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Home My WebLink AboutDSD-19-132 - B 2019-014 & A 2019-038 - 128 Mill StStaff Report -x Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 9 DATE OF REPORT: May 13, 2019 REPORT NUMBER: DSD -19-132 SUBJECT: Follow Up to DSD -19-092 Applications B2019-014 & A2019-038 128 Mill Street Owner/Applicant — Robert Broadfoot and Rachel Molnar Defer -141 398 V38 \3i X36 I 34 M Hlghlana Cnurts Park 14] 149 151 128 169 / 149 2]9 SpAOlNARO E 1 �O 193 A 7 FRT 291 i18�1 I H eTr I 122 222 1% 160 127 .136 F 1fi4 131 s 149 �` ,'144 232 ,�' HJT X146 2Y 1� 1]6'/ cifGe 141 159 t1' O�y� 1451,.. 236 yo 'Pj 1 a'/ 151 2. 235 /1]9 9G "t 88 5' 16D 252 1 183.15], 182 256 24] 137 /998 ' t66 260211 �N1 6G 262 185 t68 262 255 t9 14500 las 178 2fi3 YY fyP �3 265 \ 919 OIL— 389 1\315 182, 51 A 281283 \, 177 181 168 a1 7] Gospel Hall 181 189 264 29D ___ M*8\ l�ee'iN�uN� Subject Property: 128 Mill Street Background: On April 16, 2019, the Committee of Adjustment deferred Applications B2019-014 & A2019-038 to the May 21, 2019 meeting to allow additional time for comments for the Region of Waterloo Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca and Canadian National Railway to review the Noise and Vibration Study submitted with the application. As comments are still outstanding, Staff is recommending that the applications be deferred to the June 18, 2019 Committee of Adjustment meeting. RECOMMENDATION: 1. That Application B2019-014 proposing to sever a portion of 128 Mill Street that is 5.14 metres wide at the street and 14.68 metres wide at the rear, with a lot depth of 47.94 and 34.61 metres, and a lot area of 678.3 square metres, be deferred to the "Unfinished Business" agenda of the June 18, 2019 Committee of Adjustment meeting. 2. That Minor Variance Application A2019-038 requesting a reduced lot width at the street of 5.14 metres whereas 9.0 metres is required, be deferred to the "Unfinished Business" agenda of the June 18, 2019 Committee of Adjustment meeting. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner Staff Report -x Development Services Department wwwkitchener.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: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 9 DATE OF REPORT: April 5, 2019 REPORT NUMBER: DSD -19-092 SUBJECT: Applications B2019-014 & A2019-038 128 Mill Street Owner/Applicant — Robert Broadfoot and Rachel Molnar Defer \3T 65 112 \36 II 167 116 34 11i 33 111 d t � 122 115 12d 0 119 Hl ghlinh Courts Park 152 123 147' X156 149'f\' '169 127 191\ 131Z` 1fi4 12D 155 a 168 /135 165 169 1, �N �. Al O.{1'k- .. 1 T5 "P�y 188 / 119. 9G .'186 187 98 /J19'I ,x, 2]6 \/$y S.PF.DlI`IA RD E / 111 tts?l Y96.' r 189 — 184 177 J 1' ra4 193 Gm Pal Hall 1i1 112T5 CZ' 19T 1i3 F� 261 187 191 St) zoo 93 149 2D4 / M1c&W9pri6fC1'_aen[ 226 267 2 /\ 222 A pal 229 P*N 256 /..M/ 235 311315 2T1 1821 5t A 1]- 168 Subject Property: 128 Mill Street Report: The owner is proposing to sever the subject lands to create a new "flag shape" lot behind the existing dwelling. The existing residential dwelling at 128 Mill Street is proposed to remain. The proposed lot requires a minor variance to permit a reduced lot width, as the lot width is measured where the proposed lot is most narrow. The proposed lot is wider at the rear, resembling a "flag" or "P" shape. Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca The existing property has a lot width of 18.23 metres. Severance application B2019-014 proposes to sever a portion of 128 Mill Street that is 5.14 metres wide at the street and 14.68 metres wide at the rear, with a lot depth of 47.94 and 34.61 metres, and a lot area of 678.3 square metres. The retained lands have an area of 337.9 square metres. Minor Variance Application A2019-038 is requesting a reduced lot width at the street of 5.14 metres whereas 9.0 metres is required. The irregular shaped lot is proposed in order to retain the existing dwelling and streetscape while permitting some new residential intensification. A site inspection was conducted on March 26, 2019. Existing Dwelling at 128 Mill Street At this time, Planning Staff have not received final comments from the Region of Waterloo or Canadian National Rail and are recommending that the applications be deferred to the May 21, 2019 Committee of Adjustment meeting to allow both commenting agencies the opportunity to formally review the Noise and Vibration Study submitted with the application. Staff Report Development Services Department RECOMMENDATION: K"'""' NFR wwwki tchenr. ca 1. That Application B2019-014 proposing to sever a portion of 128 Mill Street that is 5.14 metres wide at the street and 14.68 metres wide at the rear, with a lot depth of 47.94 and 34.61 metres, and a lot area of 678.3 square metres, be deferred to the "Unfinished Business" agenda of the May 21, 2019 Committee of Adjustment meeting. 2. That Minor Variance Application A2019-038 requesting a reduced lot width at the street of 5.14 metres whereas 9.0 metres is required, be deferred to the "Unfinished Business" agenda of the May 21, 2019 Committee of Adjustment meeting. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner N* 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: 08 April, 2019 11:48 AM To: Holly Dyson; Garett Stevenson Subject: 519-19-194 - Consent Application B2019-014 - 128 Mill Street Good morning Holly, Bell Canada has no concerns with Application for Consent B2019-014 regarding 128 Mill Street. 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