HomeMy WebLinkAboutCSD-18-063 - B 2018-017 to B 2018-019 - 83 Elmsdale Dr
In addition, the applicant is requesting easements over the proposed served and retained lands for
the purposes mutual access, fire -routing, servicing and stormwater management purposes as
follows:
• Easement 1: A 4 metre wide easement along the easterly limits of Parcel A in favour of
Parcel B for the purpose of stormwater conveyance;
• Easement 2: A 5.05 metre wide easement along the south limits of Parcel A in favour of
Parcels B and C for the purposes of mutual access, fire routing and services;
• Easement 3: A 5.05 metre wide easement along the north limits of Parcel B in favour of
Parcels A and C for the purposes of mutual access, fire routing and services; and
• Easement 4: A 10.1 metre wide east -west aligned easement through Parcel C connecting to
a 14.2 metre wide north -south aligned easement through Parcel C in favour of Parcels A and
B for the purpose of mutual access, fire routing and servicing;
Staff recommend that the Owner enter into an agreement with the City to permit the shared private
roadway contained within Easements 2, 3 & 4 to be constructed by the Owner in advance of
development of the related Parcels.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c.P.13, the dimensions and shapes of the proposed lots are appropriate and suitable
for the permitted use of the lands. The lands front on established public streets and all parcels of
land can and will be serviced with independent and adequate service connections to municipal
services. The severed and retained lots will comply with the minimum lot width and lot area
requirements of the Zoning By-law. The proposed severance and development concept submitted
with this application are in keeping with the development concept of the Urban Design Brief adopted
by City Council as part of the previous Zone Change and Official Plan Amendment approval
process. Planning staff is of the opinion that the proposal is consistent with the Provincial Policy
Statement and conforms to the Growth Plan for the Greater Golden Horseshoe.
Based on the foregoing, Planning staff recommends that the application be approved with
conditions.
Operations (Design and Development) Comments:
Park land dedication for redevelopment of the parcels will be deferred to the Site Plan application
process. At that time park land dedication will be calculated for each redevelopment parcel in response
to detailed site plan applications and according to the City's Parkland Dedication Policy.
Building Comments:
The Building Division has no objections to the proposed consent applications.
Transportation Services Comments:
Transportation Services has no objections to the proposed consent applications.
Engineering Services 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 service connections 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).
Carolyn Crozier
575-4757 ext. 3657
File No. D20-20/18 KIT
March 12, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re:Comments for Consent Applications
B2018-016 to B2018-023
Committee of Adjustment Hearing March 20, 2018
CITY OF KITCHENER
B 2018-016
3 Chapel Hill
Roy and Murielle Stewart
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:
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“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.”
ii. “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.”
5ƚĭǒƒĻƓƷbǒƒĬĻƩʹЋЏААЌЎЌ
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 iXpress route along this section
of Ottawa Street South. There will be a designated transit stop for this new iXpress
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.
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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 iXpress 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
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of Waterloo and/or City of Kitchener for implementation of the study’s
recommendations.
B2018-018 (Parcel “B”) and B2019-019 (Parcel “C”)
1. 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.
6. That prior to final approval, the applicant make appropriate arrangements with
Grand River Transit staff to provide funds for the bus landing pad and shelter pad
for the proposed iXpress facilities on Ottawa Street South.
5ƚĭǒƒĻƓƷbǒƒĬĻƩʹЋЏААЌЎЌ
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:
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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.Pl, MCIP, RPP
Principal Planner
5ƚĭǒƒĻƓƷbǒƒĬĻƩʹЋЏААЌЎЌ
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.
3.0m minimum working distance per OHSA
Framing on 7’-6” cross-arm. Outer wire is attached approximately 3’-6” (~1m) 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, 6.0m from centre line of pole.
Regards,
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