HomeMy WebLinkAboutDSD-19-172 - B 2019-030, B 2019-031, A 2019-064 & A 2019-065 - 452 & 456 Prospect AveStaff Report
Development Services Department
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REPORT TO:
Committee of Adjustment
DATE OF MEETING:
July 16, 2019
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Richard Kelly-Ruetz, Technical Assistant (Planning & Zoning)
519-741-2200 ext. 7110
WARD: 2
DATE OF REPORT: July 5, 2019
REPORT #: DSD -19-172
SUBJECT: 452 Prospect Avenue — Applications: B2019-030 & A2019-064
456 Prospect Avenue — Applications: B2019-031 & A2019-065
Applicant: Jeremy Krygsman
Owner(s): William Wirtz (452 Prospect Avenue)
William Wirtz & Megan Wirtz (456 Prospect Avenue)
Summarized Recommendation: Approve Consent Applications Subject
to Conditions; Approve Minor Variance Applications without Conditions
REPORT
Planning Comments:
The subject properties are located at 452 & 456 Prospect Avenue are designated Low Rise Residential in
the City's Official Plan and Zoned Residential Three (R-3) in Zoning By-law 85-1. The properties are located
near the intersection of Broadview Avenue and Weber Street East in the Stanley Park Planning Community.
A site inspection was done on July 3 2019. Each lot contains an existing single detached dwelling with
detached garage. The surrounding neighbourhood is composed primarily of low density residential uses.
The subject properties are shown below.
Existing Conditions and Location Map — 452 & 456 Prospect Avenue
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The applicant is proposing to sever the rear portion 452 Prospect Avenue, convey this portion to 456
Prospect Avenue as a lot addition to create a new flag shaped lot, and subsequently sever the flagged
shaped lot to create a new lot with frontage on Broadview Avenue to be used for future residential
development. The proposal is shown on the severance sketch submitted in support of the applications. The
retained portions of 452 & 456 Prospect Avenue require several variances each to legalize existing
conditions to facilitate the proposed severance(s). The proposal is illustrated below.
Proposed new lot fronting Broadview Avenue
Existing 452-456 Prospect Ave. Proposed new lot fronting Broadview Ave.
Staff note that the property known as 456 Prospect Avenue was erroneously referred to as 465 Prospect
Avenue during the circulation notice. This was a typographical error and has since been clarified in a second
mailing to properties within 30 metres of the subject property and corrected on the City's website.
Requested Consent and Minor Variances Applications
The applicant has submitted 4 Committee of Adjustment applications, summarized below:
1. Consent Application B2019-030 at 452 Prospect Avenue requesting to create:
a. A new parcel of land (Parcel 2) with an approximate width of 25.2 metres, depth of 12.3
metres, and area of 309.7 square metres, to be conveyed as a lot addition to the lands to the
east known as 456 Prospect Avenue. The retained lot (Parcel 1) would have an approximate
width of 12.19 metres, depth of 38.2 metres, and area of 467.2 square metres.
2. Consent Application B2019-031 at 456 Prospect Avenue requesting to create:
a. A new lot (Parcel 2 & Parcel 4) with an approximate width of 25.2 metres, depth of 24.49
metres, and area of 617 square metres. The retained lot (Parcel 3) would have an
approximate width of 12.19 metres, depth of 38.19 metres, and area of 465.8 square metres.
3. Minor Variance Application A2019-064 at 452 Prospect Avenue requesting relief from:
a. Section 37.2.1 of the Zoning By-law to allow a minimum lot width of 12.2 metres whereas the
By-law requires 13.7 metres; and,
b. Section 37.2.1 of the Zoning By-law to allow a side yard with a driveway leading to a required
parking space to be 2.8 metres whereas the By-law requires 3 metres.
4. Minor Variance Application A2019-065 at 456 Prospect Avenue requesting relief from:
a. Section 37.2.1 of the Zoning By-law to allow a minimum corner lot width of 12.19 metres
whereas the By-law requires 15 metres;
b. Section 37.2.1 of the Zoning By-law to allow a minimum side yard of 1.07 metres whereas
the By-law requires 1.2 metres;
c. Section 37.2.1 of the Zoning By-law to allow a front yard of 4.48 metres whereas the By-law
requires 4.5 metres;
d. Section 37.2.1 of the Zoning By-law to allow a side yard abutting a street of 2.93 metres
whereas the By-law requires 4.5 metres;
e. Section 37.2.1 of the Zoning By-law to locate a building containing the required off-street
parking space to be 0.8 metres from the street line, whereas the By-law requires 6 metres
from the street line;
f. Section 6.1.1.1 b) i) of the Zoning By-law to allow off-street parking to be located 0 metres
from the street line, whereas the By-law requires 6 metres;
g. Section 5.3 of the Zoning By-law to allow the existing building to be within the driveway
visibility triangle and corner visibility triangle by 0.06 metres, whereas the By-law does not
permit any encroachments within a visibility triangle;
h. Section 5.5.2 c) of the Zoning By-law to allow an accessory building to have a minimum side
yard abutting the street of 0.8 metres, whereas the By-law does not permit an accessory
building to locate in a side yard abutting a street;
L Section 5.5.2 e) of the Zoning By-law to allow an accessory building to locate between a
street line and the nearest point of the principle building, whereas the By-law does not allow
this; and,
j. Section 6.1.1.1 b) iv) to allow a driveway to be located 0 metres from the intersection of the
street lines abutting the lot whereas the By-law requires 9 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 of the Official Plan. The subject property is designated
Low Rise Residential in the Official Plan and the intent of this designation is to encourage a range of
different forms of housing to achieve a low density neighbourhood. The requested variances seek to legalize
existing conditions for two existing single detached dwellings. These variances are appropriate and continue
to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff
that the requested variances meet the general intent of the Official Plan.
`General' Intent and Purpose of Zoning By-law Test
Variances for retained portion of 452 Prospect Avenue (Parcel 1)
The first requested variance to allow a minimum lot width of 12.2 metres rather than the 13.7 metres
meets the general intent of the Zoning By-law. The intent of the 13.7 metres is to ensure sufficient lot
width for a single detached dwelling. There is an existing single detached dwelling on the 12.2 metre lot
which continues to function well, thus satisfying the general intent of the By-law.
The second requested variance to allow a side yard with a driveway leading to a required parking space
to be 2.8 metres rather than the required 3 metres, meets the general intent of the Zoning By-law. The
intent of the 3 metre side yard is to ensure sufficient space for a vehicle to drive though and open doors.
The side yard with driveway is existing and staff are satisfied there is sufficient space for a vehicle to
access the detached garage at the rear of the lot, thus satisfying the general intent of the By-law.
Variances for retained portion of 456 Prospect Avenue (Parcel 3)
The first requested variance to allow a minimum corner lot width of 12.19 metres rather than the required
15 metres meets the general intent of the Zoning By-law. The intent of the 15 metre corner lot width is to
allow for sufficient space on a corner lot to account for two street frontages and space for visibility
triangles, in addition to a dwelling. This corner lot has been functioning with a reduced lot width and staff
has no concerns with the continued use as such, as this is an existing condition and no concerns have
been raised.
The second requested variance to allow a minimum side yard of 1.07 metres rather than the required 1.2
metres meets the general intent of the Zoning By-law. The intent of the 1.2 metre side yard is to ensure
sufficient space to access the rear yard of the dwelling and to maintain separation from adjacent
properties. Staff is satisfied that this intent is maintained with the legalization of an existing condition.
The third requested variance to allow a front yard of 4.48 metres rather than the required 4.5 metres
meets the general intent of the Zoning By-law. The intent of the 4.5 metre front yard setback is to maintain
a consistent streetscape for dwellings. The existing setback of 4.48 metres maintains a consistent
setback and satisfies the general intent of the By-law.
The fourth requested variance to allow a side yard abutting a street of 2.93 metres rather than the required
4.5 metres meets the general intent of the Zoning By-law. Like the front yard requirement, the intent of
the 4.5 metre side yard abutting a street is to maintain a consistent streetscape for dwellings. The existing
setback of 2.93 metres maintains a consistent setback and satisfies the general intent of the By-law.
The fifth requested variance to locate a building containing the required off-street parking space 0.8
metres from the street line rather than the required 6 metres and the sixth requested variance to allow
off-street parking to be located 0 metres from the street line rather than the required 6 metres, meets the
general intent of the Zoning By-law. The intent of each regulation is to separate vehicle parking spaces
from the street. In this case, the existing detached garage is located 0.8 metres from the side lot line
abutting a street. While the detached garage structure is located 0.8 metres from the side lot line abutting
a street, it is located well beyond 6 metres from the functioning front property line, therefore satisfying
the general intent of the By-law.
The seventh requested variance to allow the existing dwelling to be within the driveway visibility triangle
and corner visibility triangle by 0.06 metres whereas the By-law does not permit any encroachments
within a visibility triangle meets the general intent of the Zoning By-law. The intent of not allowing
encroachments in a visibility triangle is to maintain visibility for and of vehicles and pedestrians at the
intersection. The minor encroachments into the visibility triangles are existing and staff is not aware of
any concerns with the existing situation, thus satisfying the general intent of the By-law. Transportation
staff is supportive of the variance to allow the encroachment.
The eighth requested variance to allow an accessory building to have a minimum side yard abutting the
street of 0.8 metres whereas the By-law does not permit an accessory building to be located in a side
yard abutting a street, and the ninth requested variance to allow an accessory building to locate between
a street line and the nearest point of the principle building, whereas the By-law does not allow this, meets
the general intent of the Zoning By-law. For both of these variances, the intent of not permitting an
accessory building between the principle dwelling and the street line is to reduce visual clutter on the
streetscape by encouraging accessory buildings to locate in the rear yard and/or side yard, as opposed
to the front yard and/or side yard abutting a street. In this case, the accessory building is located in a side
yard abutting a street and functions as a garage for the dwelling. The detached garage is existing and
only slightly off-line from the existing house. Staff is satisfied that legalizing the existing location of the
detached garage will not cause any adverse visual impacts to the streetscape and continue to function
as a parking space.
The tenth requested variance to allow a driveway to be located 0 metres from the intersection of the
street lines abutting the lot rather than the required 9 metres meets the general intent of the Zoning By-
law. The intent of the 9 metre setback is to ensure pedestrian and vehicular safety. It is staff's opinion
that legalizing the existing reduction will not impact the property or access to the intersection as the
property has been functioning as such since it was developed. Transportation staff is supportive of the
variance and staff is satisfied the variance meets the general intent of the Zoning By-law.
"Minor" Test
All requested variances are minor because they seek to legalize existing conditions. In all likelihood, these
conditions have existed since the lots were originally developed in and around 1940-1960. No changes are
proposed to the existing buildings on the retained portions of 452 & 456 Prospect Avenue. Transportation
Services has stated that it does not have concerns with any of the requested variances.
Desirability for Appropriate Development or Use Test
The requested variances seek to facilitate the development of a new lot through the legalization of existing
non -compliances for the retained portions of 452 and 456 Prospect Avenue. The new lot meets the minimum
area and width dimensions of the Zoning By-law and is an appropriate lot for new development. As such,
the legalization of existing conditions to facilitate the creation of a new lot for development is appropriate and
desirable for the use and 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 lot fronts onto an established public street with
adequate municipal services. The dimension and shape of the proposed new lot is consistent with
surrounding lots in the neighbourhood. The severed land and new lot is suitable for future residential
development and proposed to be developed with a single detached dwelling, a permitted residential use.
The severed lot complies with the regulations of the Residential Three (R-3) zone and is consistent with
the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The
proposed lot and proposed land use is compatible with the existing surrounding community. Pending
approval of the associated minor variance applications, the retained lots will be legalized and are also
consistent with the established land uses in the neighbourhood.
Staff notes that the area proposed to be the new lot previously had some tree coverage and shrubbery
which appears to have been recently clear cut. There remain some existing hedges and trees that
overhang the area proposed to contain the new lot. As such, staff has added a condition to be registered
on the title of the land with respect to a Tree Preservation Plan to ensure the existing vegetation is
protected.
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:
The City's standard tree protection condition is required as a condition of approval, for both the severed
and retained lands. A Tree Preservation/Enhancement Plan is required for the severed and retained
lands in accordance with the City's Tree Management Policy, which must be submitted and approved
before any building permit is issued.
Building Comments:
Consent 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. Separate building permit(s) will be required for the construction of all
new residential buildings.
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, storm 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).
• 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 a new development lot
will be created. The cash -in -lieu dedication required is $11,592.00
Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by
the lineal frontage (25.2m) at a land value of $9,200 per frontage meter.
Region Comments:
Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the
creation of a new lot.
Regional staff has no objection to the applications, 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.
RECOMMENDATION
1. That Consent Application B2019-030 at 452 Prospect Avenue, requesting consent:
a. To create a new parcel of land (Parcel 2) with an approximate width of 25.2 metres,
depth of 12.3 metres, and area of 309.7 square metres, to be conveyed as a lot
addition to the lands to the east known as 456 Prospect Avenue,
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 Minor Variance Application A2019-064 and A2019-065 received final approval.
4) That the lands to be severed be added to the abutting lands immediately to the east,
addressed as 456 Prospect Avenue, and title be taken into identical ownership as the
abutting lands. The deed for endorsement shall include that any subsequent
conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of
the Planning Act, R.S.O. 1990, c. P.13, as amended.
5) That the owner's Solicitor shall provide a Solicitor's Undertaking to register an
Application Consolidation Parcels immediately following the registration of the
Severance Deed and prior to any new applicable mortgages, and to provide a copy of
the registered Application Consolidation Parcels to the City Solicitor within a
reasonable time following registration.
2. That Consent Application B2019-031 at 456 Prospect Avenue, requesting consent:
a. To create a new lot (Parcel 2 & Parcel 4) with an approximate width of 25.2 metres,
depth of 24.49 metres, and area of 617 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 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 Minor Variance Application A2019-064 and A2019-065 received final approval.
5) That Consent Application B2019-030 receive final approval.
6) That the owner shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on title of the severed and retained lands which
shall include the following:
a. That the owner shall prepare a Tree Preservation Plan for the severed 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 any
grading, tree removal or the issuance of building permits. Such plans shall
include, among other matters, the identification of a proposed building
envelope/work zone, building elevation drawings, landscaped area and
vegetation to be preserved.
b. The owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City's Director
of Planning.
7) 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 and/or retained) lands.
8) 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.
9) 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.
10) 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.
11) That the applicant submit payment for the Consent Application Review Fee of
$350.00, to the satisfaction of the Regional Municipality of Waterloo.
3. That Minor Variance Application A2019-064 at 452 Prospect Avenue, related to the retained
lot, requesting relief from:
a. Section 37.2.1 of the Zoning By-law to allow a minimum lot width of 12.2 metres
whereas the By-law requires 13.7 metres; and,
b. Section 37.2.1 of the Zoning By-law to allow a side yard with a driveway leading to
a required parking space to be 2.8 metres whereas the By-law requires 3 metres.
be approved without conditions.
4. That Minor Variance Application A2019-065 at 456 , related to the retained lot, requesting
relief from:
a. Section 37.2.1 of the Zoning By-law to allow a minimum corner lot width of 12.19
metres whereas the By-law requires 15 metres;
b. Section 37.2.1 of the Zoning By-law to allow a minimum side yard of 1.07 metres
whereas the By-law requires 1.2 metres;
c. Section 37.2.1 of the Zoning By-law to allow a front yard of 4.48 metres whereas the
By-law requires 4.5 metres;
d. Section 37.2.1 of the Zoning By-law to allow a side yard abutting a street of 2.93 metres
whereas the By-law requires 4.5 metres;
e. Section 37.2.1 of the Zoning By-law to locate a building containing the required off-
street parking space to be 0.8 metres from the street line, whereas the By-law requires
6 metres from the street line;
f. Section 6.1.1.1 b) i) of the Zoning By-law to allow off-street parking to be located 0
metres from the street line, whereas the By-law requires 6 metres;
g. Section 5.3 of the Zoning By-law to allow the existing building to be within the
driveway visibility triangle and corner visibility triangle by 0.06 metres, whereas the
By-law does not permit any encroachments within a visibility triangle;
h. Section 5.5.2 c) of the Zoning By-law to allow an accessory building to have a
minimum side yard abutting the street of 0.8 metres, whereas the By-law does not
permit an accessory building to locate in a side yard abutting a street;
i. Section 5.5.2 e) of the Zoning By-law to allow an accessory building to locate between
a street line and the nearest point of the principle building, whereas the By-law does
not allow this; and,
j. Section 6.1.1.1 b) iv) to allow a driveway to be located 0 metres from the intersection
of the street lines abutting the lot whereas the By-law requires 9 metres.
be approved without conditions.
Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP
Technical Assistant (Planning & Zoning) Senior Planner
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
*Z11 P111P4.1
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. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
File No. D20-20/19
KIT
July 9, 2019
Re: Comments for Consent Application B2019-025 through
B2019-050 and CC2019-005 to CC2019-007
Committee of Adjustment Hearing July 16, 2019
CITY OF KITCHENER
4283 King Street East
1719288 Ontario Inc.
The owner/applicant is proposing to extend an existing lease.
Regional staff has no objection to the application.
4285 King Street East
1719288 Ontario Inc.
The owner/applicant is proposing to extend an existing lease.
Regional Staff has no objection to the application.
Document Number: 3051281 Version: 1
B2019-027
1340 Fischer -Hallman Road
Activa Holdings Inc.
The owner/applicant is proposing a consent application to create a stormwater
easement for the purpose of receiving stormwater from the adjacent lands to the north
and permitting it to flow through to the outlet (Strasburg Creek).
Regional Staff has no objection to the application.
B2019-028
37 Heiman Street
Kiah Group Inc. c/o Sean O'Neill
The owner/applicant is proposing a lot severance. The Committee of Adjustment
previously granted provisional consent approval to create this lot in March 2018 via
application B2018-023.
Regional Comments:
Community Planning:
Regional Staff require the owner/applicant to submit the required consent review fee of
$350.00 for the creation of a new lot.
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.
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.
B2019-029
4278 King Street East
Sportsworld Crossing Inc.
The owner/applicant is proposing to a lot severance. The proposed severed lot will
include the existing office building and parking lot and the proposed retained lot will
remain vacant for future commercial uses. The owner/applicant also requires an
easement for shared use of the existing driveway.
Document Number: 3051281 Version: 1
Regional Comments:
Community Planning:
Regional Staff require the owner/applicant to submit the required consent review fee of
$350.00 for the creation of a new lot.
Noise:
The owner/applicant will be required to enter into an agreement with the Region to
submit a detailed Environmental/Stationary Noise Study and secure its implementation
prior to Site Plan approval for any proposed development on the retained lands (Parcel
B).
The Assessment must address the possible impact of road traffic on any proposed
development. In addition the Assessment must address the possible impact generated
by the proposed development on all noise -sensitive uses in the vicinity and on the
development itself, as well as any off-site noise sources identified by the noise
consultant that may have an impact on the proposed development.
The owner/applicant is required to enter into an agreement with the Region to complete
the noise study prior to Site Plan and once approved amend/enter into a new
agreement to implement the recommendations of that study.
Regional Road Dedication:
While no further road widening dedication is required along Regional Road 08 (King
Street East) in accordance with the designated road width provided in Schedule `A' of
the Regional Official Plan (ROP), please be advised that the King Street East corridor
has been identified as the Region of Waterloo Council Endorsed, Preferred Option for
Stage 2 of the Region's Light Rail Transit (ION). Under the ION Stage 2 re -construction
process, further property dedications may be required in association with that project.
For more information regarding the Region of Waterloo ION Stage 2 project please
consult the Region of Waterloo website.
(https://rapidtransit. regionofwaterloo.ca/en/stage21ON/stage2ion.asp)
Access Permit/TIS/Access Regulation:
The subject property currently has a right -in, right -out vehicular access to King Street
East which also connects internally to the #4220 King Street East property.
A new mutual shared access at the northwest property limits along with a mutual shared
access easement between the properties owners intended to use the new relocated
access will be required. The existing right -in, right -out access on King Street East will be
closed.
Document Number: 3051281 Version: 1
A Regional Road Access Permit application with an application fee of $230 will be
required for the proposed access re -location and the closure of the existing access. The
access permit application is available at:
https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf.
No other direct access to King Street East would be allowed to the retained lands.
Regional Road Reconstruction — Please be advised that this section of King Street East
is scheduled for re -construction in 2021 & 2022 according to the Region of Waterloo 10 -
Year Transportation Capital Program. For more information on this project please
contact Mr. William Gilbert at 519-575-4603.
Stormwater Management:
Regional Staff would note that a detailed SWM management report would be required
for any development on the proposed severed and retained lots.
Regional staff has no objection to the applications, 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 enter into an agreement with the
Region of Waterloo to submit a detailed Environmental and Stationary Noise
Study prior to Site Plan approval for any proposed development on the retained
lands.
3) That prior to final approval, the owner/applicant obtain an access permit(s) to the
satisfaction of the Region of Waterloo.
B2019-030 and B2019-031
452 and 256 Prospect Avenue
William Wirtz
The owner/applicant is proposing to sever the rear yard of 452 Prospect Avenue and
add the severed portion to 456 Prospect Avenue. Then owner/applicant also would
simultaneously sever the rear yard of 456 Prospect Avenue, including the added portion
to create a new lot fronting on Broadview Avenue.
Regional Comments:
Community Planning:
Regional Staff require the owner/applicant to submit the required consent review fee of
$350.00 for the creation of a new lot.
Document Number: 3051281 Version: 1
Regional staff has no objection to the applications, 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.
B2019-032 to B2019-042
78, 84, 86, 94, 104, 112, 114,
Activa Holdings Inc.
122 Monarch Woods Drive
The owner/applicant is proposing easements to provide access to the rear yard for
residents.
Regional staff has no objection to the applications.
B2019-043 to B2019-050
110, 116, 118, 124, 126, 132,
Activa Holdings Inc.
134,140 Ian Ormston Drive
The owner/applicant is proposing easements to provide access to the rear yard for
residents.
Regional staff has no objection to the applications.
CC2019-005 to CC2019-007
25 and 31 Fourth Avenue
Lino and Angela Santarosa
The owner/applicant has requested revisions to the proposed conditions as a result of
the current ownership of the subject parcels and the timing of clearing certain
conditions. The proposed consent applications are to facilitate future development plans
for the two existing lots to become four lots. In order to close proposed transactions,
the conditions of approval are required to be amended.
Regional Comments:
Regional Staff have no concerns as the proposed changes are to City of Kitchener
conditions. Regional Staff had no concerns with the proposed applications B2019-002
to B2019-004 and the Regional condition for the consent review fee is not proposed to
be changed.
Regional staff has no objection to the subject applications.
Document Number: 3051281 Version: 1
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: 3051281 Version: 1
Region of Waterloo
July 05, 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
(7) /08 KING KIT, SPORTSWORLD CROSSING AND
CHRISTIAN HORIZONS
(10, 11) /12, Charlie Ormston
Re: Committee of Adjustment Meeting on July 16, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1. SG 2019-014 — 150 Pioneer Drive — No Concerns.
2. SG 2019-015 — 2960 Kingsway Drive— No Concerns.
3. A 2019-059 — 364 Heritage Drive — No Concerns.
4. A 2019-060 — 72 Archer Place — No Concerns.
5. A 2019-061 — 15 Peter Street — No Concerns.
6.
A 2019-062 — 920 Keewatin Place —
No Concerns.
7.
A 2019-063 — 4278 King Street East
— No Concerns.
8.
A 2019-064 — 452 Prospect Avenue
— No Concerns.
9.
A 2019-065 — 456 Prospect Avenue
— No Concerns.
10.A
2019-066 to 073 — 74 to 122 Monarch Woods Drive — No Concerns.
11.A
2019-074 to 081 — 110 to 140 Ian Ormston Drive — No Concerns.
12.A 2019-082 — 83 Elmsdale Drive — 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.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 3050713
Page 1 of 2
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Trisha Hughes, Resource Planner Phone: (519) 621-2761 ext. 2319
E-mail: thughes(u-)grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: July 5, 2019
RE: Applications for Minor Variance:
YOUR FILE: See below
SG 2019-015
2960 Kingsway Drive
A 2019-059
364 Heritage Drive
A 2019-060
72 Archer Place
A 2019-061
15 Peter Street
A 2019-062
920 Keenwatin Place
A 2019-063
A 2019-064
A 2019-065
A 2019-066 to 073
A 2019-074 to 081
A 2019-082
4278 King Street East
452 Prospect Avenue
456 Prospect Avenue
78, 84, 86, 94, 104, 112,
110, 116, 118, 124, 126,
83 Elmsdale Drive
Applications for Consent:
114, 122 Monarch Woods Drive
132, 134, 140 Ian Ormston Drive
B 2019-025
4283 King Street East
B 2019-026
4285 King Street East
B 2019-029
4278 King Street East
B 2019-030
452 Prospect Avenue
B 2019-031
456 Prospect Avenue
B 2019-032 to 042
78, 84, 86, 94, 104, 112, 114, 122 Monarch Woods Drive
B 2019-043 to 050
110, 116, 118, 124, 126, 132, 134, 140 Ian Ormston Drive
B 2019-051 to 054
83 Elmsdale Drive
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,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
xThese 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