HomeMy WebLinkAboutDSD-19-090 - B 2019-012 - 53 Lichty CresStaff Repod
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
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www.kitchener. ca
Committee of Adjustment
April 16th, 2019
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Eric Schneider, Junior Planner - 519-741-2200 ext. 7843
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April 8th, 2019
DSD -19-090
APPLICATION #: B2019-012
53 Lichty Crescent
Applicant: Mike Stryker
Approve with conditions
Location Map: 53 Lichty Crescent
REPORT
Planning Comments:
The subject property is zoned Residential Three Zone (R-3) in the Zoning By-law and
designated Low Rise Residential in the City's 2014 Official Plan. The single detached dwelling
on the property will be demolished and the applicant proposes to build two duplexes on the
retained and severed lots. The existing neighbourhood consists of mainly single detached
dwellings. Lot sizes are typically large in this neighborhood.
The Owner is requesting permission to sever the subject lands into two lots to in order to build a
duplex dwelling on each lot. The severed lot would have a lot width of 23.11 metres, a depth of
52.04 metres, and an area of 836.5 square metres. The retained lot would have a lot width of
23.11 metres, a depth of 46.96 metres, and an area of 896.2 square metres.
City Planning staff conducted a site inspection of the property on March 15th, 2019.
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 is desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and
shape of the proposed lots are suitable for the use of the lands and compatible with the
surrounding community. The lands front onto a public street and full services are available.
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The proposed lots conform to the Official Plan. Both the retained and severed lots reflect the
general scale and character of the established development pattern of surrounding lands. No
minor variances are sought for the proposed development on the retained or severed lots.
Proposed lot fabrics
Based on the foregoing, Planning staff recommends that Consent Application B2019-012,
requesting consent to sever the subject property into two lots be approved, subject to the
conditions listed in the Recommendation section of this report.
Building 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. Should a severance be approved, additional services
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will be required for severed lot — a building permit will be required for this work. Separate building
permit(s) will also be required for the demolition of existing home, as well as construction of new
buildings
Heritage Comments:
No heritage planning concerns.
Environmental Planning Comments:
The standard condition will be required for the owner to enter into an agreement registered on
title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to
be submitted and approved before a building/demolition permit will be issued.
Transportation Services Comments:
Funds for a future sidewalk along the entire frontage of the severed portion be provided to
Engineering.
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 ones 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 Katie
Pietrzak (519-741-2200 ext. 7135).
The storm sewer is required to be extended in order to achieve a positive outlet for the site at
the owner's sole expense. A storm sewer design is required to the satisfaction of the
Engineering Division. If for some reason this cannot be achieved, a suitable designed solution
for a sump pump outlet will be required to the satisfaction of the Engineering Division.
In accordance with Section 53 of the Ontario Water Resources Act, a certificate of approval for
sewer works will be required by the Ministry of Environment for the extension of the municipal
sewer to the satisfaction of the Director of Engineering.
Any new driveways are to be built to City of Kitchener standards. All work is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system and proposed easements will
be required to the satisfaction of the Engineering Division prior to severance approval.
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.
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.
Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as a new
development lot will be created. The cash -in -lieu dedication required is $10,634.74
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (23.119m) at a land value of $9,200 per frontage metre.
RECOMMENDATION:
That Application B2019-012 requesting consent to sever the subject property into two lots 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 satisfaction of the
City's Revenue Division;
2. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $10,634.74. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage land
value for the severed portion.
3. That the owner provide 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 Owner make 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 satisfactory arrangements with the Director of Engineering for
payment towards future sidewalk installation along the frontage for the severed portion.
6. That the Owner extend the storm sewer or implement a suitable design solution for a
sump pump outlet to the satisfaction of the City's Engineering Division.
7. That any new driveways be built to City of Kitchener standards at the Owner's expense
prior to occupancy of the building to the satisfaction of the City's Engineering Division.
8. That the Owner provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
9. That the Owner submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together
with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system to
the satisfaction of the Director of Engineering Services.
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10. 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.
11. That the Owner shall prepare a Tree Management Plan for both the severed and
retained lands in accordance with the City's Tree Management policy, to be approved
by the City's Director of Planning and where necessary, implemented prior to demolition
or issuance of building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped areas and
vegetation to be preserved.
12. That the Owner obtains Demolition Control approval in accordance with the City's
Demolition Control By-law to the satisfaction of the Director of Planning.
13. That the Owner obtains a demolition permit to the satisfaction of the Chief Building
Official.
14. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
Eric Schneider, BES
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
L
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Region of Waterloo
File No. D20-20/19 KIT
April 9, 2019
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterl oo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Application B2019-005, 62019-
006 and B2019-011 to B2019-014
Committee of Adjustment Hearing April 16, 2019
CITY OF KITCHENER
B2019-005 and B2019-006
151 Wentworth Avenue
Mark and John Benjamins
The owner/applicant is proposing a severance to create a new residential lot. An
easement is required on the severed lands to provide shared driveway access for each
lot.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 2971876 Version: 1
B2019-011
75 Tillsley Drive
The Governing Council of the Salvation Army in Canada
The owner/applicant is proposing to sever the current property into two lots. The
retained land would continue to be used for a religious institution while the severed lot
would be developed for residential use.
Community Planning:
Regional Fee
Regional Staff acknowledge receipt of the required consent review fee.
Archaeological Assessment:
Regional Staff require the completion of an Archeological Assessment for the proposed
severed property because of the proximity to Known Archaeological Resources (about
75m from the property line) , and its location within a landform associated with the
habitation of early peoples on the land.
o As per Regional Official Plan policy 3.G.9, the applicant is required to
have a licensed Archaeologist complete an Archeological Assessment for
the entire severed property, and that any adverse impacts to significant
archaeological resources found shall be mitigated, through preservation
of the resource and/or removal and documentation, at the expense of the
owner.
o The applicant must submit the Archaeological Assessment report to the
Ministry of Culture, Tourism and Sport, and once reviewed and accepted,
provide a copy of the Ministry's acceptance letter and the Assessment
report to the Region of Waterloo's Planning, Development and Legislative
Services Department.
o Regional Staff request that if a Stage 3 is recommended by the licensed
Archaeologist, that the Region of Waterloo be circulated the Stage 1 and
2 Assessments and be consulted prior to beginning the Stage 3
Assessment.
The completed Archaeological Assessment and Ministry Clearance Letter will be
required prior to final approval of the Consent Application.
Corridor Planning:
Access
The subject property currently functions with vehicular access locations to both Tillsley
Drive and Erinbrook Drive; there is no direct vehicular access to Westmount Road.
Regional Staff advise that under future development applications, no vehicular access
will be permitted to Westmount Road.
Document Number: 2971876 Version: 1
Stormwater Management & Site Grading
Regional Staff require a detailed stormwater management will as a condition at Site
Plan approval. Staff will require an electronic copy of any stormwater management
report/briefing, as requested by the City of Kitchener Engineering Staff, for review and
approval as the revised stormwater management and grading for the site development
may impact the Westmount Road right of way. The Region will also require an
electronic copy of any civil engineering drawings required for the site.
Transit Planning
Regional Staff acknowledge that there are no transit requirements for the proposed
application.
However, the owners of severed and retained lots must be made aware that Grand
River Transit (GRT) currently operates Route 22 along sections of Tillsley Drive and
Erinbrook Drive. With the proposed ION launch GRT will be completing a transit
network re -design to better align bus routes with ION rapid transit. For more information
regarding the transit network re -design please see the Region's website
httips://www.qrt.ca/en/about-qrt/new-directions.asipx
In association with transit network re -design, transit stops immediately adjacent to and
near -by the subject property will consolidated and re -located to provide enhanced
service. This includes the closure of existing transit stops on Tillsley Drive, and re-
locating them to Erinbrook Drive. The future transit stop location on Erinbrook Drive may
conflict with the proposed vehicular access from the townhouse development to
Erinbrook Drive. Regional staff will work with the owner/applicant to ensure that the
future transit facilities will integrate with the proposed development.
Environmental Noise
A detailed environmental noise study will be required to assess the impacts of road
traffic from Westmount Road and Erinbrook Drive, and any potential stationary noise
sources in the vicinity. The recommendations of the detailed noise study will be required
to be implemented as a Regional condition through a registered agreement with the
Region of Waterloo. Condition(s) must be secured accordingly.
It is the responsibility of the owner/applicant to ensure the development is not adversely
affected by anticipated transportation and/or stationary noise impacts. In this regard the
applicant should prepare an Environmental Noise Study. The noise study must be
prepared in accordance with MOE NPC -300 Guideline.
The noise consultant must be pre -approved by the Region of Waterloo. The noise
consultant is responsible for obtaining current information, applying professional
expertise in performing calculations, making detailed and justified recommendations,
submitting the Consultant Noise Study Declaration and Owner/Authorized Agent
Statement along with three copies of the Environmental Noise Study to the Region of
Waterloo.
Document Number: 2971876 Version: 1
Please note that the Region of Waterloo charges $250 for the preparation of traffic
forecasts and review of Environmental Noise Study. The noise consultant preparing the
Environmental Noise Study must complete and submit a Transportation Planning Noise
Assessment Fee Form and must request forecasted traffic data for the appropriate
Regional roadways. The form can be found at:
https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise-
Assessment-Application--Fee-Form. pdf
As indicated on the form, traffic forecasts for noise assessments will be prepared within
15 business days of the data of the request, but will be withheld if payment has not
been received.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval the owner/applicant submit an Archaeological
assessment report to the Ministry of Culture, Tourism and Sport, and once
reviewed and accepted, provide a copy of the acceptance letter and assessment
report to the Region of Waterloo's Planning, Development and Legislative
Services Department.
2) That prior to final approval the owner/applicant submit an Environmental Noise
Study to the satisfaction of the Region, and if necessary, based on the
recommendations of the study enter into a Registered Development Agreement
with the Region of Waterloo to implement the recommendations of the study.
B2019-012
53 Lichty Crescent
Ray Kraishnik
The owner/applicant is proposing a residential severance.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2019.
Document Number: 2971876 Version: 1
In discussions with the City of Kitchener during the pre -submission consultation
(January, 2019) a Functional Servicing report is required to ensure the proposed
development will be able to meet the required designed fire flows.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
2) That prior to final approval, the owner/applicant submit a Functional Servicing
Report to the satisfaction of the Region.
B2019-013
118 Doon Valley Drive
Owl Properties Incorporated
The owner/applicant is proposing to sever the property at 118 Doon Valley Drive from
the larger land holding owned by Owl Properties Incorporated.
Community Planning:
Regional Fee
Regional Staff acknowledge receipt of the required consent review fee.
Regional staff has no objection to the application.
*k11 pill El I
128 Mill Street
Robert Broadfoot
The owner/applicant is proposing a residential severance. The existing dwelling will be
retained and a new dwelling (duplex) will be built on the new lot.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Document Number: 2971876 Version: 1
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2019.
Environmental Noise:
Regional Staff have reviewed the Rail Noise and Vibration Feasibility study prepared by
HGC (March 11, 2019) received with Consent application B2019-014. The study has
identified that future rail traffic will exceed MECP guidelines due to the adjacent CN
Railway Mainline. Regional Staff have identified these concerns and requested
clarification from the acoustic consultant on April 4, 2019.
The vibration study will be required to be circulated and reviewed by the appropriate
railway authority (CN). Until the identified concerns are provided by the noise
consultant; the study has been reviewed and approved by the appropriate railway
authorities, and any conclusions are found acceptable to Regional Staff, Consent
application B2019-014 cannot be supported.
Upon acceptance of the rail noise/vibration study, the recommendations of the study will
be required to be implemented through a registered agreement with the City of
Kitchener for the severed and the retained lots.
Regional Staff strongly recommend that the above Consent application be deferred until
the noise and vibration feasibility study is completed to the satisfaction of the Region
and the appropriate railway authority (CN).
Regional staff cannot support the proposed consent application.
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 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,
Matthew Colley
Planner
Document Number: 2971876 Version: 1
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: April 8, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-024
51 Benton Street
A 2019-026
607 Victoria Street North
A 2019-027
151 Wentworth Avenue
A 2019-028
151 Westworth Avenue
A 2019-029
150 Eaglecrest Street
A 2019-031
24 Gaukel Street
A 2019-032
262-286 Kingswood Drive
A 2019-033
306 Field Sparrow Crescent
A 2019-034
188 Redtail Street
A 2019-036
2960 Kingsway Drive
A 2019-037
Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201)
A 2019-038
128 Mill Street
Applications for Consent:
B 2019-005
151 Wentworth Avenue
B 2019-006
151 Wentworth Avenue
B 2019-011
75 Tillsley Drive
B 2019-012
53 Lichty Crescent
B 2019-013
118 Doon Valley Drive
B 2019-014
128 Mill Street
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Holly Dyson
From: Hall, Charleyne <charleyne.hall@bell.ca>
Sent: 08 April, 2019 11:52 AM
To: Holly Dyson; eric.schnieder@kitchener.ca
Subject: 519-19-192 - Consent Application B2019-012 - 53 Lichty Crescent
Good morning Holly,
Bell Canada has no concerns with Application for Consent B2019-012 regarding 53 Lichty Crescent.
Thank you,
Charleyne Hall
External Liaison
Bell Canada Right of Way
P: 705-722-2264
F: 705-726-4600
1-888-646-4817
charleyne.hall(a)-bell.ca
140 Bayfield St. Floor 2
Barrie Ontario
L4M 3B 1