ROP 7.C.10),
such that there is no adverse environmental impact on the feature or ecological function
of a CEF. As the lands comprise a lot within a plan of subdivision (30T-95015 registered
on Aug 12, 2002), impacts to the Core Environmental Feature were assessed through
that process, appropriate setbackswere determined and the location of the fence line
established to demarcate the limits of the CEF. As such, the Region has no further
requirements with respect to the CEF and the subject application.
Regional Staff has no objection to thisapplication subject to the following
condition(s):
1. That as a condition of approval the Owner/Applicant submit a S.59 Notice in
accordance with the Clean Water Act, to the satisfaction of the Region.
Version: 1
B 2024-005 680 Frederick St
Owner/Applicant: Calin Pele (Marcsalo Holdings Inc. -Owner) /Adrian L. Rosu
(Duncan Linton LLP)
The applicant is seeking to sever the existing residential lot to create an additional
residential lot. The applicant proposes to demolish the existing dwelling and detached
garage, and to construct a semi-detached duplex dwelling on the retained and severed
parcels. The retained lands will have a lot width of 7.6m along Frederick Street with a lot
depth of 45.7m and a lot area of 349.3m2. The conveyed lands will have a lot width of
7.65m along Frederick Street with a lot depth of 45.7m and a lot area of 349.3 m2. The
application was originally submitted in 2023 (B 2023-019) but refused because the
concept plan was not provided.
Regional Fee
Regional Staff are not in receipt of the required consent review fee of $350. The fee is
required as a condition of final approval for the consent application.
Environmental Noise
Both severed and retained residential lots may have impacts from road noise from traffic
on Frederick Street. The following conditions should be secured through a registered
agreement with the City of Kitchener for all dwelling units on both retained and severed
lots:
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 occupant’s discretion.
b) The following noise warning clauses will be included in all offers of purchase,
deeds and rental agreements:
i. “The purchasers/tenants are advised that sound levels due to
increasing road traffic on Frederick Street 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)”.
ii. “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 occupant’s 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 Parks (MECP)”.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That as a condition of approval the Owner/Applicant submit the required consent
review fee of $350 to Regional Municipality of Waterloo.
Version: 1
2. That as a condition of approval the Owner/Applicant enter into an agreement with
City of Kitchener to secure the following conditions, in relation to mitigation of
traffic noise from Frederick Street, for all dwelling units on both retained and
severed lots; and that a copy of this Agreement is submitted to the Regional
Municipality of Waterloo to the satisfaction of the Region.
a) That the owner/developer agree to construct the dwelling with a forced air-
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future at the occupant’s discretion.
b) That the following noise warning clauses will be included in all offers of
purchase, deeds and rental agreements:
i. “The purchasers/tenants are advised that sound levels due to
increasing road traffic on Frederick Street 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)”.
ii. “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 occupant’s 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 Parks (MECP)”.
Version: 1
General Comments:
Any submission requirements may be subject to peer review, at the owner/ applicant’s
expense as per By-law23-062. If any other applications are required to facilitate the
application, note thatfees are subject to change and additional requirements may apply.
Any future development on the lands subject to the above-noted consent applications
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof.Prior to final approval, City staff must be in receipt of the above-
noted Regional condition clearances.
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.
Thank you,
Erica Ali
Erica Ali
Planner, Community Planning
Version: 1
March 7, 2024via email
Mariah Blake
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMs.Blake,
Re:Committee of Adjustment Meeting March 19, 2024
Applications for Minor Variance
A 2024-01731 Belmont Avenue West
A 2024-018351 Blucher Boulevard
A 2024-01950 Falconridge Drive
A 2024-020499 Forest Hill Drive
A 2024-021132Dalewood Drive
A 2024-022167 Forfar Avenue
Applicationsfor Consent
B 2024-004546-548 Peach Blossom Court
B 2024-005680 Frederick Street
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