HomeMy WebLinkAboutCSD-18-064 - B 2018-021 to B 2018-023 - 37 & 45 Heiman StJ
Staff Report
KITCH��r,R Community Services Department www.kifchenerca
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
Committee of Adjustment
March 20, 2018
Juliane von Westerholt, Senior Planner — 519-741-2200 ext. 7157
Catherine Lowery, Junior Planner — 519-741-2200 ext. 7071
9
March 12, 2018
CSD -18-064
Application B2018-021, B2018-022, and B2018-023 — 37 and 45
Heiman Street
Applicant — Scott Patterson
Approve with Conditions
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Committee of Adjustment
March 20, 2018
Juliane von Westerholt, Senior Planner — 519-741-2200 ext. 7157
Catherine Lowery, Junior Planner — 519-741-2200 ext. 7071
9
March 12, 2018
CSD -18-064
Application B2018-021, B2018-022, and B2018-023 — 37 and 45
Heiman Street
Applicant — Scott Patterson
Approve with Conditions
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Location Map: 37 and 45 Heiman Street
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Location Map: 37 and 45 Heiman Street
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
RECOMMENDATIONS
That application B2018-021, requesting permission to sever a parcel of land from 37
Heiman Street that has a width of 8.25 metres, a depth of 36.42 metres, and an area of
307.6 square metres and add it to the abutting property at 45 Heiman Street, be
approved, subject to the following conditions:
1. That the Owner provide 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 one full size paper copy 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.
2. 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 to the satisfaction of
the City's Revenue Division.
3. That the Owner provides confirmation to the satisfaction of the City's Engineering
Division that the existing services to 37 Heiman Street do not cross over the
portion of land being severed.
4. That a Demolition Control Application be approved for the removal of the existing
dwelling.
5. That the lands to be severed be added to the abutting lands 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.
6. 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.
7. 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 retained lands which
shall include the following:
a) That the Owner submit a scoped Environmental Impact Study for the
retained lands to the satisfaction of the Director of Planning, prior to any
grading, tree removal or the issuance of building permits.
That Application B2018-022 proposing to sever a parcel of land from 45 Heiman Street
with a width of 9.18 metres, a depth of 36.02 metres, and a lot area of 288 square
metres, be approved, subject to the following conditions:
1. That Application B2018-021 receives full and final approval.
2. That the Owner provide 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 one full size paper copy 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 shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property to the satisfaction of
the City's Revenue Division.
4. That the Owner shall submit a draft reference plan showing the boundaries of the
lands to be conveyed for approval by the City's Director of Planning.
5. That a site plan showing the location of the proposed dwellings on both the
severed and retained lots, along with elevation drawings, be submitted to the
satisfaction of the Director of Planning, illustrating that the proposed dwellings
will be compatible with the neighbourhood in terms of massing, scale and design,
and that the drawings be approved prior to the issuance of any building permit.
6. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Services Division for the installation of all new service connections
and the removal of redundant services to the retained lands.
7. That the Owner makes arrangements financial or otherwise for the relocation of
any existing City -owned street furniture, signs, hydrants, utility poles, wires or
lines, as required, to the satisfaction of the appropriate City department.
8. That the Owner provide a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services for the
retained lands.
9. That any new driveways 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.
10. That the Owner submit 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 for
the retained lands.
11. That the Owner provides Engineering staff with confirmation that the basement
elevation of the house can be drained by gravity to the street sewers, to the
satisfaction of the Director of Engineering Services. Where this cannot be
achieved, the owner is required 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, at
the cost of the Owner.
12. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel in the amount of $4,222.80. Park Dedication is
calculated at the residential rate of 5%, for the severed lands only, with a land
valuation calculated by the lineal frontage (9.18 metres) and a land value of $9,200
per metre of frontage.
13. 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/Enhancement Plan for the
severed and retained lands in accordance with the City's Tree Management
Policy, to be approved by the City's Director of Planning and the Director of
Operations, 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, landscaped area and vegetation (including street
trees) 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 and the Director of Operations.
III. That Application B2018-023 proposing to sever a parcel of land from 45 Heiman Street
with a width of 9.15 metres, a depth of 27.26 metres, and a lot area of 245 square
metres, be approved, subject to the following conditions:
1. That Application B2018-021 receives full and final approval.
2. That the Owner provide 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 one full size paper copy 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 shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property to the satisfaction of
the City's Revenue Division.
4. That the Owner shall submit a draft reference plan showing the boundaries of the
lands to be conveyed for approval by the City's Director of Planning.
5. That a site plan showing the location of the proposed dwellings on both the
severed and retained lots, along with elevation drawings, be submitted to the
satisfaction of the Director of Planning, illustrating that the proposed dwellings
will be compatible with the neighbourhood in terms of massing, scale and design,
and that the drawings be approved prior to the issuance of any building permit.
6. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Services Division for the installation of all new service connections
and the removal of redundant services to the retained lands.
7. That the Owner makes arrangements financial or otherwise for the relocation of
any existing City -owned street furniture, signs, hydrants, utility poles, wires or
lines, as required, to the satisfaction of the appropriate City department.
8. That the Owner provide a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services for the
retained lands.
9. That any new driveways 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.
10. That the Owner submit 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 for
the retained lands.
11. That the Owner provides Engineering staff with confirmation that the basement
elevation of the house can be drained by gravity to the street sewers, to the
satisfaction of the Director of Engineering Services. Where this cannot be
achieved, the owner is required 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, at
the cost of the Owner.
12. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel in the amount of $4,209.00. Park Dedication is
calculated at the residential rate of 5%, for the severed lands only, with a land
valuation calculated by the lineal frontage (9.15 metres) and a land value of $9,200
per metre of frontage.
13. 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/Enhancement Plan for the
severed and retained lands in accordance with the City's Tree Management
Policy, to be approved by the City's Director of Planning and the Director of
Operations, 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, landscaped area and vegetation (including street
trees) 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 and the Director of Operations.
REPORT
Planning Comments:
The subject property is designated Low Rise Residential in the City's Official Plan and zoned
Residential Six Zone (R-6) in Zoning By-law 85-1. A portion of 37 Heiman Street is also within
the Grand River Conservation Authority's Regulatory Limit; therefore the property also contains
Special Regulation 1 R, which requires a permit from the GRCA if deemed necessary.
The Applicant is proposing to sever a portion of 37 Heiman Street to be added as a lot addition
to the adjacent property, 45 Heiman Street. Following the lot addition, the Applicant is proposing
to sever 45 Heiman Street into three separate lots (two severed, one retained) which will have
frontage onto Heiman Street and Kehl Street. The existing dwellings at both 37 and 45 Heiman
Street are proposed to be demolished in order to facilitate redevelopment. Single detached
dwellings are proposed for the two severed lots and a semi-detached dwelling is proposed for
the retained lot at 45 Heiman Street. A multiple dwelling is proposed for the retained lot at 37
Heiman Street.
The subject application has been considered under the policies of the City's 2014 Official Plan.
Where policies are under appeal and there is a direct co -relation to policies of the 1994 Official
Plan, staff refers to the former policies. The Low Rise Residential designation supports a full
range of low density housing types including single detached, duplex, semi-detached, and low
rise multiple dwellings. Policies also require that infill development complement existing
buildings and contribute to neighbourhood character. Planning Staff recommend conditions
requiring a site plan as well as building elevations to ensure that the proposed dwellings are
compatible with and sympathetic to the setbacks, building height, design, character, and
streetscape of the surrounding community. In reviewing the site plan and building elevations
staff will have regard for the direction and recommendations of the Residential Intensification in
Established Neighbourhoods Study, as approved by City Council.
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, Planning staff is of the opinion that the proposed severance
conforms to the City's Official Plan and will allow for orderly development that is compatible with
the existing community. The severed and retained lots comply with the regulations of the
Residential Six (R-6) zone. The dimensions and shapes of the proposed lots are appropriate
and suitable for the proposed use of the lands, the lands front on an established public street,
and both parcels of land can be serviced with independent and adequate service connections to
municipal services. Staff is further of the opinion that the proposal is consistent with the
Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden
Horseshoe.
City Planning staff conducted a site inspection of the property on February 27, 2018.
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Based on the foregoing, Planning staff recommends that Consent Applications B2018-021,
B2018-022, and B2018-023 requesting permission to sever the existing properties for the
purposes of a lot addition and to create two new developable lots be approved subject to the
conditions outlined in the Recommendations section of this report.
Building Comments:
B2018-021: The Building Division has no objections to the proposed consent. Separate building
permit(s) will also be required for the demolition of existing home, as well as construction of new
units.
B2018-022 and B2018-023: 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. Should a severance be
approved, additional services will be required for severed lot — a building permit will be required for
this work. Separate building permit(s) will also be required for the demolition of existing home, as
well as construction of new units.
Transportation Comments:
Transportation Services have no concerns with the proposed applications.
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, storm and water municipal services
are currently available to service this property. Any further enquiries in this regard should be
directed to Jason Brule (519-741-2200 ext. 7419).
• 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.
• As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along
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 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:
A cash -in -lieu of park land dedication will be required on the severed parcels as a new
development lots will be created. The cash -in -lieu dedication required is $8,431.80. Park
Dedication is calculated at 5% of the new development lots only, with a land valuation
calculated by the lineal frontages (9.18m + 9.15m) at a land value of $9,200 per frontage meter.
Divided between the applications, park dedication is required in the amount of $4,222.80 (9.18m
frontage severance) and $4,209.00 (9.15 frontage severance).
Heritage Comments:
No cultural heritage concerns.
Environmental Planning Comments:
• The extreme south end of 37 Heiman Street is identified as an Ecological Restoration Area
(ERA) in the Kitchener Official Plan (2014, under appeal). This area is located in the Two -
Zone Floodplain area regulated by the GRCA, and is considered part of the riparian area of
Shoemaker Greenway, a tributary of Schneider Creek.
• A (scoped) Environmental Impact Study (EIS) will be required. The presence of an identified
Ecological Restoration Areas may place limitations or conditions on these and adjacent
lands related to development, redevelopment or site alteration --especially when drainage
characteristics, site grading and/or stormwater management are being undertaken. A
(scoped) Environmental Impact Study will determine appropriate proximity (including grading
and drainage) to the riparian area of the Shoemaker Creek, stormwater management and
planting requirements.
Kitchener -Wilmot Hydro Comments:
The Applicant/Authorized Agent should be aware that KWHI has overhead distribution lines
below applications to ensure compliance with all applicable standards and regulations, a
minimum horizontal distance (setback) of 4.5m is required from the projection of the outermost
powerline or 5.5m from the centre line of each pole.
Catherine Lowery, BES
Junior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
Mra►rem 111134i1rZi1liE:3:411
March 12, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re:
:W111.1911 [1
3 Chapel Hill
Roy and Murielle Stewart
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rl oo.ca
Carolyn Crozier
575-4757 ext. 3657
Comments for Consent Applications
B2018-016 to B2018-023
Committee of Adjustment Hearing March 20, 2018
CITY OF KITCHENER
The purpose of the application is to create a new lot for residential development.
Community Planning
Fee
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning
Noise
The subject lands will be impacted by transportation noise from Caryndale Drive. The
applicant is required to enter into a registered development agreement with the City of
Kitchener to provide a forced air -ducted heating system suitably sized and designed to
permit the future installation of central air conditioning, as well as include the following
noise warning clauses in all Agreements of Purchase and Sale and/or Rental
Agreements for the severed lot:
Document Number: 2677353
"Purchasers / tenants are advised that sound levels due to increasing road traffic on
Caryndale Drive may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Regional of
Waterloo and the Ministry of the Environment and Climate change."
"This dwelling unit has been designed with the provision for 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 noise levels are
within the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change."
Regional staff has no objection to the application subject to the following
condition of approval for the consent:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
2) That prior to final approval, the applicant the applicant enter into a Registered
Development Agreement with the City of Kitchener to secure the following noise
attenuation measures and noise warning clauses in all offers of purchase/sale or
rental agreements for the residential units on the severed lot:
A. The dwellings will be fitted with a forced air -ducted heating system suitably
sized and designed to permit the future installation of a central air
conditioning system by the occupants.
B. The following noise warning clause will be registered on title and required
to be included on all offers of purchase, deeds and rental agreements for
the severed lot:
i. "Purchasers / tenants are advised that sound levels due to increasing
road traffic on Caryndale Drive may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed
the sound level limits of the Regional of Waterloo and the Ministry of
the Environment and Climate change."
"This dwelling unit has been designed with the provision for 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 noise levels are within the sound
level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change."
Document Number: 2677353
B 2018-017 to B 2018-019
83 Elmsdale Drive
Novacore Communities Corporation
The purpose of the applications is to sever 83 Elmsdale Drive into three parcels of land
under different ownership to permit redevelopment of the lands.
Transportation Planning
Regional Road Dedication
A Regional Road widening and daylight triangle dedication will be required along the
subject property frontage with Ottawa Street South. A depositing Reference Plan was
completed and the dedication process was started in 2017. The completion of the
dedication process will be required prior to final approval of these consent applications.
Traffic Site Circulation & Access
The subject property has no existing vehicular access directly onto Ottawa Street South.
Region of Waterloo staff and the applicant/owner have agreed to a new access from the
subject property (Parcel C/retained parcel) to Ottawa Street South directly across from
the MacLennan Park entrance. A secondary access to the subject property is located on
Elmsdale Drive. A Transportation Impact Study (TIS) was submitted to the Region of
Waterloo for review under the OPA/ZCA applications for this property and Regional staff
concurred with the conclusions and recommendations of the TIS which included: an
eastbound left turn lane on Ottawa Street South at Elmsdale Drive, an eastbound left
turn lane on Ottawa Street South at the proposed access, and a pedestrian refuge
island on Ottawa Street South at Elmsdale Drive. The TIS found that traffic signals were
not warranted at either the Elmsdale Road/Ottawa Street South intersection or the
proposed access from the development onto Ottawa Street South. A Regional Road
Access Permit will be required for the proposed access onto Ottawa Street and can be
deferred to site plan approval.
Stormwater Management
Region of Waterloo staff have received copies of the "Functional Servicing Plan"
completed by WalterFedy and dated June 15, 2015. Recently, updated Engineering
Plans and a Functional Servicing Report were completed by WalterFedy in association
with the Parcel B townhouse development. Formal comments will be provided to
WalterFedy under separate cover and prior to site plan approval.
Transit Planning
Grand River Transit (GRT) will be implementing a new Xpress route along this section
of Ottawa Street South. There will be a designated transit stop for this new Xpress
route immediately in front of the proposed development, close to the Ottawa/Elmsdale
intersection. An easement for the future transit facilities is being acquired through a
separate Site Plan process for the Parcel B townhouse development.
Document Number: 2677353
Under this Consent application, GRT staff will require the developer/owner to provide
funds for the bus landing pad and shelter pad for the proposed Xpress facilities on
Ottawa Street South. The future transit facilities will provide improved rider amenities
which will directly service the site. The approximate cost of the bus landing pad will be
$6,600 and the approximate cost of the shelter pad will be $2,400, for a total of $9,000.
The funds can be provided directly to the Region of Waterloo and will be required prior
to final approval of the Consent application.
Noise
The lands municipally addressed as 83 Elmsdale are subject to a holding provision that
requires submission, to the Region's satisfaction, of a detailed stationary and traffic
noise study, based on the proposed site plan, to address compatibility.
As such, the application will be required, prior to final approval, to enter into a
Registered Development Agreement for each of the parcels created, that will require the
owner of the parcel to provide a detailed stationary and traffic noise study, prior to site
plan approval, and, if required, enter into a Registered Development Agreement with
the Regional Municipality of Waterloo and/or City of Kitchener for implementation of the
study's recommendations.
Other
Please note that this section of Ottawa Street South is identified in the Region
Transportation Capital Program as up for major re -construction and re -habilitation in the
year 2020. For more information regarding this project please contact Mr. William
Gilbert (519-575-4603).
Any work required in the Ottawa Street South right-of-way will require Municipal
Consent and a Regional Road Work Permit. In this regard the applicant/owner will be
required to submit 6 copies of the plans illustrating all the proposed grading, servicing,
sidewalk and landscaping on the Regional Road to the Region's Transportation
Engineering Services Division (Mr. Mike Jones, 519-575-4069).
Fees
Staff acknowledge receipt of the required Consent Application Review Fees.
Regional staff has no objections to the proposed applications subject to the
following conditions:
B2018-017 (Parcel "A")
1. That prior to final approval, the applicant enter into a Registered Development
Agreement that will require the owner of the parcel to provide a detailed
stationary and traffic noise study, prior to site plan approval, and, if required,
enter into a Registered Development Agreement with the Regional Municipality
Document Number: 2677353
of Waterloo and/or City of Kitchener for implementation of the study's
recommendations.
B2018-018 (Parcel "B") and B2019-019 (Parcel "C")
That the City of Kitchener grants the Regional Municipality of Waterloo a
temporary easement, satisfactory to the Regional Solicitor, to the easterly
monitoring well nests for ongoing access and monitoring until such time as the
easterly well nests are moved offsite and the well nests decommissioned subject
to terms and conditions satisfactory to the Regional Municipality of Waterloo.
2. That the applicant/owner grants a permanent easement to the Regional
Municipality of Waterloo, satisfactory to the Regional Solicitor, for the purposes of
ongoing access and monitoring for the monitoring wells adjacent to the Ottawa
Street South road allowance on Parcel B as generally illustrated on "Sketch
showing Proposed Severance of Part of Lots 3 and 4, Municipal Compiled Plan
1021 and Part of Lot 1, Municipal Compiled Plan 1022 and Part of Lot 3,
Municipal Compiled Plan 1026 in the City of Kitchener" File Number KIT -1021 -
PL -16632 by ACI Survey Consultants dated June 15, 2015.
3. That the applicant/owner grants a permanent easement to the Regional
Municipality of Waterloo, satisfactory to the Regional Solicitor, for the purposes of
ongoing access and monitoring for the monitoring wells adjacent to the Ottawa
Street South road allowance on Parcel C as generally illustrated on "Sketch
showing Proposed Severance of Part of Lots 3 and 4, Municipal Compiled Plan
1021 and Part of Lot 1, Municipal Compiled Plan 1022 and Part of Lot 3,
Municipal Compiled Plan 1026 in the City of Kitchener" File Number KIT -1021 -
PL -16632 by ACI Survey Consultants dated June 15, 2015.
4. That prior to final approval, the applicant/owner complete the required road
widening dedication.
5. That prior to final approval, the applicant enter into a Registered Development
Agreement for both Parcel "B" and Parcel "C" that will require the owner of the
parcel to provide a detailed stationary and traffic noise study, prior to site plan
approval, and, if required, enter into a Registered Development Agreement with
the Regional Municipality of Waterloo and/or City of Kitchener for implementation
of the study's recommendations.
Document Number: 2677353
B2018-020
334-400 King Street West
2040799 Ontario Limited
The purpose of the application is to create a new parcel for mixed use development.
Community Planning
Fee
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the application subject to the following
condition of approval for the consent:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
B2018-021 to B2018-023
37 and 45 Heiman Street
2466457 Ontario Incorporated
The purpose of these applications is to permit a lot addition (-021) and create two new
lots for residential development (-022 and -023).
Community Planning
Fee
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the consent
application fee of $350 per each new lot created, for a total of $700 prior to final
approval.
Water Services
The applicant is advised 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 327.8 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 2018.
Regional staff has no objection to the applications, subject to the following
condition:
Document Number: 2677353
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350 per lot created, for a total
of $700.
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,
Carolyn Crozier M.Sc.PI, MCIP, RPP
Principal Planner
Document Number: 2677353
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N 1 R 5W6
Resource Management Division Phone: (519) 621-2763 ext.2319
Trisha Hughes, Resource Planner Fax: (519) 621-4945
E-mail: thug hes@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Hollv Dvson
DATE: March 9, 2018 YOUR FILE: B 2018-021, 022 & 023 — 37 & 45
Heiman Street
GRCA FILE: 82018-021, 022 & 023 — 37 & 45 Heiman Street
RE: Application for Consent B2018-021, 022 & 023
37 & 45Heiman Street, City of Kitchener
2466457 Ontario Inc.
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted consent
applications.
BACKGROUND:
1. Resource Issues
Information currently available at our office indicates that a small portion of 45 Heiman
Street contains the allowance associated with the off-site floodplain (flood fringe) of
Shoemaker Creek. The property of 37 Heiman Street contains portions of the floodplain
(flood fringe and floodway) associated with Shoemaker Creek as well as the associated
allowance around the floodplain.
2. Legislative/Policy Requirements and Implications
This reach of Shoemaker Creek has been designated as a Two -Zone Floodplain Policy
Area. In Two -Zone areas, the floodplain is comprised of two sections - the floodway and
the flood fringe. The floodway is the area of the floodplain required to pass the flows of
greatest depth and velocity. No development is permitted within the floodway. The flood
fringe lies between the floodway and the edge of the floodplain. Depths and velocities of
flooding in the flood fringe are much less than those in the floodway, allowing for limited
development to occur. As noted above, 45 Heiman Street contains a portion of the
allowance to the flood fringe, and 37 Heiman Street contains both a portion of the
floodway and flood fringe, as well as the associated regulatory allowance.
It is our understanding that the applicant is proposing to sever portions of both properties
in order to create two new lots. The first lot, with frontage on Kehl Street and total area of
288 square metres ("Parcel 1"), is comprised of lands severed from both 37 and 45
Heiman Street. The second lot, with frontage on Heiman Street and total area of 245
square metres ("Parcel 2"), is to be severed from 37 Heiman Street.
The final layout of both the new lot facing Heiman Street (Parcel 2) and the retained part
of 45 Heiman Street does not contain natural features regulated by the GRCA. The new
lot facing Kehl Street (Parcel 1) contains the allowance associated with the off-site
floodplain. The retained area of 37 Heiman Street contains parts of the Shoemaker
Creek Two Zone Policy Area (floodway and flood fringe) as well as its associated
regulatory allowance.
Based on information available in this office, it appears that safe access is available to
Parcel 1. For the retained portion of 37 Heiman Street, there appears to be enough
space outside of the regulated area for future development. As such, GRCA has no
objection to the proposed severances.
Please note that any future development in the regulated area will require prior written
approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06
and is subject to applicable Two -Zone Floodplain Policy Area policies in the GRCA's
Consolidated Policies for the Administration of Ontario Regulation 150/06 and the City of
Kitchener Official Plan. Please consult with GRCA for future applications on Parcel 1 and
the retained portion of 37 Heiman Street. Future applications for Parcel 1 may require
the completion of a geodetic survey to confirm whether the floodplain falls on the
property and potential floodproofing requirements for development as per the flood fringe
policies. We advise the applicant to redirect any future development for the retained
portion of 37 Heiman Street outside of the floodway.
3. Plan Review Fees
The GRCA applies Plan Review Fees for Planning Act applications located within GRCA
areas of interest. This application is considered a "minor" consent application and the
applicable Plan Review Fee is $400.00. With a copy of this correspondence, the
applicant will be invoiced in the amount of $400.00.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned at 519-621-2763 ext.2319 or
thughesCEDgrandriver. ca.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
TH/dp
C. C. 2466457 Ontario Inc., 14 Crescent Place, Cambridge, ON N1S 2N8
Labreche, Patterson & Associates Inc. c/o Scott Patterson, 330 Trillium Drive, Unit F,
Kitchener, ON N2E 3J2
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority.
Holly Dyson
From: Mustafa, Shevan <SMustafa@kwhydro.ca>
Sent: 02 March, 2018 8:43 AM
To: Holly Dyson
Subject: Committee of Adjustments
Hello Holly,
"The Applicant/Authorized Agent should be aware that KWHI has overhead distribution lines below applications
to ensure compliance with all applicable standards and regulations, a minimum horizontal distance (setback) of
4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole".
• SG 2018-004
• B 2018-016
• B 2018-017 to B 2018-19
• B 2018-021
• B 2018-022
• B 2018-023
Note
The values takes into consideration:
• The maximum distance a KWHI typical powerline may swing (1.5m) during windy condition.
• 3.Om minimum working distance per OHSA
• Framing on 7'-6" cross -arm. Outer wire is attached approximately 3'-6" (-1 m) from centre of pole.
• If pole line is framed using 9'-6" cross -arm, the distance from centre of pole should be adjusted
accordingly. That is, 6.Om from centre line of pole.
Regards,
Shevan Mustafa, P.Eng
Distribution Engineer
Kitchener -Wilmot Hydro Inc.
301 Victoria St. South
Kitchener, ON N2G 4L2
Phone: (519) 745-4771 EXT. 6399
Fax: (519) 745-0643
Email: smustafa@kwhydro.ca
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