HomeMy WebLinkAboutDSD-20-172 - B 2020-041, A 2020-085 & A 2020-086 - 122-124 Mill StStaff Report
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Development Services Department www.kitchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 20, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Eric Schneider, Planner — 519-741-2200 ext. 7843
WARD: 9
DATE OF REPORT: October 13, 2020
REPORT #: DSD -20-172
SUBJECT: B2020-041 & A2020-085 to 086 — 122-124 Mill Street
Applicant — Arbent Faikoyska
Recommendation: Approve with conditions
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Location Map: 122-124 Mill Street
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REPORT
Planning Comments:
The subject property located at 122-124 Mill Street is zoned Residential Five Zone (R-5) in the
Zoning By-law. The property is designated Low Rise Conservation in the Mill Courtland -
Woodside Park Secondary Plan in the Official Plan. Staff conducted a site inspection of the
property on October 2, 2020.
The applicant is requesting relief from the Zoning By-law to legalize a front yard setback of 11
metres whereas a maximum of 6.5 metres is required.
The applicant is also requesting consent to sever the lot in two to create separate ownership of
the semi-detached dwellings. The severed lot would have a lot width of 9.14 metres, a depth of
43.5 metres, and an area of 408 square metres. The retained lot would have a lot width of 9.14
metres, a depth of 50 metres, and an area of 448 square metres.
View of Existing Building (October 2, 2020)
Minor Variance
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 offers the following comments.
General Intent of the Official Plan
1. The requested variance meets the general intent of the Official Plan. The Low Rise
Conservation designation allows for slight density increases including semi-detached
dwellings. The Official Plan favours the mixing and integration of different forms of housing.
The requested variance for front yard setback does not interfere with the general intent of
the Official Plan.
General Intent of the Zoning By-law
2. The regulation that requires a maximum of 6.5 metres front yard setback is part of the
RIENS (Residential Intensification within Established Neighbourhoods) by-law. This by-law
intends to preserve a consistent building line on streets with consistent building setbacks.
The subject property is property is a very deep lot and the setback of the existing building
allows for adequate parking for vehicles for each semi-detached dwelling. The existing
neighbourhood has many examples of vehicle parking between the building and the street.
Further, the increased setback of the existing building does not negatively impact the street
aesthetics in terms of the building line. Therefore, Staff is of the opinion that the requested
variance meets the general intent of the Zoning By-law.
Is the Variance Appropriate?
3. The existing building is located on a deep lot and can still provide more than adequate
amenity space in the rear. The setback does not have adverse impacts on the surrounding
neighbourhood and is therefore considered to be appropriate.
Is the Variance Minor?
4. The requested variance for maximum front yard setback is not expected to cause adverse
impacts and is therefore considered minor.
View of relationship to neighbouring building (October 2, 2020)
Severance
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning
Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and
shape of the proposed lots are suitable for the use of the lands and compatible with the
surrounding community. The lands front onto a public street and full services are available.
The proposed lots conform to the Official Plan. Both the retained and severed lots reflect the
general scale and character of the established development pattern of surrounding lands.
Based on the foregoing, Planning staff recommends that Consent Application B2020-041,
requesting consent to sever the subject property into two lots to allow separate ownership of
each semi-detached unit be approved, subject to the conditions listed in the Recommendation
section of this report.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
It is noted in the City of Kitchener's Official Plan that a road widening is required along Mill
Street with an ultimate road width of 20 metres, between Queen Street and Courtland Road.
Therefore, a conveyance to the City of Kitchener of approximately 4 metres is required along
the Mill Street frontage for each proposed lot. A reference plan noting the road widening must
be submitted.
Also, submission to the satisfaction of Engineering Services, a Phase 1 Environmental Site
Assessment (ESA) for each lot, and, if necessary, a Phase 2 ESA be submitted for each lot.
Heritage Planning Comments:
Heritage Planning staff has no concerns with this application.
Environmental Planning Comments:
No environmental planning concerns as no new development/construction is proposed.
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new ones that may be required to service this property, all prior to
severance approval. Our records indicate sanitary and water municipal services are currently
available to service this property. Any further enquiries in this regard should be directed to 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.
Please note that there are currently no storm sewers along Mill Street in this area. The
developer has three choices for a sump pump outlet:
• Prove you can accommodate the sump pump discharge on the individual
properties.
• Prove a sump pump is not required at all in the buildings.
• Extend the storm sewer down the street. This will require MECP approval and
will go through the Off -Site Works Process.
In accordance with Section 53 of the Ontario Water Resources Act, an
Environmental Compliance Approval (ECA) for sewage works will be required
by the Ministry of Environment, Conservation and Parks for the extension of
the municipal sewer to the satisfaction of the Director of Engineering
Services.
The property falls within the City of Kitchener Central Neighborhoods Boundary and is therefore
may be eligible for funding from the City of Kitchener for municipal service extension design and
installation. Please note that funding is made available on a first come first serve basis and may
be adjusted during times of a pandemic.
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.
For conveyance of road widening, Engineering will require a Phase 1 Environmental Site
Assessment (ESA) for each lot, and, if necessary, a Phase 2 ESA be submitted for each lot.
Parks & Cemeteries Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new
development lot will be created. The cash -in -lieu dedication required is $4,206.24
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (9.144m) at a land value of $9,200 per frontage meter.
RECOMMENDATION
That minor variance applications A2020-085 to 086 requesting to legalize a front yard setback of
11 m rather than the required maximum of 6.5m be approved.
That application B2020-041 requesting consent to sever the subject property into two lots be
approved, subject to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property(ies) to the satisfaction of the City's
Revenue Division;
2. That the Owner provides a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two
full size paper copies of the plan(s). The digital file needs to be submitted according to
the City of Kitchener's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
3. That the Owner pays to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $4,206.24. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage land
value for the severed portion.
4. That the Owner conveys to the City of Kitchener, without cost and free of encumbrance, an
approximately 4 metres wide road widening along the severed parcel's entire Mill Street
frontage, to the satisfaction of the City's Transportation Services. In addition, the owner
shall submit a Phase 1, and if necessary, a Phase 2 Environmental Assessment to the
satisfaction of the City's Engineering Services for the road widening on the severed portion.
5. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the severed
and/or retained lands.
6. That any new driveways are to be built to City of Kitchener standards at the Owner's
expense prior to occupancy of the building to the satisfaction of the City's Engineering
Division.
7. That the Owner provides a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
8. That the Owner submits a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with
a digital submission of all AutoCAD drawings required for the site (Grading, Servicing
etc.) with the corresponding correct layer names and numbering system to the
satisfaction of the Director of Engineering Services.
9. That the Owner provides Engineering staff with confirmation that the basement elevation
can be drained by gravity to the street sewers. If this is not the case, then the owner
would have to pump the sewage via a pump and forcemain to the property line and have
a gravity sewer from the property line to the street to the satisfaction of the Director of
Engineering Services.
10. That the owner extend the storm sewer or implement a suitable design solution for a
sump pump outlet to the satisfaction of the Director of Engineering Services.
11. That the Owner correct the front yard fence to meet the City's Fence By-law to the
satisfaction of the Director of Planning.
12. That, prior to final approval, the applicant submits the Consent Application Review Fee of
$350.00 to the Region of Waterloo.
13. The Owner/applicant to enter into an agreement with the City of Kitchener to include the
following noise warning clause be included in all Offers of Purchase and Sale,
lease/rental agreements and condominium declarations for all dwellings on the severed
and retained lands:
a. "Warning: Canadian National Railway Company or its assigns or successors in interest
has or have a rights-of-way within 300 metres from the land the subject thereof. There
may be alterations to or expansions of the railway facilities on such rights-of-way in the
future including the possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living environment of the
residents in the vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual dwelling(s). CNR
will not be responsible for any complaints or claims arising from use of such facilities
and/or operations on, over or under the aforesaid rights-of-way."
b. "Purchaser/tenants are advised that sound levels due to increasing transportation noise
(road and railway) in the vicinity, may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the Region of
Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)."
Eric Schneider, MCIP, RPP
Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
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
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rloo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/20 KIT
October 9, 2020
Re: Comments for Consent Applications B2020-039 to 62020-
041
Committee of Adjustment Hearing October 20, 2020
CITY OF KITCHENER
B2020-039 and B2020-040
518 Bridgeport Road East
Elev8 Properties Inc.
The owner/applicant is proposing to sever the existing parcel for the creation of a total
of three lots. The existing single detached would remain and a new lot would be created
to the east and to the west. The proposed lot to the west would have a new driveway
access to Bridgeport Road, while the access to the existing dwelling would remain and
provide access/egress for both the existing dwelling and the new lot to the east. In order
to accommodate this shared access an easement will be required over a specific
portion of the new eastern lot.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Road Widening:
Regional Staff acknowledge that the designated road width of Bridgeport Road (RR
#09) at this location is 30.48m whereas the existing right-of-way is 26.Om
approximately. The existing road centre does not represent the true historic road
centreline. Therefore, a dedicated road widening up to 15.24m from the road centreline
(3.6 m approximately) will be required to be conveyed to the Region at the owner' s cost
to comply with the ROP designated width of 30.48m for Bridgeport Road (RR #09). An
Document Number: 3424524 Version: 1
Ontario Land Surveyor (OLS) must determine the exact amount of dedicated road
widening based on the historic centreline of Bridgeport Road East (RR # 09).
Regional Staff except that additional lands along this property frontage might be
acquired for Bridgeport Road reconstruction and major rehabilitation project currently
scheduled for the year 2024. However, the preliminary design is not available at this
time. It is expected that approximate 5.Om from current property line, might be the land
acquisition needs for the road reconstruction project; although nothing is sure at this
time as preliminary design is not available at this stage.
These future lands must also be shown on the Severance plan to ensure no building or
private infrastructure would encroach into the future road right-of-way. The buildings on
the lots to be severed must be setback accordingly.
A draft reference plan must be provided for review by the Regional staff prior to
depositing the reference plan with the Land Registry office.
Transportation Capital Project:
Regional Staff note that Bridgeport Road in this location is scheduled for reconstruction
during the year 2024 (design to start in the year 2020). Preliminary design is not
available at this stage, however, it is expected that additional lands up to 5.Om from the
existing property line might is acquired for this road project.
For more information on the reconstruction of Bridgeport road, please contact William
Gilbert @ 519-575-4603 Email: WGilbert(d)-regionofwaterloo.ca
Access Permits:
Regional Staff acknowledge that the application specifies the existing residential
building and the proposed severed lot to the east will be accessed by the existing
access with an access easement. Regional Staff will require the owner/applicant to
complete a Mutual Access Agreement that will be registered on title for both properties.
The owner/applicant may choose to have separate entrances for each of the severed
and retained lots, provided the grades permit to do so (there are no visibility concerns
for the property frontage).
The existing access does not comply with the Regional standards (is too acute with the
road centreline) and must be modified as mentioned in the foregoing. Both the existing
and the proposed westerly access for the severed lot must be aligned at an angles of
preferably at 900 (at the most within 700 to 1100 ) with the road centreline at the future
property line and should have a straight centre line. The angle of access with the future
property line must be shown on the plans. In addition, the difference in slope along
access centreline must not exceed 10% in any 3m section. The access must have
throat width of 3.7m — 6.Om ((at future property line) and minimum 1.5m (3.Om
preferred) radii / flare out, at the edge of pavement.
Document Number: 3424524 Version: 1
The access easement to the existing house and the easterly severed lot should be
completely located internally and must take into consideration the lands to be dedicated
to the Region; and the alignment of the entrances as per Regional standards, as
mentioned above.
Regional Staff acknowledge there has been on-going discussions with City of Kitchener
Staff as the property is on the Municipal Heritage Register as a non -designated property
of cultural heritage value or interest. The Heritage Impact Assessment recommended
that the existing entrance be maintained in support of the existing dwelling and that
access for the proposed eastern lot be provided by a shared access. Regional Staff are
satisfied with these considerations and the shared access with the eastern lot. However,
the owner/applicant must contact Regional Staff to ensure all proposed accesses (i.e.
the western access) meet the access design configuration with the Region.
For each access, an access permit application along with $100 each application fee
would be required for access modification for the existing entrance (shared access); and
for the proposed severed lot(s) and the retained lot, as the case may be.
All costs associated with a private access are Owner' s responsibility.
The Regional Access Permit Application is available at:
https://forms. regionofwaterloo. ca/ePay/PDLS-Online-Payment-Forms/Application-and-
Paym ent-for-an-Access-Permit
Grading Plan:
Regional Staff will require an engineered detailed lot grading plan, to the satisfaction of
the Region, that shows spot grades on the lands abutting the Regional road right-of-way
and along the centreline of the accesses.
Environmental Noise:
Regional Staff note that the subject property would have impacts from road traffic on
Bridgeport Road (RR #09) as well as from Conestoga Parkway (Highway 85). As a
result, the owner/applicant is required to enter into an agreement with the Region of
Waterloo to include the following noise warning clauses in all Offers of Purchase and
Sale, lease/rental agreements and condominium declarations for all dwellings on the
severed and retained lands.
Severed Lots:
a) The dwellings will be installed with forced air -ducted heating system suitably
sized and designed with provision of adding central air conditioning.
b) The following noise warning clauses will be required to be included on all offers
of purchase, deeds and rental agreements for the dwelling(s):
"This dwelling has been designed with the provision of adding
central air conditioning at the occupant's discretion. Installation of
central air conditioning by the occupant in low and medium density
Document Number: 3424524 Version: 1
developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo (ROW) and the Ministry
of the Environment Conservation and Parks (MECP) ".
ii. "Purchaser/tenants are advised that sound levels due to increasing
road traffic on Bridgeport Road (RR #09) and Conestoga Parkway
(Highway 85) may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level
limits of the Region of Waterloo (ROW) and the Ministry of the
Environment Conservation and Parks (MECP) ".
Retained Lot:
a) The following noise warning clause will be required to be included on all offers of
purchase, deeds and rental agreements for the dwelling(s):
"Purchaser/tenants are advised that sound levels due to increasing road
traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway
85) may on occasions interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the Region
of Waterloo (ROW) and the Ministry of the Environment Conservation and
Parks (MECP) ".
In addition, prior to the issuance of a building permit for the severed lots (Lot 1 and Lot
2), a Professional Engineer qualified to provide acoustical services in the province of
Ontario should certify that the noise control measures for the development have been
designed as per the NPC -300 guidelines.
Municipal Consent:
Regional Staff note that a Servicing plan has not ben received with the above
application. Any changes to the existing servicing / any new servicing connections
would be require a separate approval through Municipal Consent.
A Municipal Consent will be required for the installation of any proposed/required
servicing connections. Also, a Region of Waterloo Work Permit must be obtained from
the Region of Waterloo prior to commencing construction within the Region' s right of
way.
In this regard, please visit https://rmow.permitcentral.ca/ for further guidance for further
guidance.
Water Services:
Regional Staff advise 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 327.9 mASL will require individual pressure reducing devices on each water
Document Number: 3424524 Version: 1
service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental
Specifications for Municipal Services for January 2020.
Please be advised that Bridgeport Road East is currently subject to major construction
and rehabilitation with anticipated construction scheduled to begin in 2024. The
transportation capital project number (TCP) is 7352. This project will be assigned to a
project manager in the near future, however any questions or concerns at this time can
be directed to Frank Kosa who can be reached at FKosa _regionofwaterloo.ca.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) That prior to final approval, the owner/applicant submit a draft reference plan
identifying the road widening dedication and mutual access for review and
approval by the Region.
3) That prior to final approval, the owner/applicant complete the road widening
dedication to the satisfaction of the Region.
4) That prior to final approval the owner/applicant submit a signed mutual access
agreement to the satisfaction of the Region.
5) That prior to final approval the owner/applicant complete the required Access
Permits to the satisfaction of the Region.
6) That prior to final approval, the owner/applicant submit a lot grading plan for
review and approval by the Region.
7) The owner/applicant is required to enter into an agreement with the Region of
Waterloo to include the following noise warning clauses in all Offers of Purchase
and Sale, lease/rental agreements and condominium declarations for all
dwellings on the severed lands:
a) The dwellings will be installed with forced air -ducted heating system
suitably sized and designed with provision of adding central air
conditioning.
b) Prior to issuance of a building permit for the severed lands, a Professional
Engineer qualified to provide acoustical services in the Province of Ontario
should certify that the noise control measures for the development have
been designed as per the NPC -300 guidelines.
Document Number: 3424524 Version: 1
c) The following noise warning clauses will be required to be included on all
offers of purchase, deeds and rental agreements for the dwelling(s):
"This dwelling has been designed with the provision of adding
central air conditioning at the occupant's discretion. Installation of
central air conditioning by the occupant in low and medium density
developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo (ROW) and the Ministry
of the Environment Conservation and Parks (MECP) ".
"Purchaser/tenants are advised that sound levels due to increasing
road traffic on Bridgeport Road (RR #09) and Conestoga Parkway
(Highway 85) may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level
limits of the Region of Waterloo (ROW) and the Ministry of the
Environment Conservation and Parks (MECP) ".
8) The owner/applicant is required to enter into an agreement with the Region of
Waterloo to include the following noise warning clause be included in all Offers of
Purchase and Sale, lease/rental agreements and condominium declarations for
all dwellings on the retained lands:
a) The following noise warning clause will be required to be included on all
offers of purchase, deeds and rental agreements for the dwelling(s):
"Purchaser/tenants are advised that sound levels due to increasing
road traffic on Bridgeport Road (RR #09) and Conestoga Parkway
(Highway 85) may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level
limits of the Region of Waterloo (ROW) and the Ministry of the
Environment Conservation and Parks (MECP) ".
B2020-041
124 Mill Street
Binas Faikovska
The owner/applicant is proposing to sever the existing lot to permit the existing semi-
detached dwellings to be on separate lots.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Document Number: 3424524 Version: 1
Environmental Noise:
Regional Staff acknowledge that no new building is being proposed as part of the subject
application as the purpose is to allow the existing semi-detached dwellings to be on
separate lots. Therefore, Regional Staff will require the owner/applicant to enter into an
agreement with the City of Kitchener to include the following noise warning clause be
included in all Offers of Purchase and Sale, lease/rental agreements and condominium
declarations for all dwellings on the severed and retained lands:
"Warning: Canadian National Railway Company or its assigns or
successors in interest has or have a rights-of-way within 300 metres from
the land the subject thereof. There may be alterations to or expansions of
the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment
of the residents in the vicinity, notwithstanding the inclusion of any noise
and vibration attenuating measures in the design of the development and
individual dwelling(s). CNR will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or under
the aforesaid rights-of-way."
ii. "Purchaser/tenants are advised that sound levels due to increasing
transportation noise (road and railway) in the vicinity, may on occasions
interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Region of Waterloo and the Ministry of
the Environment Conservation & Parks (MOECP)."
Water Services:
Regional Staff advise that 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 327.9 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 2020.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) The owner/applicant to enter into an agreement with the City of Kitchener to
include the following noise warning clause be included in all Offers of Purchase
and Sale, lease/rental agreements and condominium declarations for all
dwellings on the severed and retained lands:
"Warning: Canadian National Railway Company or its assigns or
successors in interest has or have a rights-of-way within 300 metres from
Document Number: 3424524 Version: 1
the land the subject thereof. There may be alterations to or expansions of
the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment
of the residents in the vicinity, notwithstanding the inclusion of any noise
and vibration attenuating measures in the design of the development and
individual dwelling(s). CNR will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way."
"Purchaser/tenants are advised that sound levels due to increasing
transportation noise (road and railway) in the vicinity, may on occasions
interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Region of Waterloo and the Ministry of
the Environment Conservation & Parks (MOECP)."
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 19-037 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: 3424524 Version: 1
Region of Waterloo
September 30, 2020
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
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) St. John Bapt. Romanian, 1996-053
8) 15 KING KIT, LUTHERAN HOMES
Dear Ms. Dyson:
Re: Committee of Adjustment Applications October 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following updated comments:
1)
CC 2020-004
— 56 Roos Street — No Concerns.
2)
A 2020-075 —
44 Martin Street — No Concerns.
3)
A 2020-076 —
632 Beckview Crescent — No Concerns.
4)
A 2020-077 —
177 Wilderness Drive — No Concerns.
5)
A 2020-078 —
28 Valencia Avenue — No Concerns.
6)
A 2020-079 —
368 Wellington Street North — No Concerns.
7)
A 2020-080 —
335 Lancaster Street West — No Concerns.
8)
A 2020-081 —
825 King Street West — No Concerns.
9)
A 2020-082 —
293 Blucher Boulevard — No Concerns.
10) A 2020-083 —
44 Breithaupt Street — No Concerns.
11) A 2020-084 —
517 Old Cottage Close — No Concerns.
12) A 2020-085 &
A2020-086 — 124 Mill Street — No Concerns.
Please be advised that any development on the lands subject to the Applications noted above
are subject to the provisions of the Regional Development Charge By-law 14-046 or any
Document Number: 3413295
Page 1 of 2
successor thereof and may require the 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 above. If a site is subject to more than one application,
additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
P (519) 575-4500 Ext 3867
C (226) 753-0368
October 8, 2020
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Holly Dyson, Administrative Clerk Via email only
Legislated Services, City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Dyson,
Re: October 20, 2020 Committee of Adjustment Meeting
Applications for Minor Variance
If the City would like to request the review of a specific application, please contact the
undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at
this time and comments will not be issued.
Applications for Consent
B 2020-026
225
Fairway Road South
B 2020-033
4 Westgate
Walk
B 2020-039
518
Bridgeport Road East
B 2020-040
518
Bridgeport Road East
B 2020-041
122-124
Mill Street
The above -noted consent 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 at 519-621-2763 ext. 2228 or aherremana-grandriver.ca.
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 Page 1 of 1
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River
Bell Canada
Right of Way
Floor 2, 140 Bayfield Street
Barrie, Ontario
L4M 3131
September 29, 2020
City of Kitchener
200 King Street West
Kitchener, Ontario
N2G 4G7
Tel: 705-722-2264
Fax: 705-726-4600
E-mail: charleyne.hall@bell.ca
E-mail Only: Holly Dyson — holly.dyson(a-)kitchener.ca
Subject: Application for Consent B2020-041
124 Mill Street
Kitchener ON
Bell File: 519-20-471
Subsequent to review by our local engineering department, Bell Canada has identified that we require
protection for existing facilities.
On the attached sketch, the red line indicates the approximate location of active, critical infrastructure.
Located on the property municipally known as 124 Mill Street, Bell Canada's facilities provide essential
access to the network. Of major concern is the ability to access our equipment, particularly in the event of
an interruption, or emergency, that would require Bell Canada to restore service to regular telephone
lines, alarm services, internet access, and most importantly ensure the continuity of 911 service.
Bell Canada requests a 3.Om wide strip to measure 1.5m on either side of the aerial facilities, as can be
reasonably accommodated.
Since the intention of the requested easement is to protect the integrity of the existing facilities and
preserve many services, we request that the cost associated with registration be the responsibility of the
landowner.
We hope this proposal meets with your approval and request a copy of the decision. Should our request
receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and
accompanying draft easement documents for our approval prior to registration, along with an
acknowledgement and direction for our execution.
If you have any questions or concerns, please feel free to contact me.
Yours truly,
O.&r M
Charleyne Hall
Right of Way Associate