HomeMy WebLinkAboutDSD-2022-083 - B 2022-009 - 114 Doon Valley Dr
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Dumart, Craig, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: February 4, 2022
REPORT NO.: DSD-2022-083
SUBJECT: Consent application B2022-009
114 Doon Valley Drive
Owners: Luke Robinson, David Robinson, Kelly Neuber
Applicant: Della Ross, MHBC Planning
RECOMMENDATION:
That application B2022-009 for consent to allow for a lot addition from 114 Doon Valley Drive
to be conveyed to the property municipally addressed as 136 Doon Valley Drive, be deferred
until such time as staff have received direction from the Ontario Land Tribunal (OLT) on how
to proceed with Consent Application B2022-009.
REPORT:
The consent application proposes a small lot addition from 114 Doon Valley Drive to be conveyed
to 136 Doon Valley Drive. 136 Doon Valley Drive was subject to an Ontario Land Tribunal (OLT)
Hearing and Minutes of Settlement. Staff are seeking direction from the OLT on how to proceed with
this application. Until staff have received direction from the OLT, staff is recommending a deferral of
the lot addition Consent Application B2022-009.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Peter Ellis
519-503-2536
D20-20/22 KIT
February 3, 2022
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2022-007, B2022-008, B2022-
009, B2022-010, B2022-012, B2022-013, and B2022-014
Committee of Adjustment Hearing February 15, 2022
CITY OF KITCHENER
B2022-007
654 Rockway Drive
Adam Szuba (owner); Dave Galbraith (IBI Group applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two single detached dwellings on the subject property.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Environmental Noise:
Regional Staff note that the subject lands are within close proximity to Charles Street
East and King Street East (Regional Road No. 08) and may have impacts from road
traffic. It is the responsibility of the applicant to ensure the proposed development is not
adversely affected by anticipated transportation (traffic) noise impacts. In lieu of
requiring a transportation noise study, Regional staff agree that the owner/applicant of
the units on all (retained and severed) lots will be required to enter into a registered
agreement with the City of Kitchener to include the following noise mitigation and
warning clauses in all Offers of Purchase and Sale, lease/rental agreements:
Document Number: 3933004
a) The dwelling will be fitted with force air-ducted heating system suitably sized and
designed with the provision for the installation of air conditioning in the future, at
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
i. The purchasers / tenants are advised that sound levels due to increasing
road traffic on Charles Street East / King Street East may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry of
ii. -ducted heating system and has
been designed with the provision of adding central air conditioning at the
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 Waterloo Region and the Ministry of the
c) That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector will certify that the noise attenuation measures are incorporated in the
building plans and upon completion of construction, the City of Kitchener's
Building Inspector will certify that the dwelling units have been constructed
accordingly.
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.
2) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following clauses in all agreements of Offers of Purchase and
Sale, lease/rental agreements:
a) The dwelling will be fitted with force air-ducted heating system suitably sized
and designed with the provision for the installation of air conditioning in the
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 3933004
i. The purchasers / tenants are advised that sound levels due to
increasing road traffic on Charles Street East / King Street East may
occasionally interfere with some activities of the dwelling occupants as
the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks
ii. -ducted heating system
and has been designed with the provision of adding 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
Waterloo Region and the Ministry of the Environment Conservation and
c) That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector will certify that the noise attenuation measures are
incorporated in the building plans and upon completion of construction, the
City of Kitchener's Building Inspector will certify that the dwelling units have
been constructed accordingly.
_____________________
B2022-008
442 Old Chicopee Trail
Ewa Munch and John Brodrecht (owners) / Nicolette van Oyen and Pierre Chauvin
(MHBC Planning - Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two new single detached dwellings on the subject property. It was
indicated on the application that the land was previously subject to consent application
B2020-029 and those conditions lapsed on September 25, 2021.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. Regional staff note
that a valid notice was obtained on July 2, 2020 in support of consent application
Document Number: 3933004
B2020-029 but has since expired. The owner/applicant must complete the questionnaire
on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice.
Environmental Noise and Airport:
The owner/applicant is advised that the subject lands are located within the Zoned
Regulated Area of the Region of Waterloo International Airport, specifically the Outer
Limit. As such, the dwelling occupants will be subject to presence and noise from flying
aircrafts. These lands will be subject to provisions of the Airport Zoning regulations.
Regional Staff note that the subject lands are also located approximately 185 metres
from Fairway Road North (Regional Road No. 53) and may be impacted by
transportation noise. However, a transportation noise study will not be required due to
the existing intervening developments in the vicinity. As a result, the owner/applicant will
be required to enter into an agreement with the Region of Waterloo that must be
registered on title prior to final approval. The agreement must be to the satisfaction of
the Region of Waterloo and require the inclusion of the following noise warning clauses
in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the
severed lands:
i. Purchasers/tenants are advised that sound levels due to increasing road traffic
from Fairway Road (RR #53) may occasionally interfere with some activities of
the dwelling occupants as the sound levels may exceed the sound level limits of
the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP).
ii. Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations.
The owner/applicant of the units will be required to enter into a registered agreement
with the Region of Waterloo to include the following noise warning clause in all Offers of
Purchase and Sale, lease/rental agreements for all dwellings on the retained lands:
i.
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
l
Archaeological Assessment (Advisory Comments):
Regional Staff acknowledge that although the subject lands at 442 Old Chicopee
Trail was excluded from the archaeological assessments completed for the surrounding
developments, the majority of this parcel has been disturbed, and will not
require archaeological assessment. However, the owner/applicant should be aware
that a registered archaeological site is in very close proximity to the subject lands. Due
Document Number: 3933004
to the proximity of registered archaeological resources, the owner/applicant should be
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage,
Sport, Tourism and Culture Industries. If it is determined that additional
investigation and reporting of the archaeological resources is needed, a
licensed archaeologist will be required to conduct this field work in compliance
with S. 48(a) of the Ontario Heritage Act; and/or,
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner) and
the Registrar at the Bereavement Authority of Ontario in Compliance with
the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
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.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
the following warning clauses in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed lands:
i.
traffic from Fairway Road (RR #53) may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and
ii. e advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
4) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
Document Number: 3933004
the following warning clause in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the retained lands:
i.
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
___________________
B2022-009
114 Doon Valley Drive
Luke and David Robinson and Kelly Neuber (Owners) / Della Ross (MHBC
Planning Applicant)
The owner/applicant is proposing a lot addition from 114 Doon Valley Drive to 136 Doon
Valley Drive to square off the property at 136 Doon Valley Drive. No new development
is proposed at this time.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Environmental Noise (Advisory Comments):
Regional staff note that the proposed severed lands are not anticipated to be developed
at this time and are also located at the back of the lot, which is a substantial distance
from Conestoga College Boulevard, a potential noise source. For these reasons, the
severed lands are not expected to have impacts from road noise and there are no
concerns relating to environmental noise. However, as noted in the cover letter for the
application, the approved development concept for 136 Doon Valley Drive must go
through site plan approval and Regional staff would like to remind the owner/applicant
that this application must be circulated to the Region for review at such time in the
future.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
__________________
Document Number: 3933004
B2022-010
113 Walter Street
2193907 Ontario Inc c/o Jim Slawich
The owner/applicant is proposing to sever the existing lot into two parcels to construct a
new semi-detached duplex building.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
_______________
B2022-012 and B2022-013
20 Breithaupt Street
23008559 Ontario Ltd. and Breithaupt Phase III Inc. (owners) / Adrianne Bobechko
and Nikita Thompson Perimeter (applicant)
The owner/applicant is proposing a lot addition in favour of 30 Breithaupt Street and to
allow partial discharge(s) of mortgage(s) on the severed lands. These consent
applications will realign the property boundary between 20 Breithaupt Street and 30
Breithaupt Street and support the future development of a 4-storey building on 30
Breithaupt.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application ($350.00 x 2 applications = $700.00) prior to final approval of
the consent.
Environmental Noise (Advisory Comments):
Regional staff have determined that there are no noise sensitive development proposed
on the subject lands given the purpose of the consent applications. However, should
noise sensitive development be proposed for the subject lands, Regional staff advise
that there would be noise impacts from nearby environmental noise sources (road traffic
and rail) in the vicinity.
Document Number: 3933004
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per consent application.
________________
B2022-014
81 Shanley Street
Copper Bay Homes Ltd c/o Tommy Rakic
The owner/applicant is proposing to demolish the existing dwelling and sever the lot into
two parcels to construct a new semi-detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
_______________
General Comments
Any future development on the lands subject to the above-noted consent application 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,
Peter Ellis, MES
Principal Planner
Document Number: 3933004
February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – February 15, 2022
Applications for Minor Variance
A 2022-003 53 Margaret Avenue
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-011 43 Maurice Street
A 2022-012 158 Forest Creek Drive
A 2022-013 41 Moore Avenue
A 2022-014 21-39 Benninger Drive
A 2022-015 25 Brock Street
A 2022-016 1768 Ottawa Street South
A 2022-017 86 Cedar Street South
A 2022-018 81 Shanley Street (Severed)
A 2022-019 81 Shanley Street (Retained)
Applications for Consent
B 2022-007 654 Rockway Drive
B 2022-008 442 Old Chicopee Trail
B 2022-009 114 Doon Valley Drive
B 2022-010 113 Walter Street
B 2022-011 44 Wilhelm Street
B 2022-012 20 Breithaupt Street (Severed)
B 2022-013 20 Breithaupt Street (Retained)
B 2022-014 81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications for
minor variance and consent.
GRCA has no objection to the approval of the applications listedabove. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy@grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority