HomeMy WebLinkAboutDSD-19-078 - B 2019-005, B 2019-006, A 2019-027 & A 2019-028 - 151 Wentworth AveStaff Repod KN':t F.\FR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 16, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Andrew Pinnell, Planner— 519-741-2200 ext. 7668
WARD: 9
DATE OF REPORT: April 9, 2019
REPORT #: DSD-19-078
SUBJECT: Application Nos.: B2019-005, B2019-006, A2019-027, and A2019-028
Address: 151 Wentworth Avenue
Applicant: Jake Benjamins
Owner: Benjamins Real Estate Holdings Inc.
Summarized Recommendation: Approve Consent Applications Subject
to Conditions; Approve Minor Variance Applications without Conditions
REPORT
Planning Comments:
The subject property is located near the terminus of Wentworth Avenue, in the Mill Courtland Woodside
Park planning community. The property contains a duplex dwelling that was originally constructed as a
single detached dwelling in approximately 1932. The property possesses a large, undeveloped
southeasterly side yard. A detached garage is located in the rear yard. The surrounding neighbourhood
is composed of mainly low density residential land uses, although there is a nearby 5 -storey apartment
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
building. The lands immediately to the rear of the subject property are owned by the City and are used
as a lawn bowling club. The subject property is designated Low Rise Conservation in the Mill Courtland
Woodside Park Secondary Plan and is zoned Residential Five (R-5) in the Zoning By-law. Planning staff
visited the property on January 30, 2019.
In February 2019 the applicant requested consent to create a lot for a new duplex dwelling by severing
the large, undeveloped southeasterly side yard. The retained lands would contain the existing duplex.
Consent was also requested for each resultant lot, to create shared driveway easements to allow both
the existing and new duplex to use a single driveway located between the two buildings. The shared
driveway would lead from Wentworth Avenue to the rear yard parking area. Two parking spaces would
be provided at the rear of each dwelling.
At the request of the applicant, the consent applications were deferred by the Committee on February
19, 2019, in order to provide the applicant sufficient time to prepare and submit minor variance
applications that were identified as being necessary to facilitate the consent applications (see Report #
DSD -19-039). These variances are needed to deal with reduced side yard setbacks for each duplex
dwelling on the shared driveway side, and a reduced front yard setback for the existing front porch
attached to the existing duplex dwelling.
Requested Relief and Consent:
The applicant has now submitted the above mentioned minor variance applications. The proposal for
the subject property now involves 4 Committee of Adjustment applications:
Consent Application B2019-005 requesting to create:
a. A new lot (i.e., Severed Lot / Lot B) with an approximate width of 9.1 metres, depth of 27.1
metres, and area of 248.6 square metres. The Retained Lot (i.e., Lot A) would possess
an approximate width of 11.6 metres, depth of 27.7 metres, and area of 277.0 square
metres, and
b. An easement for access and a shared driveway over the Severed Lot / Lot B in favour of
the Retained Lot/ Lot A.
2. Consent Application B2019-006 requesting to create an easement for access and a shared
driveway over the Retained Lot / Lot A in favour of the Severed Lot / Lot B.
3. Minor Variance Application A2019-027, related to the Retained Lot / Lot A, requesting relief from:
a. Section 39.2.1 of the Zoning By-law to allow an existing duplex dwelling on the Retained
Lot / Lot A to have a minimum side yard of 1.89 metres on the side where a driveway
leading to a required parking space is situated between the main building and the side lot
line, whereas the By-law requires 3.0 metres, and
b. Section 5.6A.4d) and 39.2.1 of the Zoning By-law to allow an existing 1 -storey porch
attached to a duplex dwelling (covered, unenclosed, and exceeding 0.6 metres in height)
to have a minimum front yard of 2.98 metres, whereas the By-law requires 4.5 metres.
4. Minor Variance Application A2019-028, related to the Severed Lot / Lot B, requesting relief from
Section 39.2.1 of the Zoning By-law to allow a proposed duplex dwelling on the Severed Lot / Lot
B to have a minimum side yard of 1.39 metres on the side where a driveway leading to a required
parking space is situated between the main building and the side lot line, whereas the By-law
requires 3.0 metres.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offer the following comments.
General Intent and Purpose of Official Plan Test
All requested variances meet the general intent and purpose of the Official Plan for the following reasons.
Policy 13.4.3.1 of the Mill Courtland Woodside Park Secondary Plan states:
The intent of the Low Rise Conservation designation is to retain the existing low rise, low density,
primarily detached housing stock while simultaneously allowing a slight density increase by
permitting conversion or redevelopment to a maximum of three dwelling units.
Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex
dwellings, multiple dwellings to a maximum of three dwelling units, small lodging houses, small
residential care facilities, home businesses and private home day care.
The requested variances would allow the retention of the existing low rise, low density duplex dwelling
(i.e., containing a total of two dwelling units) on the retained lands and allow the severed lands to be
redeveloped with a duplex dwelling. The variances meet the general intent of the Official Plan.
General Intent and Purpose of Zoning By-law Test
Requested Variances for Minimum Side Yard Relief (3a and 4, above):
In general, the 3.0 metre minimum side yard requirement is intended to ensure that, for a lot that has a
driveway located between the dwelling and the side lot line, the driveway and buffer are wide enough to
safely and functionally accommodate the passage of a vehicle from the street to the required parking
space.
However, in the subject case, a shared driveway is proposed between the existing duplex dwelling and
proposed duplex dwelling. The distance between the dwellings is greater than 3.0 metres and the
minimum width of the shared driveway itself is 2.9 metres. The 3.0 metre minimum side yard requirement
is redundant because only one driveway is proposed for the two dwellings and it is sufficiently wide to
safely and functionally accommodate the passage of a vehicle from the street to the required parking
space. Planning staff is of the opinion that the side yard variances meet the general intent of the Zoning
By-law.
Requested Variance for Minimum Front Yard Relief (3b, above):
Section 5.6A.4a) of the Zoning By-law requires a covered, unenclosed porch attached to a duplex
dwelling to be set back a minimum of only 3.0 metres from the front lot line, as long as it does not exceed
0.6 metres in height above finished grade level. In this case, the covered, unenclosed porch attached to
the existing duplex dwelling is set back 2.98 metres (i.e., 3.0 metres rounded to one decimal); however,
the height of the deck slightly exceeds 0.6 metres in height. As a result, the porch must comply with the
setback requirements for a duplex dwelling (i.e., 4.5 metres).
Planning staff suggests that, in this case, the height of the deck is inconsequential; it is the height and
massing of the roof of the porch that is important, not the height of the deck. The existing porch is only
one storey in height, is set back sufficiently from the street for safety purposes, and is consistent with the
neighbourhood streetscape. The porch was likely constructed at the same time as the dwelling to which
it is attached (i.e., early 1930s) and has presumably existed since that time, without issue. Transportation
Services has confirmed that no further road widenings are contemplated on Wentworth Avenue. Planning
staff is of the opinion that the front yard variance meets the general intent of the Zoning By-law.
"Minor" Test
All requested variances are minor because they do not cause unacceptably adverse impacts on adjacent
properties. Adequate distance will be provided between the proposed and existing duplexes and between
the existing porch and the front lot line, as outlined above. Transportation Services has stated that it does
not have any concerns with any of the requested variances.
Desirability for Appropriate Development or Use Test
The variances for side yard relief will facilitate the construction of a shared driveway. In many ways, the
provision of one shared driveway is better than two individual driveways. The duplexes will generate an
insignificant amount of traffic, so one driveway is adequate to service the two properties. Furthermore,
having only one driveway will reduce the amount of impervious asphalt and increase the potential for
additional landscaping in the front yard. Also, with respect to streetscape aesthetics, vehicles will be directed
to the rear yard parking area thereby reducing the likelihood of parking in the front yard.
The variance for front yard relief will allow an attractive front porch, which was likely constructed in the early
1930s, to be legalized.
Moreover, the three requested variances will facilitate the appropriate creation of a lot for redevelopment via
consent. The variances are desirable for the appropriate development of the land.
Consent Considerations
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, the proposed consent request is not premature and is in the public interest. The proposal
conforms to the City's Official Plan. The proposed lots front onto an established public street with
adequate municipal services. The dimensions and shapes of the proposed lots are suitable for the
purposes for which they are to be subdivided. Adequate schools are located in the vicinity of the subject
lands.
On this basis, Planning staff recommends that all of the above referenced applications be approved,
subject to the conditions outlined in the Recommendation section of this report.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
Building Comments:
Consent Comments:
The Building Division has no objections to the proposed applications provided:
1. A qualified designer is retained to complete a building code assessment as it relates to the new
proposed property line and any of the building adjacent to this new property line shall addresses
such items as:
Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official.
Closing in of openings may be required, pending spatial separation calculation results.
2. A building permit shall be obtained for any remedial work/ upgrades required by the building code
assessment.
A separate building permit will be required for construction for the new duplex dwelling.
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 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 construction of any new
residential buildings
Minor Variance Comments for Severed Lot/ Lot 8 (A2019-028):
The Building Division has no objections to the proposed variance provided a building permit for the duplex
is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions.
Minor Variance Comments for Retained Lot /Lot A (A2019-027):
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
Consent and Minor Variance Comments:
Transportation Services has no concerns with the proposed applications.
Engineering Comments:
Consent 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. Storm sewer currently terminates near West Lansdowne and may be
required to be extended for this development if alternate sump pump discharge can't be
accommodated on site. Any further enquiries in this regard should be directed to Eric Riek (519-
741-2200 ext. 7330).
• Any new driveways are to be built to City of Kitchener standards. All works 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:
Consent Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as new development lot will
be created. The cash -in -lieu dedication required is $4,203.02
Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by
the lineal frontage (9.137m) at a land value of $9,200 per frontage meter.
Regional Municipality of Waterloo Comments:
Consent Comments:
The owner/applicant will be required to submit the
approval of the proposed consent.
Regional consent review fee ($350.00) prior to final
Regional staff has no objection to the application, subject to the following condition of approval:
• That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent
Application Review Fee of $350.00.
RECOMMENDATION
1. That Consent Application B2019-005, requesting consent:
a. To create a new lot with an approximate width of 9.1 metres, depth of 27.1 metres,
and area of 248.6 square metres, and
b. To create an easement for access and a shared driveway over the severed lot in
favour of the retained lot,
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 shall 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 sized 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.
3) That the owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands to be severed.
4) That the severed lot and access / shared driveway easement be in general
accordance with the "Site Plan" drawing submitted with Minor Variance Application
A2019-028, prepared by Gerrard's Design & Drafting Inc., dated March 8, 2019, to
the satisfaction of the City's Director of Planning.
5) That B2019-006 receive final approval.
6) That Minor Variance Applications A2019-027 and A2019-028 receive final approval.
7) That the existing detached garage in the rear yard be demolished or removed from
the property, with the applicable Building Permits as necessary, to the satisfaction
of the City's Chief Building Official.
8) That the owner shall fulfill the following conditions related to the creation of a
access / shared driveway easement over the severed lot in favour of the retained
lot:
a. That the Transfer Easement document(s) required to create the Easement
being approved herein shall include the following, and shall be approved by
the City Solicitor, in consultation with the City's Director of Planning and
Director of Engineering Services:
i. a clear and specific description of the purpose of the Easement and
of the rights and privileges being granted therein (including detailed
terms and/or conditions of any required maintenance, liability and/or
cost sharing provisions related thereto); and
ii. a clause/statement/wording confirming that the Easement being
granted shall be maintained and registered on title in perpetuity and
shall not be amended, released or otherwise dealt with without the
express written consent of the City
b. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easement and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
9) That the owner shall retain a qualified designer and complete a building code
assessment as it relates to the proposed property line, to the satisfaction of the
City's Chief Building Official. The assessment shall address, for example, spatial
separation of the wall face of the existing building, and the possibility of closing
building openings.
10) That the owner apply for and obtain a building permit for any remedial work /
upgrades required by the building code assessment, to the satisfaction of the City's
Chief Building Official.
11)That the owner make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the
severed lands. This may include the extension of a storm sewer at the discretion
of the City's Engineering Services.
12) That the owner make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard
landscaping including street trees, and a paved driveway ramp, on the severed and
retained lands, or otherwise receive relief from Engineering Services for this
requirement.
13) That the owner prepare a servicing plan showing outlets to the municipal servicing
system to the satisfaction of Engineering Services, prior to endorsement of the
deed for the severed lands.
14) That the owner prepare and submit a Development Asset Drawing (AutoCAD
format) for the site (e.g., servicing, stormwater management, etc.) with
corresponding layer names and asset information, to the satisfaction of the City's
Engineering Services.
15) That the applicant submit payment for the Consent Application Review Fee of
$350.00, to the satisfaction of the Regional Municipality of Waterloo.
2. That Consent Application B2019-006, requesting consent to create an easement for a
shared driveway over the retained lot in favour of the severed lot,
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 shall 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 sized 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.
3) That the access / shared driveway easement be in general accordance with the "Site
Plan" drawing submitted with Minor Variance Application A2019-028, prepared by
Gerrard's Design & Drafting Inc., dated March 8, 2019, to the satisfaction of the
City's Director of Planning.
4) That B2019-005 receive final approval.
5) That Minor Variance Applications A2019-027 and A2019-028 receive final approval.
6) That the existing detached garage in the rear yard be demolished or removed from
the property, to the satisfaction of the City's Chief Building Official.
7) That the owner shall fulfill the following conditions related to the creation of a
access / shared driveway easement over the retained lot in favour of the severed
lot:
a. That the Transfer Easement document(s) required to create the Easement
being approved herein shall include the following, and shall be approved by
the City Solicitor, in consultation with the City's Director of Planning and
Director of Engineering Services:
L a clear and specific description of the purpose of the Easement and
of the rights and privileges being granted therein (including detailed
terms and/or conditions of any required maintenance, liability and/or
cost sharing provisions related thereto); and
ii. a clause/statement/wording confirming that the Easement being
granted shall be maintained and registered on title in perpetuity and
shall not be amended, released or otherwise dealt with without the
express written consent of the City
b. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easement and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
3. That Minor Variance Application A2019-027, related to the retained lot, requesting
relief from:
a. Section 39.2.1 of the Zoning By-law to allow an existing duplex dwelling on the
retained lot have a minimum side yard of 1.89 metres on the side where a driveway
leading to a required parking space is situated between the main building and the
side lot line, whereas the By-law requires 3.0 metres, and
b. Section 5.6A.4d) and 39.2.1 of the Zoning By-law to allow an existing, 1 -storey porch
attached to a duplex dwelling (covered, unenclosed, and exceeding 0.6 metres in
height) to have a minimum front yard of 2.98 metres, whereas the By-law requires
4.5 metres,
be approved without conditions.
4. That Minor Variance Application A2019-028, related to the severed lot, requesting
relief from Section 39.2.1 of the Zoning By-law to allow a proposed duplex dwelling on the
severed lot to have a minimum side yard of 1.39 metres on the side where a driveway
leading to a required parking space is situated between the main building and the side lot
line, whereas the By-law requires 3.0 metres, be approved without conditions.
Andrew Pinnell, BES, MCIP, RPP
Planner
Attachment-
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
• Site Plan drawing submitted with the Minor Variance Application A2019-028, prepared by
Gerrard's Design & Drafting Inc., dated March 8, 2019.
Site Plan drawing submitted with the Minor Variance Application A2019-028, prepared by
Gerrard's Design & Drafting Inc., dated March 8, 2019
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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
Region of Waterloo
April 02, 2019
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have following comments:
1. SG 2019-008
— 72 Wilson Road — No Concerns.
2. A 2019-026 —
607 Victoria Street North — No Concerns.
3. A 2019-027 —
151 Wentworth Avenue — No Concerns.
4. A 2019-028 —
151 Wentworth Avenue — No Concerns.
5. A 2019-029 —
150 Eaglecrest Street — No Concerns.
6. A 2019-030 —
176 Woolwich street — No Concerns.
7. A 2019-031 —
24 Gaukel Street—No Concerns.
8. A 2019-032 —
262-286 Kingswood Drive — No Concerns.
9. A 2019-033 —
306 Field Sparrow Crescent — No Concerns.
10.A 2019-034 —
188 Redtail Street — No Concerns.
11.A 2019-035 — 186 Kent Avenue — No Concerns.
12.A 2019-036 — 2960 Kingsway Drive — No Concerns.
13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns.
14.A 2019-038 — 128 Mill Street — No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 2976564
Page 1 of 2
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
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: 04 February, 2019 11:15 AM
To: Holly Dyson
Subject: 519-19-118 - Consent Application B2019-005 - 151 Wentworth Avenue
Good morning Holly,
Bell Canada has no concerns with Application for Consent B2019-005 regarding 151 Wentworth Avenue.
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