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HomeMy WebLinkAboutCA Agenda - 2018-08-21THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594 As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY, August 21, 2018, commencing at 10:00 a.m., in the Council Chamber, 211d Floor, Kitchener City Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may attend this meeting. Please note this meeting is open to the public and may be recorded. Copies of written submissions and public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE — CHAPTERS 680 (SIGNS) & 630 (FENCES) OF THE MUNICIPAL CODE The recommendations of the Committee of Adjustment on Minor Variances to Chapters 680 (Signs) and 630 (Fences) of the Municipal Code will be forwarded to City Council for final approval. SG 2018-008 - 333 Manitou Drive Permission to legalize an existing billboard sign having a distance separation of 200m from another billboard sign rather than the required 300m distance separation; and, to increase the size of the sign from 3.65m by 2.74m to 6.3m by 2.7m. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2018-070 - 207 Centennial Court Permission to construct an addition in the side yard abutting Centennial Road on an existing autobody repair shop having a rear yard setback of 1.73m rather than the required 7.5m. A 2018-071 - 545 Trillium Drive Permission to allow an office use in an existing industrial building currently Zoned B1, whereas the By-law does not permit office use in a B1 Zone. A 2018-072 - 47 Water Street North Permission to reconstruct a deck in the rear yard of an existing single detached dwelling having a rear yard setback of 0.71 m rather than the required 4m. A 2018-073 - 42 Crosswinds Drive Permission to construct a single detached dwelling having a driveway located 7.93m from the intersection of Valleybrook Drive and Crosswinds Drive rather than the required 9m setback. A 2018-074 - 390 Rivertrail Avenue Permission to construct a single detached dwelling having a driveway located 7.96m from the intersection of Crosswinds Drive and Rivertrail Avenue rather than the required 9m setback. A 2018-075 - 70 Dumart Place Permission to legalize a rear yard setback of 3.124m for an existing shed rather than the required 3.82m. Page 1 of 5 A 2018-076 - 295 Lancaster Street West, Unit B Permission to construct a deck in a Commercial Zone located 1 m from the property line abutting Lancaster Street West rather than the required 3m for use by an existing restaurant. A 2018-077 - 388-400 King Street East Permission to construct a 7 -storey multi -residential dwelling containing 72 -units with retail uses on the ground floor, having 48 off-street parking spaces (0.7 space/per-unit) rather than the required 72 off-street parking spaces (1.0 space/per-unit) for dwelling units; having 5 off-street visitor parking spaces (10%) rather than the required 10 off-street visitor parking spaces (20%) [Note: the specified visitor parking spaces provided and required are based on the requested residential parking minor variance, rather than the Zoning By-law requirement of 14 spaces]; having 2 retail parking spaces rather than the required 5 retail parking spaces; having 4% of the provided parking as barrier -free (i.e., 2 spaces) whereas the By-law requires 4% of parking required as barrier -free (i.e., 4 spaces); and, to permit supported balconies in the rear yard whereas the By- law does not permit supported balconies in the rear yard. A 2018-078 - 120, 130, 140 King Street West, 31 Young Street & 55 Duke Street West Permission to construct a multi -residential development having 296 units with retail uses on the ground floor along the King Street frontage having a height of 74.5m rather than a maximum height of 52.86m measured as a horizontal distance with a 45 -degree relationship from the south side of King Street West; to have a height of 17.25m for the portion of a building set back less than 6m on a lot fronting King Street rather than the maximum permitted height of 12m; to permit an exemption from the facade opening regulation from the 50% area of the ground floor facade to have an opening with a maximum of 4m spacing between openings for the frontage along Duke Street only (where a heritage facade is incorporated into the building design); and, to permit off-street parking spaces to be calculated at a ratio of 0.95 spaces/per-unit rather than 1 space/per-unit. A 2018-079 - 3 Ridgemount Street Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%. A 2018-080 - 11 Ridgemount Street Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 1 m rather than the required 2.5m. A 2018-081 - 13 Ridgemount Street Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 1 m rather than the required 2.5m. A 2018-082 - 21 Ridgemount Street Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 1 m rather than the required 2.5m. A 2018-083 - 23 Ridgemount Street Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 1 m rather than the required 2.5m. A 2018-084 - 31 Ridgemount Street Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 1 m rather than the required 2.5m. Page 2 of 5 A 2018-085 - 33 Ridgemount Street Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 1 m rather than the required 2.5m. A 2018-086 - 41 Ridgemount Street Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 1 m rather than the required 2.5m. A 2018-087 - 3 Sportsman Hill Drive Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%. A 2018-088 - 11 Sportsman Hill Drive Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.96m rather than the required 2.5m. A 2018-089 - 13 Sportsman Hill Drive Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 0.94m rather than the required 2.5m. A 2018-090 - 21 Sportsman Hill Drive Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.94m rather than the required 2.5m. A 2018-091 - 23 Sportsman Hill Drive Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 0.94m rather than the required 2.5m. A 2018-092 - 31 Sportsman Hill Drive Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.94m rather than the required 2.5m. A 2018-093 - 33 Sportsman Hill Drive Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 0.94m rather than the required 2.5m. A 2018-094 - 41 Sportsman Hill Drive Permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 2.03m rather than the required 2.5m. B 2018-048 to B 2018-049 (Amended) - Vacant Lot Corner Weichel Street and Victoria Street South Permission to sever 2 lots for residential development and retain 1 lot. All three lots will have frontage on Weichel Street. The proposed lots will have the following dimensions: B 2018-048 (Amended) fLot 1 - Proposed for Semi -Detached Dwellings} Width - 15m Depth - 38.06m Area - 548.5 sq. m. Page 3 of 5 B 2018-049 (Amended) fLot 2 - Proposed for Semi -Detached Dwellings} Width - 15m Depth - 38.99m Area - 562.1 sq.m. Retained Land (Lot Fronting onto Weichel Street) Width - 17.97m Depth - 40.78m Area - 771.3 sq.m. B 2018-055 - 33 Second Avenue Permission to sever a parcel of land having a width of 10m, a depth of 40m and an area of 400 sq.m. The retained land will have a width of 10m, a depth of 40m and an area of 400 sq.m. Both parcels of land are intended for single detached dwellings. B 2018-056 - 63 Plymouth Road Permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a width of 8.382m, a depth of 33.528m and an area of 281 sq.m. The retained land will have a width of 8.382m, a depth of 33.528m and an area of 281sq. m. B 2018-057 - 103 Plymouth Road Permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a width of 8.37m, a depth of 43.49m and an area of 341sq.m. The retained land will have a width of 7.8m, a depth of 44.9m and an area of 360sq.m. B 2018-058 - 379-389 Queen Street South Permission to grant an easement over Part Lot 6, Registered Plan 397, being Part 2 on Reference Plan 58R- 20127 in favour of the property municipally addressed as 399 Queen Street South, 168, 170, 172, 176, 178 & 180 Benton Street for servicing. B 2018-059 & B 2018-060 - 640 & 654 Trillium Drive and 95 McBrine Place Permission to sever a parcel of land municipally addressed as 95 McBrine Place having a width on McBrine Place of 86.98m, a depth of 86.329m and an area of 7,958 sq.m. Permission to sever a parcel of land municipally addressed as 654 Trillium Drive having a width of 45.08m, a depth of 107.041 m and an area of 4,799.7 sq.m. The retained land municipally addressed as 640 Trillium Drive will have a width of 44.92m, a depth of 103.115m and an area of 4,486.7 sq.m. The properties will continue to be an industrial use. B 2018-061 - 859 Courtland Avenue East Permission to grant an easement having a width on Courtland Avenue of 12m, a depth of 93.514m and an area of 1159.2 sq.m. for access purposes; and, an easement over the rear of the property, being irregular in shape having a width of 129.985m, a depth of 128.652m and an area of 7873.6 sq.m. for environmental monitoring for the use of Nike Incorporated. B 2018-062 - 560-632 Victoria Street North Permission to sever a parcel of land having a width of 136.2m, a depth of 61.7m and an area of 0.93 hectares. The retained land will have a width of 295.2m, a depth of 50.33m and an area of 1.61 hectares. The severed land is proposed for industrial redevelopment. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594). Page 4 of 5 • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the calendar of events, see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Local Planning Appeal Tribunal may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Holly Dyson at holly. dyson(a)kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 3rd day of August, 2018. Dianna Saunderson Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON AUGUST 3, 2018. Page 5 of 5 Staff Repoil Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: R www.kitch ever. ca Committee of Adjustment August 21, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 3 August 10, 2018 DSD -18-082 SG2018-008 — 333 Manitou Drive Applicant — Media City on behalf of 966021 Ontario Ltd. Approved with Conditions E5 Location Map: 333 Manitou Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 333 Manitou Drive is zoned Heavy Industrial (M-4), in the Zoning By-law 85-1. City Planning staff conducted a site inspection of the property on August 91", 2018. The applicant is requesting relief from Section 680.7.7 of the Sign By-law to permit a billboard sign to be located 200 metres from another billboard sign, rather than the required separation distance of 300 metres. The Committee of Adjustment previously approved Application A2010-002 to legalize the reduced separation distance of 200 metres, however a special condition was added at that time of the decision which required, that the LED portion of the billboard sign shall not exceed 3.6576m by 2.7432m in size. The applicant has requested to increase the size of the LED portion to 6.3m by 2.7m, therefore the 2010 Committee of Adjustment decision is considered void, and the applicant is re -applying for the separation distance variance. With the signs having previously being approved with the 200 metre separation distance, and given the location with a heavy industrial area, staff is supportive of allowing the signs to remain. Staff is also supportive of the increase in size of the LED portion as it is in compliance will all other applicable billboard sign regulations in the City's Sign By-law. Existing billboard sign located at 333 Manitou Drive Based on the above comments, Planning staff is of the opinion that the proposed variance meets the general intent of the Sign By-law and is appropriate for the lot and surrounding neighbourhood. Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed sign variance provided a sign permit is obtained prior to installation. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION That minor variance application SG2018-008 requesting relief from Section 680.7.7 of the Sign By- law to permit a billboard sign to be located 200 metres from another billboard sign rather than the required separation distance of 300 metres; be approved subject to the following conditions: 1. That a sign permit is obtained from the Planning Division. 2. That condition 1 shall be completed prior to February 1St, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 13, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th 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: D20-20/VAR KIT GEN (1)/69, Great Canadian Holidays and Coaches. (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment agreement may be required, all at the applicant's expense. 9. 388 King Street East (A 2018-077): No concerns. 10.120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. Document Number: 2802742 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Repoil Development Services Department R www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 21, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Alison Bucking, Student Planner -519-741-2200 ext.7074 WARD: 1 DATE OF REPORT: August 9, 2018 REPORT #: DSD -18-083 SUBJECT: A2018-070 -207 Centennial Court Owner — Mike Tiki, Tiki Holdings Inc. Applicant — Catie Fitzpatrick, Witzel Dyce Engineering Inc. Approve 411 a, �a - 4 rCTOREA NORTH S a` I YYT # Location Map: 207 Centennial Court *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 207 Centennial Court is designated General Industrial Employment in the Official Plan and zoned General Industrial (M-2) with Special Regulation 31 (31R) and Special Use Provision 332 (332U) in Zoning By-law 85-1. The subject property is located in close proximity to the intersection of Centennial Road and Centennial Court and contains a one -storey industrial building. Due to a lot consolidation, the existing northeast side yard is now classified as the rear yard for the property. The applicant is proposing to construct a front addition and as a result the existing building now does not comply with the minimum rear yard setback of the M-2 zone in Zoning By-law 85-1. The applicant is requesting relief from Section 20.3.1 of Zoning By-law 85-1 to permit a rear yard setback of 1.7 m whereas Zoning By-law 85-1 requires a minimum rear yard setback of 7.5 m. City Planning staff conducted a site inspection of the property on July 27, 2018. E] 207 Centennial Court View of the Rear Yard from the Street at 207 Centennial Court In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The subject property is designated General Industrial Employment is the 2014 Official Plan. The General Industrial Employment designation applies to lands with a broad range of industrial uses and provides for a number of accessory uses, which support the primary function of the General Industrial Employment land use designation. The protection and preservation of Industrial Employment areas for current and future uses is a main objective of the Industrial Employment policies in the Official Plan. The proposed variance meets the general intent of the Official Plan, as it protects and preserves the existing industrial use. 2. The applicant is requesting relief from Section 20.3.1 of Zoning By-law 85-1 to permit a rear yard setback of 1.7 metres, whereas Zoning By-law 85-1 requires a minimum rear yard setback of 7.5 metres. The variance is required due to a lot consolidation, in which the northeast side yard became classified as the rear yard of the property. The intent of the 7.5 metre rear yard setback is to ensure adequate separation distance between buildings. The neighbouring building is sufficiently setback from the subject lands and is separated from the subject property by a parking lot. The location and orientation of the existing building is not changing and the building has remained in that location for a number of years, therefore there will be no additional impact on the neighbouring properties. The addition will be located on the opposite side of the building and will not have a negative impact on the adjacent properties, as it complies with all zoning regulations. Therefore, the variance meets the general intent of the Zoning By-law. 3. The variance for reduction in rear yard setback is considered minor, as there is little expected impact on the neighbouring properties and the reduction in rear yard setback is only required due to a lot consolidation that deemed the side yard to the rear yard of the property. The variance is a technical consideration and the location of the building is not changing. 4. The proposed minor variance is considered appropriate for the use and development of the land. The industrial building with the reduced rear yard setback retains the General Industrial Employment use and does not impact the development of adjacent lands. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed addition is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application.. Engineering Comments: Engineering Services has no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Operations Comments: Operations has no concerns with the proposed application. RECOMMENDATION That application A2018-070 requesting a minor variance to permit a rear yard setback of 1.7 m whereas Zoning By-law 85-1 requires a minimum rear yard setback of 7.5 m, be approved. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 13, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th 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: D20-20/VAR KIT GEN (1)/69, Great Canadian Holidays and Coaches. (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment agreement may be required, all at the applicant's expense. 9. 388 King Street East (A 2018-077): No concerns. 10.120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. Document Number: 2802742 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. 1 Staff Report I�ITCHENE� Community Services Department www1irchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: August 21, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 5 DATE OF REPORT: August 14, 2018 REPORT #: DSD -18-084 SUBJECT: A 2018-071 — 545 Trillium Drive Applicant — Nick O'Malley, Youth Leadership Camps Canada Inc. Owner — Shelane Properties Inc. Approve with Conditions 0 REPORT Planning Comments: The property is zoned B-1 (Business Park Zone) in By-law 85-1 and is designated as Business Park in the 1994 Official Plan and Business Park Employment in the 2014 Official Plans. Staff visited the site on August 14, 2018. The owner is requesting permission to permit an office use in an existing multi -use industrial building zoned B-1 whereas the By-law does not permit office use in the B-1 zone. TQQL 545 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. The proposed variance meets the general intent of the Official Plan. The subject property is designated Business Park in the City's 1994 Official Plan and Business Park Employment in the 2014 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of policies from the 2014 Official Plan are under appeal and therefore are not being solely relied upon for this report. Instead, the Business Park designation, Section 5.3, from the 1994 Official Plan is being reviewed for compliance. The designation caters to the needs of technical and/or scientific businesses and the subject property is a multi -tenant building with the majority of the units occupied by such uses. This designation also provides for additional office, commercial and service uses not permitted in other industrial areas. Using a portion of the building for office use is in keeping with the general intent of the designation. It is noted that the 2014 Official Plan designation of Business Park Employment permits freestanding offices provided that they are located within 450 metres of an existing or planned transit corridor, such as is the case with the subject property. (Section 15.D.6.30). The proposed variance meets the general intent of the Zoning By-law and can be considered minor. The intent of the Restricted Business Park (B-2) zoning section is to provide for scientific and technological establishments to be located within traditional industrial areas with uses such as manufacturing, warehousing and car repair. Office use is often a portion of any industrial business and the proposed stand- alone office use will occupy a small portion (80 square metres) of the overall building size (2,500 square metres). It is staffs opinion that the general intent of the by-law is being met and the variance may be considered minor as the proposed use is not dominating the multi -tenant uses currently on site. The proposed variance is appropriate for the development of the property and streetscape. As noted above, the use is a fraction in size of the overall building and will not have any impact on the development of the property and streetscape. Lastly, from the visit to the site by staff, it was noted that the demarcation of the parking spaces has faded. As well, the Site Plan SP 05/35/T/LT (attached to the application) is incorrect as there are 70 spaces indicated under SITE STATISTICS column but actually only 60 spaces shown in the drawing of the site. As well, some of the spaces are shown as hatched but shown be solid lines indicating the spaces as they are required for the multi -tenant building. Staff recommend that as a condition for this variance that the Site Plan be updated and the parking spaces be demarcated. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions noted in the Recommendation section below. Building Comments: The Building Division has no objections to the proposed variance provided a building permit is obtained for any change of use is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: No comments. Heritage Planning Comments: Environmental Planning Comments: No environmental planning concerns as no new development/construction is proposed. RECOMMENDATION: That application A 2018-062 requesting permission to permit an office use in an existing multi- use industrial building zoned B-1 whereas the By-law does not permit office use in the B-1 zone be approved, subject to the following conditions: 1) That a building permit is obtained for the change of use; 2) That Site Plan SP 05/35/T/LT be updated, as required by the Manager of Site Development and Customer Service, to indicate the correct amount of parking spaces provided; and this update will include demarcation of all parking spaces; 3) That the area of the office be limited to a maximum of 100 square metres; and, 4) That the above noted conditions be completed by March 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP Planning Technician (Zoning) Senior Planner Region of Waterloo August 13, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th 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: D20-20/VAR KIT GEN (1)/69, Great Canadian Holidays and Coaches. (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment agreement may be required, all at the applicant's expense. 9. 388 King Street East (A 2018-077): No concerns. 10.120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. Document Number: 2802742 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2761 ext. 2319 Trisha Hughes, Resource Planner Fax: (519) 621-4945 E-mail: thughes@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: GRCA FILE: August 13, 2018 A 2018-071 — 545 Trillium Drive A2018-071 - 545 Trillium Dr RE: Application for Minor Variance A 2018-071 545 Trillium Drive, City of Kitchener Shelane Properties Inc. GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above noted minor variance. Please see our detailed comments below. BACKGROUND: 1. Resource Issues: Information available in this office indicates that a portion of the property lies below the Regulatory Floodline Elevation of Strasburg Creek. The property is also adjacent to the Provincially Significant Strasburg Creek Wetland Complex. The wetland is currently being utilized as a stormwater management facility. The property is also adjacent to a branch of Strasburg Creek. 2. Legislative/Policy Requirements and Implications: Due to the above features, the property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. It is our understanding that this application is to allow use of part of the existing building for industrial and administrative office space within the Business Park Zone (B-1). As the existing building does not appear to be within the natural hazard, we have no objection to the minor variance. As this property contains GRCA regulated area, GRCA staff will participate in the review of future applications on this property. Please note that if any new development is proposed, including a change to the existing building to create a new unit, a permit from the GRCA will be required pursuant to Ontario Regulation 150/06. 3. Plan Review Fees: This application is a `minor' minor variance application and the applicable plan review fee is $260.00. With a copy of this correspondence, the applicant will be invoiced in the amount of $260.00. A separate fee is applied for a GRCA permit application, if required. Pagel of 2 *These comments are respectfuhZj submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authorin, We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, .•: ell- Trisha Hughes Resource Planner Grand River Conservation Authority cc: Shelane Properties Inc., 545 Trillium, Unit H, Kitchener, ON N2R 1J4 Youth Leadership Camps Canada Inc. c/o Nick O'Malley, 498 Moon Point Drive, Oro- Medonte, ON L3V 61-11 Page 2 of 2 " These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Staff Report De veiopm en t Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 21, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 10 DATE OF REPORT: August 14, 2018 REPORT #: DSD -18-085 SUBJECT: A 2018-072 — 47 Water Street North Owner — Christian Snyder Approve with Conditions L Subject Property AJ h �F r *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The property is zoned Commercial Residential (D-5) and is designated as Commercial Residential in the 1994 Official Plan and as City Centre District in the 2014 Official Plan. It is located on the east side of Water Street North, between Duke Street West and Victoria Street North. The current use as a single detached dwelling is permitted in the D-5 zone. Staff visited the site on August 7, 2018. The owner is requesting permission to reconstruct a deck in the rear yard of an existing single detached dwelling to have a rear yard setback of 0.71 metres rather than the required 4 metres. View from Water Street 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. The proposed variances meet the general intent of the Official Plan. The property is designated Commercial Residential in the 1994 Official Plan and as City Centre District in the 2014 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of policies from the 2014 Official Plan are under appeal and therefore it is not being relied upon for this report. Instead, the Commercial Residential policy from the 1994 Official Plan is being reviewed for compliance. The proposed variance meets the intent of this designation, which permits residential uses, and therefore staff are of the opinion that the general intent of the designation is maintained. The proposed variance meets the general intent of the Zoning By-law. The intent of the rear yard setback for a deck is to ensure that the use of the deck does not negatively impact the neighouring properties; as well as ensure that there is a sufficient distance around the deck to maintain the structure. The proposed deck and house are both at an angle to the rear lot line and there is only one point that is located 0.71 metres from the rear lot line; the remainder of the deck increases in setback to 1.77 metres from the rear lot line. Although the new deck is to be larger than what currently exists, it backs onto the parking lot and driveway of a neighbouring apartment building and will not negatively impact the use of the parking area. In addition, there is adequate area around the base of the proposed structure to maintain the deck when required. Therefore, staff is of the opinion that the general intent of the Zoning By-law is met. The proposed variance is minor and can be considered appropriate for the development of the property and streetscape. As noted above, the proposed deck meets the general intent of the Zoning By-law and does not appear to negatively impact the neighbouring lands to the rear of the property. There is no impact of the deck on the public realm when considered from the front yard and streetscape. View from neighbouring parking lot at rear of property Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions noted in the Recommendation section below. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed deck and stairs is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: No comments. Heritage Planning Comments: No comments. Environmental Planning Comments: Construction in the year yard should take into consideration the existing tree (on the adjacent property) and vegetation. An arbourist should be consulted to determine if pruning of branches would be necessary. RECOMMENDATION: That application A 2018-072 requesting permission to reconstruct a deck in the rear yard of an existing single detached dwelling to have a rear yard setback of 0.71 metres rather than the required 4 metres, be approved, subject to the following conditions: 1) That a building permit is obtained for the addition; and, 2) That the above noted condition be completed by March 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 13, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th 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: D20-20/VAR KIT GEN (1)/69, Great Canadian Holidays and Coaches. (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment agreement may be required, all at the applicant's expense. 9. 388 King Street East (A 2018-077): No concerns. 10.120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. Document Number: 2802742 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Report Development Services Department 1 K�-R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: August 21, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Alison Bucking, Student Planner -519-741-2200 ext.7074 WARD: 2 DATE OF REPORT: August 13, 2018 REPORT #: DSD -18-086 SUBJECT: A2018-073 -42 Crosswinds Drive Owner — 2522935 Ontario Inc c/o Fusion Homes Applicant — Phil Ha Approve with condition aa Location Map: 42 Crosswinds Drive N *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 42 Crosswinds Drive is designated Low Rise Residential in the Official Plan and zoned Residential Four (R-4) with the Special Regulation Provision 597R in the Zoning By-law 85-1. The subject property is located at the intersection of Crosswinds Drive and Valleybrook Drive and is currently vacant. The applicant is requesting relief from Section 6.1.1.1. b) iv) of Zoning By-law 85-1 to permit a driveway to be setback 7.93 metres from a street corner whereas Zoning By-law 85-1 requires a the driveway to be setback a minimum of 9.0 metres from the street corner. City Planning staff conducted a site inspection of the property on July 27, 2018. 42 Crosswinds Drive In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. 1. The subject property is designated Low Rise Residential in both the 1994 and 2014 Official Plan. The 2014 Official Plan designation is in effect, but it should be noted that a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal. In this case, the appealed policies do not impact this report. The Residential policies of the 2014 Official Plan place an emphasis on the compatibility of building form with respect of massing scale and design to successfully integrate different housing designs. In addition, it places an emphasis on providing adequate and appropriate parking areas on site and the relationship of housing to adjacent streets, buildings and exterior areas. In this case, the proposed variance allows parking to be adequately located on site and allows the driveway to respect the relationship with adjacent housing, streets and exterior areas. Therefore, the proposed variance conforms to the Residential land use designation and meets the general intent of the Official Plan. 2. The subject property is zoned R-4. The applicant is requesting a minor variance to permit a driveway to be setback 7.93 metres from a street corner, whereas Zoning By-law 85-1 requires the driveway to be setback a minimum of 9.0 metres from the street corner. The intent of the 9.0 metre driveway setback from the street corner is to ensure adequate visibility at the intersection and prevent cars parked in a driveway from obstructing the view of other vehicles at the intersection. It is the opinion of staff that the reduction in the driveway setback from the street corner of 1.07 metres is minor and will not impact the visibility of cars approaching the intersection. Therefore, these variances meet the general intent of the Zoning By-law. 3. The variance for reduction in the driveway setback from a street corner is considered minor because there is very little impact expected to the neighbouring properties and it does not impact the visibility to the intersection. The driveway is flush to the dwelling and setback 1.2 metres from the neighbouring property line and therefore does not negatively impact the adjacent properties. 4. The proposed minor variance is considered appropriate for the use and development of the land. The proposed single detached dwelling retains the low density residential use and is in keeping with the low density character of the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed new single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519- 741-2433 with any questions. Transportation Services Comments: As the proposed reduction would not affect the corner visibility triangle, Transportation Services have no concerns with a 1.07m reduction from the required 9.Om intersection setback to a driveway, to provide a 7.93m setback. Engineering Comments: Engineering Services has no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Operations Comments: Operations has no concerns with the proposed application. RECOMMENDATION That application A2018-073 requesting a minor variance to permit a driveway to be setback 7.93 metres from a street corner whereas Zoning By-law 85-1 requires a the driveway to be setback a minimum of 9.0 metres from the street corner, be approved, subject to the following condition: 1. That a building permit is obtained from the Building Division for the proposed addition to the single detached dwelling. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 13, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th 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: D20-20/VAR KIT GEN (1)/69, Great Canadian Holidays and Coaches. (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment agreement may be required, all at the applicant's expense. 9. 388 King Street East (A 2018-077): No concerns. 10.120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. Document Number: 2802742 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Repoil Development Services Department R www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 21, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Alison Bucking, Student Planner -519-741-2200 ext.7074 WARD: 2 DATE OF REPORT: August 13, 2018 REPORT #: DSD -18-087 SUBJECT: A2018-074 -390 Rivertrail Avenue Owner — 2522935 Ontario Inc c/o Fusion Homes Applicant — Phil Ha Approve with condition Is Lpi Subject Property Jf Location Map: 390 Rivertrail Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 390 Rivertrail Avenue is designated Low Rise Residential in the Official Plan and zoned Residential Four (R-4) with the Special Regulation Provision 597R in the Zoning By-law 85-1. The subject property is located at the intersection of Crosswinds Drive and Rivertrail Avenue and is currently vacant. The applicant is requesting relief from Section 6.1.1.1. b) iv) of Zoning By-law 85-1 to permit a driveway to be setback 7.96 metres from a street corner, whereas Zoning By-law 85-1 requires a the driveway to be setback a minimum of 9.0 metres from the street corner. City Planning staff conducted a site inspection of the property on July 27, 2018. 390 Rivertrail Avenue In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. 1. The subject property is designated Low Rise Residential in both the 1994 and 2014 Official Plan. The 2014 Official Plan designation is in effect, but it should be noted that a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal. In this case, the appealed policies do not impact this report. The Residential policies of the 2014 Official Plan place an emphasis on the compatibility of building form with respect of massing scale and design to successfully integrate different housing designs. In addition, it places an emphasis on providing adequate and appropriate parking areas on site and the relationship of housing to adjacent streets, buildings and exterior areas. In this case the proposed variance allows parking to be adequately located on site and allows the driveway to respect the relationship with adjacent housing, streets and exterior areas. Therefore, the proposed variance conforms to the Residential land use designation and meets the general intent of the Official Plan. 2. The subject property is zoned R-4. The applicant is requesting a minor variance to permit a driveway to be setback 7.96 metres from a street corner, whereas Zoning By-law 85-1 requires the driveway to be setback a minimum of 9.0 metres from the street corner. The intent of the 9.0 metre driveway setback from the street corner is to ensure adequate visibility at the intersection and prevent cars parked in a driveway from obstructing the view of other vehicles at the intersection. It is the opinion of staff that the reduction in the driveway setback from the street corner of 1.04 metres is minor and will not impact the visibility of cars approaching the intersection. Therefore, these variances meet the general intent of the Zoning By-law. 3. The variance for reduction in the driveway setback from a street corner is considered minor because there is very little impact expected to the neighbouring properties and it does not impact the visibility to the intersection. The driveway is flush to the dwelling and setback 1.2 metres from the neighbouring property line and therefore does not negatively impact the adjacent properties. 4. The proposed minor variance is considered appropriate for the use and development of the land. The proposed single detached dwelling retains the low density residential use and is in keeping with the low density character of the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Staff advises that an application has been made for the single detached dwelling is currently, and under review. Transportation Services Comments: As the proposed reduction would not affect the corner visibility triangle, Transportation Services has no concerns with a 1.04m reduction from the required 9.Om intersection setback to a driveway, to provide a 7.96m setback. Engineering Comments: Engineering Services has no concerns with the proposed application Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Operations Comments: Operations has no concerns with the proposed application. RECOMMENDATION That application A2018-074 requesting a minor variance to permit a driveway to be setback 7.96 metres from a street corner whereas, Zoning By-law 85-1 requires a the driveway to be setback a minimum of 9.0 metres from the street corner, be approved, subject to the following condition: 1. That a building permit is obtained from the Building Division for the proposed addition to the single detached dwelling by August 21, 2019. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 13, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th 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: D20-20/VAR KIT GEN (1)/69, Great Canadian Holidays and Coaches. (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment agreement may be required, all at the applicant's expense. 9. 388 King Street East (A 2018-077): No concerns. 10.120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. Document Number: 2802742 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Report Development Services Department 1 K _ HE. P.x www.kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 21St, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning & Zoning) — 519-741-2200 ext. 7110 WARD: 1 DATE OF REPORT: August 13th, 2018 REPORT #: DSD -18-088 SUBJECT: A2018-075 — 70 Dumart Place Applicant — Roland Drasdo Recommendation — Approve -Of Location Map: 70 Dumart Place REPORT Planning Comments: The subject property located at 70 Dumart Place is zoned Restricted Business Park Zone (B-2) with Special Regulation Provision 36R in the Zoning By-law 85-1 and designated Business Park in the 1994 Official Plan and Business Park Employment in the 2014 Official Plan (under appeal). Staff will be relying on the 1994 Official Plan because the Business Park Employment Section in the 2014 Official Plan is under appeal. Staff conducted a site inspection of the property on August 12, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is requesting relief from Special Regulation Provision 36R in the Zoning By-law to legalize an existing accessory structure located 3.12 metres from the rear property line whereas Special Regulation Provision 36R requires a rear yard setback of 14 metres when adjacent to a residential zone. Staff notes that an identical regulation appears in Section 24.3 of the B-2 Zoning. A variance (A2018-053) was previously approved with conditions to legalize a deficient rear yard setback of 3.82 metres rather than the required 14 metres for an existing garage to facilitate an expansion. Condition #2 of the approval was to remove accessory structures within 3.82 metres of the rear property line. Rather than removing the accessory structure, the owner seeks to legalize its location through this variance. This would fulfill Condition #2 from variance A2018-053. View of Small Accessory Structure and Rear Property Line (August 12, 2018) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The requested variance to legalize a reduced rear yard setback for an existing accessory structure meets the general intent of the 1994 Official Plan. The Business Park designation states that additional buffering requirements shall be provided when in proximity to existing or proposed residential uses. The buffering requirements can include setbacks, landscape screening, and berming. Staff believes that adequate buffering can be achieved through landscape screening. The owner of the property is currently in the application process for a Stamp Plan B site plan to address the alterations made to the site by the proposed addition to the storage garage. Through this process, a landscape plan will be required. This plan will address the buffering requirements through landscape screening. If buffering is needed for the existing accessory structure, this will also be addressed through the landscape plan. Therefore the proposed variance meets the general intent of the Official Plan. 2. The requested variance meets the general intent of the Zoning By-law. The intent of the regulation that requires a rear yard setback of 14 metres when the rear property line abuts a residential zone is to limit adverse impacts on neighbouring residential properties. This regulation applies to all permitted uses in the Restricted Business Park zone, which can include noisy and noxious uses such as manufacturing, service of industrial equipment and truck transport terminal. However, the use of the existing accessory building is for storage of landscaping supplies/equipment only, with no industrial business practices occurring within the building outside of storage. Staff is of the opinion that the use of the building for storage purposes will not have any notable impacts on future residential uses of the abutting property, which is currently undeveloped. Therefore the general intent of the Zoning By-law is met. 3. The proposed variance can be considered desirable and appropriate for the development and use of the lands. The building is existing and the use of the building as storage can be considered appropriate. 4. The variance is considered minor. The subject building is existing in that location, so staff consider any impacts to be minor. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental concerns. RECOMMENDATION That application A2018-075 requesting permission to legalize an existing storage shed adjacent to a residential zone having a rear yard setback of 3.12 metres rather the required 14 metres be approved. Richard Kelly-Ruetz, BES Juliane von Westerholt, B.E.S., MCIP, RPP Technical Assistant (Planning & Zoning) Senior Planner Region of Waterloo August 13, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th 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: D20-20/VAR KIT GEN (1)/69, Great Canadian Holidays and Coaches. (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment agreement may be required, all at the applicant's expense. 9. 388 King Street East (A 2018-077): No concerns. 10.120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. Document Number: 2802742 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Repoil Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: !` _ w FLAFFTH 5 R www.kitch ever. ca Committee of Adjustment August 21, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 10 August 10, 2018 DSD -18-089 A2018-076 — 295 Lancaster Street West — Unit B Applicants — Michael Sadler on behalf of Leo Wolynetz Approved with Conditions Location Map: 295 Lancaster Street West — Unit B 1 Z, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 295 Lancaster Street West — Unit B is zoned Commerical Two (C-2), with Special Regulation 17R in the Zoning By-law 85-1 and designated Mixed Use in the City's Official Plan. The applicant is requesting relief from Section 5.6B b) of the Zoning By-law to permit an outdoor deck setback 1.0 metres from the front lot line whereas the By-law requires 3.0 metres. City Planning staff conducted a site inspection of the property on August 7, 2018. 295 Lancaster Street West Proposed deck with 1 metre setback from front property line In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The subject property is designated Mixed Use in the City's 2014 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of Mixed Use policies from the 2014 Official Plan are under appeal and are not being relied upon for this report. Instead, the Neighbourhood Mixed Use Centre designation from the 1994 Official Plan, which permits a mix of appropriately scaled multiple residential, commercial and institutional uses, is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. The proposed variance meets the intent of the designation, which encourages a range of different types of uses including a restaurant. The requested variance to permit a reduced front lot line setback to permit an outdoor deck is appropriate and continues to maintain the character of the property and surrounding neighbourhood. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. 2. The requested minor variance to have a front yard deck setback of 1.0 metres rather than the required 3.0 metres continues to meet the general intent of the Zoning By-law and can be considered minor. The purpose of the 3.0 metre setback is to provide adequate separation from the sidewalk and the roadway. The 1.0 metre setback still allows for landscaping within the setback to provide a buffer from the sidewalk and roadway. It is staff's opinion that a setback of 1.0 metres would continue to allow an adequate buffer and the impact on neighbouring properties is minimal. 3. Staff is of the opinion that requested variances are minor and the approval of the front yard setback will not adversely affect the subject property as per the above mentioned comments. Nor will it negatively affect adjacent properties or the surrounding neighbourhood. 4. The requested variance is appropriate for the development and use of the land. Staff is of the opinion that the variance will cause no negative impacts on the surrounding properties within the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the new outdoor patio is currently under review. Transportation Services Comments: As the proposed reduction would not affect the corner visibility triangle and would not block the stopping sight distance at the intersection of Elizabeth Street / Lancaster Street West, Transportation Services have no concerns with the proposed application. Environmental Comments: No environmental planning concerns. Heritage Comments: No heritage planning concerns. RECOMMENDATION That minor variance application A2018-076 requesting relief from Section 5.613 b) to permit an outdoor deck setback 1.0 metres from the front lot line whereas the By-law requires 3.0 metres; be approved subject to the following conditions: 1. A building permit be obtained from the City's Building Division for the proposed addition by May 1, 2019 2. That the applicant provides a landscaped buffer within the 1.0 metre setback to the satisfaction of the Manager of Site Development and Customer Services. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 13, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th 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: D20-20/VAR KIT GEN (1)/69, Great Canadian Holidays and Coaches. (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment agreement may be required, all at the applicant's expense. 9. 388 King Street East (A 2018-077): No concerns. 10.120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. Document Number: 2802742 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Report Development Services Department 1 K�_R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: August 21, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Planner — 519-741-2200 ext. 7668 WARD: 10 DATE OF REPORT: August 14, 2018 REPORT #: DSD -18-090 SUBJECT: A2018-077 — 388 King Street East Applicant — MHBC Planning c/o Pierre Chauvin Owner — 388 King Kitchener Inc. Approve Subject to Conditions REPORT Planning Comments: The subject property is located on the northeast side of King Street West, between Cedar Street and Madison Avenue in the King East Planning Community. The property contains two low-rise buildings that were converted from residential to commercial use and now appear run-down. The property is designated Mixed Use Corridor with Special Policy 1 in the King Street East Secondary Plan, and Special Policy Area 58 - Central Transit Corridor and Rapid Transit Station Study Areas (all within the 1994 Official Plan). The 2014 Official Plan has not yet been updated to include secondary plan areas. The property is zoned Medium Intensity Mixed Use Corridor (MU -2). Planning staff visited the site on May 30, 2018 and July 26, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. In order to facilitate Site Plan Application SP1 8/051 /K/AP to allow the development of a 7 -storey mixed- use building with two, small ground floor retail units (total of 114 square metres); six upper storeys of residential use (12 dwelling units per floor for a total of 72 units); and an internal, main floor stackable parking system, the applicant is requesting relief from the Zoning By-law via the subject Minor Variance Application. The Minor Variance Application requests the following relief: 1) 48 off-street parking spaces (0.7 space/per-unit) for multiple dwelling units, whereas the Zoning By-law requires 72 off-street parking spaces (1.0 space/per-unit); 2) 5 off-street visitor parking spaces (i.e., 7% of required multiple dwelling parking), whereas the Zoning By-law requires 14 off-street visitor parking spaces (i.e., 20%); 3) 0 parking spaces for 114 square metres of retail use, whereas the Zoning By-law requires 5 retail parking spaces [(114 square metres retail GFA / 20.0) — 20%]; and 4) Supported balconies in the rear yard whereas the By-law does not permit supported balconies in the rear yard. It should be noted that the variances have changed since the original application was submitted: a) The original application had a variance for relief from barrier -free parking requirements. This variance has been removed since the plan has been modified to comply and relief is no longer necessary; and b) Originally Variance #3 requested a relief from retail parking space from 5 spaces to 2 spaces. However, the variance has been modified to now request 0 parking spaces for retail use. 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. The parking relief variances, numbered as Variances 1-3, above, meet the intent of the 1994 Official Plan and Zoning By-law, are minor, and desirable for the appropriate development of the land. Special Policy 58 Area of the 1994 Official Plan states: 58.v)a) In areas that are intended to be the focus for intensification, development applications will support the planned function of Special Policy Area 58 and have regard for the following:... iv) be consistent with the Transit Oriented Development policies in i. to vii. below to ensure that development and/or redevelopment: ... i. creates an interconnected and multi -modal street pattern that encourages walking, cycling or the use of transit and supports mixed use development; ... iii. provides an appropriate mix of land uses, including a range of food destinations, that allows people to walk or take transit to work, and also provides for a variety of services and amenities that foster vibrant, transit supportive neighbourhoods;... iv. promotes medium and higher density development as close as possible to the transit stop to support higher frequency transit service and optimize transit rider convenience; ... vii. provides access from various transportation modes to the transit facility, including consideration of pedestrians, bicycle parking, and where applicable, passenger transfer and commuter pick-up/drop off areas. As part of the Minor Variance Application, the applicant submitted a Parking Justification Report, prepared by MHBC Planning Limited, Revised August 2, 2018. Transportation Services staff (TS) reviewed this report and application and advises that considering the proximity of the proposed development to Downtown, transit infrastructure, on -street parking spaces, and other parking alternatives, TS has no concerns with the variances. Furthermore, as a condition of these variances, staff is recommending a condition to require the owner to enter into an agreement to be registered on the title of the property to require certain Transportation Demand Management measures are implemented to mitigate adverse impacts on adjacent properties and City -owned parking facilities, related to the parking reduction. Specifically, these measures include requirements for unbundled parking, secured bicycle parking spaces, and transit passes. In light of the Official Plan direction to ensure that development within this area is consistent with Transit Oriented Development policies, staff's review of the Parking Justification Report, and recommended conditions, Planning staff is of the opinion that the requested parking relief variances are justified. Variance 4 meets the intent of the 1994 Official Plan and Zoning By-law, is minor, and desirable for the appropriate development of the land. The plan submitted with the application form shows balconies will be located 6.205 metres from the rear lot line. The building proper will be located a minimum of 7.5 metres from the rear lot line. It should be noted that the Zoning By-law allows balconies that are not supported by the ground to be located only 0.75 metres from the rear lot line. Staff is of the opinion that allowing supported balconies this distance from a residential zone (to the north) intended for medium density development will not have unacceptably adverse impacts on existing and proposed development. Variances 1 through 4 are desirable for the appropriate development of the land since they will allow redevelopment of a property that is run-down with new, mixed-use, transit -oriented, pedestrian -friendly development that will help to achieve the City's objectives for the Central Transit Corridor. Planning staff notes that the applicant has been advised that because the project has not yet received Approval in Principle of the Site Plan Application, if further relief is determined to be necessary through the Site Plan review, the applicant will need to reapply to the Committee of Adjustment for additional/different variances. For the abovementioned reasons, Planning staff is of the opinion that the variance requests are justified, subject to the conditions outlined below. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed new apartment building is obtained prior to construction. Please contact the Building Division @ 519-741- 2433 with any questions. Transportation Services Comments: 1) Parking ratio: Considering the location of the development and the proposed TDM measures, Transportation Services have no concerns with the proposed application subject to the following condition: A letter of understanding regarding the transit passes should be provided. 2) Visitor parking spaces: Given the proximity of the proposed development to Downtown Kitchener, to transit and other parking alternatives, Transportation Services have no concerns with the proposed application. 3) Retail parking spaces: Given the small size of the proposed retail space, its proximity to Downtown, to transit and other parking alternatives such as on -street parking spaces, Transportation Services have no concerns with the proposed application. 4) Balcony in the rear yard: Transportation Services have no concerns with the proposed application. Heritage Comments: Note that the subject property is located within the King Street East Secondary Plan. The applicant should be aware that the land use policies and zoning for the property and area are subject to change through an upcoming neighbourhood planning review (to stay informed, subscribe to https://www.kitchener.ca/en/city-services/neighbourhood-planning-reviews.aspx). As part of this review, the City will be proceeding with the next step of the cultural heritage landscape conservation process. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by the Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed 388 King Street East is advised that the property is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Special Policy Area #58 provides the interim policy direction for how development applications will be evaluated until such time as the City completes the secondary plan review, including implementation of the Planning Around Rapid Transit Study (PARTS) Central Station recommendations. The subject site is within the Focus Area for intensification and as such, the associated policies should in part inform the `intent of the Official Plan' consideration of the minor variance. Environmental Planning Comments: No environmental planning concerns as no new development/construction is proposed. RECOMMENDATION That Minor Variance Application A2018-077 requesting to allow: 1) 48 off-street parking spaces (0.7 space/per-unit) for multiple dwelling units, whereas the Zoning By-law requires 72 off-street parking spaces (1.0 space/per-unit); 2) 5 off-street visitor parking spaces (i.e., 7% of required multiple dwelling parking), whereas the Zoning By-law requires 14 off-street visitor parking spaces (i.e., 20%); 3) 0 parking spaces for 114 square metres of retail use, whereas the Zoning By-law requires 5 retail parking spaces [(114 square metres retail GFA / 20.0) — 20%]; and 4) Supported balconies in the rear yard, whereas the By-law does not permit supported balconies in the rear yard; be approved, subject to the following conditions: 1. That the owner to enter into an agreement to be registered on the title of the property to require certain Transportation Demand Management measures are implemented to mitigate impacts from the parking reduction. Specifically, these measures shall include requirements for unbundled parking, secured bicycle parking spaces, and transit passes, to the satisfaction of the Director of Transportation Services. 2. That the rear yard setback for balconies be in general conformity with the 6.205 metre setback shown on the plan submitted with the application form, to the satisfaction of the City's Director of Planning. 3. That this approval shall apply only to the development proposed through Site Plan Application SP18/051 /K/AP. 4. That all conditions shall be completed prior to August 21, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Andrew Pinnell, MCIP, RPP Planner Juliane von Westerholt, MCIP, RPP Senior Planner Attach: • Excerpt of Plan Submitted with Application Form Region of Waterloo August 13, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th 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: D20-20/VAR KIT GEN (1)/69, Great Canadian Holidays and Coaches. (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment agreement may be required, all at the applicant's expense. 9. 388 King Street East (A 2018-077): No concerns. 10.120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. Document Number: 2802742 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Report K*i- Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 21, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Juliane vonWesterholt, Senior Planner - 519-741-2200 ext. 7157 WARD: #10 DATE OF REPORT: August 15, 2018 REPORT #: DSD -18-091 SUBJECT: A2018-078 — 120,130,140 King Street West, 31 Young Street and 55 Duke Street West Applicant — GSP Group on behalf of Andrin Next Limited Approved with Conditions Staff visited the site on August 15th, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT The applicant has requested the following variances to permit the construction of a multi -residential development having 296 units with retail uses on the ground floor along the King Street frontage: • a total height of 74.5m rather than a maximum height of 52.86 m measured as a horizontal distance with a 45 degree relationship from the south side of King Street West as per regulation 14.3; • a height of 17.25m for the portion of a building set back less than 6m on a lot fronting King Street rather than the maximum permitted height of 12m as per regulation 14.3; • to permit an exemption from the fagade opening regulation from the 50% area of the ground floor fagade to have an opening with a maximum 4m spacing between openings for the frontage along Duke Street only (where a heritage fagade is incorporated into the building design) as per regulation 14.3; • to permit off-street parking spaces to be calculated at a ratio of 0.95 spaces/per-unit rather than 1 space/per-unit 6.1.1.1. Planning Comments: The subject lands are designated City Centre District within the Urban Growth Centre and are Zoned D1 - Retail Core. 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. The subject lands are located within the Urban Growth Centre (UGC) or Downtown and are designated City Centre District. Lands within the UGC are intended to be the primary focus area in the city for intensification and must achieve a gross density target of 225 residents and jobs per hectare to support the downtown as a desirable place to live and work and to support public transit. Section 15.D.2.18 indicates that the City may limit the height of buildings along the street edge of King Street in order to ensure adequate sun exposure, enhancement of the public realm and to ensure human scale development is achieved. The Official plan also gives the pedestrian, cyclist, and public transit priority above vehicular circulation and accommodation and encourages parking reductions through TDM measures where this will contribute to the planned function of the Downtown. The applications before the Committee will assist in meeting the desired intensification targets, while continuing to ensure that the objectives regarding adequate sun exposure and enhancement of the public realm through achievement of human scale development. Additionally, the parking reductions sought are in keeping with the direction in the OP to reduce parking within the UGC or Major Transit Station Areas (MTSA's). The site is located opposite the City Hall ION station and the applicant has proposed TDM measures such as bicycle parking to encourage active transportation uses. In this regard, it is staff's opinion that the general intent of the Official Plan has been maintained. 2. The subject lands are zoned D-1 Retail Core. The mixed use development proposed for the subject lands with respect to the scale and massing is consistent with the uses permitted in the downtown. Regulation 14.3 limits the height of the facades of buildings within 6 metres of the property line to have a maximum height of 12 metres and this is intended to assist in achieving a desirable amount of exposure to sunlight through positioning of buildings in a 45 degree angular plane relationship with the opposite side of King Street. This can be achieved in a number of ways, through building design and positioning on the site. The applicant has requested that a height of 17.25 metres be permitted for the closest building to King Street for this site. This would result in a 6 storey building. At the time of the writing of the bylaw in the early 1990's, the height along King Street was in the 3 to 4 storey (12 metres) range and then the building had to be stepped back. This would result in a design that every 6m the building is stepped back which in turn, creates a "wedding cake design" for buildings like the TD building on the opposite side of King Street. The same effect can be achieved through proper siting and location of buildings on site. The subject lands will have 2 new buildings on site. The shorter building will have a height of 17.25 metres for a 6 storey building along King, while more internal to the site, a 23 storey tower will be located having a total height of 74.5 metres. This site has been identified as a site for intensification, is located in the UGC and will be properly designed and situated on site to continue to meet the objectives outlined in the OP section above regarding sunlight, and enhancement of the public realm. By situating the buildings on site, only a small portion of the tower requires relief from the setback starting on the 19th storey to the 231d storey at a portion of the building located 34 metres from King Street. This will be negligible to the pedestrian on the street at this height. Through thoughtful placement of the buildings on site and design considerations including stepbacks in line with the Tall Building Guidelines, the general intent of the Zoning by-law regarding satisfying the angular plane and thereby maximizing the sun exposure and positive pedestrian scale of development is maintained. The bylaw also regulates fagade openings and requires that no less than 50% of the ground floor fagade shall be devoted to display windows and sets a maximum of 4m between these display openings, so that the streetscape is active, lively and not framed by large blank walls. The applicant has requested that this regulation not apply to the fagade along Duke Street only. As part of the redevelopment of the site the Duke Street fagade of the tower building will contain and incorporate the former heritage fagade of the Forsyth Factory. By incorporating this cultural heritage feature into the building design, this requirement for the spacing of window openings cannot be complied with as the fagade openings differ from the typical display window spacing. This variance would not apply to the King Street frontage and would therefore allow a continuous open and activated streetscape along King Street, thereby meeting the general intent of this regulation. The applicants have also requested that parking reductions be considered for this development to be calculated at .95 spaces per unit rather than 1 space per unit. As this site is located within the downtown core and is within a MTSA (City Hall ION station) it is appropriate to consider reductions in parking. The proposed reduction is minor and would continue to meet the intent of the zoning by- law as on-site parking is still being provided, albeit at a slightly reduced rate. For the reasons cited above the general intent of the zoning bylaw has been maintained. 3. The requested variances are appropriate and desirable for the development of the subject lands. The site will be properly designed so as to mitigate or minimize any impacts to the public realm. The site will continue to meet the various Official Plan and Zoning By-law objectives to ensure for its orderly development. 4. The variances are minor as there are no impacts anticipated on adjacent lands or on the public realm. Based on the foregoing, Planning staff recommends that this application be approved as outlined below in the Recommendation section of this report. Building Comments: No concerns. Transportation Services Comments: Transportation Services have reviewed the Transportation Demand Management submitted by Paradigm Transportation Solutions Limited and have no concerns with the proposed reduction in parking spaces from 1 space per unit to 0.95 space per unit. Engineering Comments: No concerns. Heritage Comments: In the past, there were two buildings on the subject property that were of heritage interest. One of the buildings was designated and one was listed under the Ontario Heritage Act and both buildings were demolished as part of the development process. There were a number of heritage development conditions imposed in order to grant the approval of the demolition of the designated building and construction of the new building on the property. Heritage Planning Staff has reviewed the minor variance application and has no concerns with the proposed minor variances as they are required to satisfy a number of those heritage conditions. Note that the subject property is located within the Downtown Cultural Heritage Landscape (CHL). The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by the Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Parks/Operations: The subject property is within the Downtown Exemption Area and therefore parkland dedication is not required. RECOMMENDATION: That minor variance application A2018-078 requesting: 1. Relief from Section 14.3 to allow an increased maximum height of 74.5 metres rather than a maximum height of 52.86 m measured as a horizontal distance with a 45 degree relationship from the south side of King Street West; 2. Relief from Section 14.3 to allow a height of 17.25m for the portion of a building set back less than 6m on a lot fronting King Street rather than the maximum permitted height of 12m; 3. Relief from Section 14.3 to permit an exemption from the fagade opening regulation from the 50% area of the ground floor fagade to have an opening with a maximum 4m spacing between openings for the frontage along Duke Street only (where a heritage fagade is incorporated into the building design); 4. Relief from Section 6.1.2 to permit off-street parking spaces to be calculated at a ratio of 0.95 spaces/per-unit rather than 1 space/per-unit; BE APPROVED without conditions. Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo August 13, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th 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: D20-20/VAR KIT GEN (1)/69, Great Canadian Holidays and Coaches. (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment agreement may be required, all at the applicant's expense. 9. 388 King Street East (A 2018-077): No concerns. 10.120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. Document Number: 2802742 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Repoil Development Services Department 1 KN- R www.kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 21St, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner — 519-741-2200 ext. 7843 WARD: 4 DATE OF REPORT: August 14th, 2018 REPORT #: DSD -18-092 SUBJECT: A2018-079-094 1 3, 11, 13, 21, 23, 31, 33, 41 Ridgemount Street & 3, 11, 13, 21, 23, 31, 33, 41 Sportsman Hill Street 54 Applicant — Pierre Chauvin, MHBC Planning Approve with Conditions 4 , 735 " + ,1 •1 'L 'y 1 1 727 L rat 1 V 1 t V V 723- 1 l L 4 1 L 719 - 715 I'1 ,y 11 LI V V 1 787 LI 711 t L 783 �V 1 699 595 691 35'1 37 39 ,l 41 29% ,I + t L 127 1 y ® + 11211 IL 17 V19i ® 11 ' 111 11 11 13 ' 15 , 11 t 1 x51 7 19, 4 11 a -- 1 �1 - 51 - LL + 11 4fi 1 50 1 l L 42 1 , 111 - 34 11 tl i 38 f + 11 l 1 1 l L l 1 — 22 26 18 4 V 14 19 .' LI 5 -� 2 41 39+, L 1 ty 1 ®L11 35 LL 37 33 V I +t 2911 31 LI 1 4 1 1 '� �1, 27 1 +1 1 23 ly 1 t 11 ]�- I L 1 1 21 i , 1 17, L 1 1 - "® 13 1 11 17 L 11 - - � 9 50 Location Map 195 89 - 82 78 74 - *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 \ 1 58 � 1 54 \ *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: This application includes a total of 16 properties. The application numbers will correspond with the addresses as follows: 3 Ridgemount Street A2018-079 11 Ridgemount Street A2018-080 13 Ridgemount Street A2018-081 21 Ridgemount Street A2018-082 23 Ridgemount Street A2018-083 31 Ridgemount Street A2018-084 33 Ridgemount Street A2018-085 41 Ridgemount Street A2018-086 3 Sportsman Hill Drive A2018-087 11 Sportsman Hill Drive A2018-088 13 Sportsman Hill Drive A2018-089 21 Sportsman Hill Drive A2018-090 23 Sportsman Hill Drive A2018-091 31 Sportsman Hill Drive A2018-092 33 Sportsman Hill Drive A2018-093 41 Sportsman Hill Drive A2018-094 The 16 subject properties listed above are zoned Residential Six Zone (R-6) with Special Use Provision 448U and Special Regulation Provision 669R in the Zoning By-law 85-1 and designated Low Rise Residential in the 2014 Official Plan. Staff conducted a site inspection of the property on July 27th, 2018. The applicant is requesting relief from Section 40.2.5 in the Zoning By-law to allow a side yard setback of 0.94 metres, whereas the By-law requires a side yard setback of 2.5 metres for street townhouse dwellings. The applicant is also requesting relief from Section 5.5C.1 to allow for the width of a garage to be 100% of the fagade, whereas the By-law allows for a maximum garage width of 70% of the fagade. View of Vacant Area with Proposed Street Townhouse Dwellings (July 27th, 2018) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. Side Yard Setback Variance The requested variance meets the general intent of the 2014 Official Plan. The Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for reduction in side yard setback does not interfere with the general intent of the Official Plan. 2. The requested variance meets the general intent of the Zoning By-law. The intent of the regulation that requires a side yard setback of 2.5 metres is to allow for access and to limit impacts to neighbouring properties. Staff believes that the proposed 0.94 metre setback will be adequate to provide access to the rear yard. Staff acknowledges that the part of the building proposed to be located 0.94 metres to the side lot line is a covered porch, which would have much less of an impact than if the 3 storey building itself was located at that distance to the property line. Staff believes the distinction between the impacts of a 3 storey building and a one storey covered porch is important to note and believes that a covered porch located 0.94 metres to the side lot line will not have an adverse impact on neighbouring properties. Therefore, the requested variance for reduction in side yard setback meets the general intent of the Zoning By-law. 3. The proposed variance is considered desirable and appropriate for the development and use of the lands. Staff is supportive of the proposed large and functional porches, and believes that the proposed variance is appropriate for the development. 4. The variance is considered minor. Staff believe any impacts of a covered porch located 0.94 metres to the side property line to be minor. Garage Width Variance The requested variance meets the general intent of the 2014 Official Plan. The Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for garage width does not interfere with the general intent of the Official Plan. 2. The requested variance meets the general intent of the Zoning By-law. The intent of the regulation that limits garage width to 70% of the width of the fagade is to maintain the character of the streetscape and to provide adequate separation between driveways. City Urban Design staff have reviewed the proposed elevation drawings submitted with the application and believe that the character of the streetscape can be maintained given the high level of articulation between end units and interior units within the proposed townhouse blocks. To address the separation between driveways, the end units are designed to flank the front porch entrances of the abutting interior units, which provides a substantial separation distance between the driveways within each proposed townhouse block. 3. The proposed variance is considered desirable and appropriate for the development and use of the lands. Staff is supportive of the overall design of the proposed buildings, and believes that the proposed variance is appropriate for the development. 4. The variance is considered minor. Staff believes that the requested variance is due to the design of the proposed buildings, and believes any impacts will be minor. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for each of the proposed townhouses is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That applications A2018-079-094 requesting permission to construct street townhouse dwellings with a side yard setback of 0.94m rather than the required 2.5m and; to have a garage width of 100% of the width of the front fagade rather than the maximum permitted garage width of 70% be approved, subject to the following condition: That a building permit is obtained from the Building Division prior to any construction by September 1St, 2019. Eric Schneider, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 13, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th 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: D20-20/VAR KIT GEN (1)/69, Great Canadian Holidays and Coaches. (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment agreement may be required, all at the applicant's expense. 9. 388 King Street East (A 2018-077): No concerns. 10.120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. Document Number: 2802742 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Report Development Services Department 1 K�_R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: August 21, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Planner — 519-741-2200 ext. 7668 WARD: 8 DATE OF REPORT: August 15, 2018 REPORT #: DSD -18-093 SUBJECT: B2018-048 and B2018-049 (Both Amended) — Northeast Corner of Weichel Street and Victoria Street South Applicant — Scott Patterson (Labreche Patterson & Associates) Owner — 1917171 Ontario Inc. Approve Subject to Conditions REPORT Planning Comments: The subject property is located at the northeast corner of Weichel Street and Victoria Street South in the Victoria Hills Planning Community. The lands are undeveloped. The lands are designated Low Rise Residential in the 2014 Official Plan and are zoned R-6 in the Zoning By-law. The surrounding area is composed of a variety of low density residential land uses, including, for example, single detached dwellings and low rise apartments. Planning staff visited the site on June 25, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. In May / June 2018, the applicant submitted 3 consent applications to create 3 new lots (a total of 4 resultant lots). As part of the review, the Region provided comments indicating that access to the retained lot (which had frontage only on Victoria Street) would not be permitted from Victoria Street South due to deficient sight distance visibility (i.e., a traffic safety issue). Accordingly, the Region stated that the retained lot was not functional. Consequently, Planning staff stated that it could not support the application and since all 3 applications related to each other, none of the applications could be supported. Planning staff contacted the applicant on June 6, 2018 and discussed options for the severance of the lands, including the possibility of eliminating the retained lot in favour of deeper lots fronting Weichel Street, which Planning staff said would require the applicant to withdraw the applications and submit new applications. At the Committee meeting of July 17, 2018, the Committee deferred the application at the request of the applicant. The applicant has now revised applications B2018-048 and B2018-049, and withdrawn application B2018-050, in order to undertake this approach and eliminate the sight distance visibility issue. Amended Consent Applications B2018-048 and B2018-049 now propose: • Severed Lot 1: To create a lot for a semi-detached dwelling with an approximate width of 15 metres, a depth ranging between 37.13 metres and 38.06 metres, and an area of 548.5 square metres, with frontage on Weichel Street • Severed Lot 2: To create a lot for a semi-detached dwelling with an approximate width of 15 metres, a depth ranging between 38.06 metres and 38.99 metres, and an area of 562.1 square metres, with frontage on Weichel Street • Retained Lands: That the retained lot would be used for single detached or duplex or multiple residential purposes, and have an approximate width of 17.97 metres on Weichel Street, a depth ranging between 38.99 metres and 40.78 metres, and an area of 771.3 square metres, with frontage on both Weichel Street and Victoria Street South. No minor variances are required in order to facilitate the subject consent applications since all three resultant lots would comply with the Zoning By-law. 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 uses of both the severed and retained parcels conform to the City's Official Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing and proposed use of the lands, the proposed lots front onto an established public street, and all new lots will be serviced with independent and adequate municipal service connections. Also, the resultant lots will be compatible in size with the lots in the surrounding area. Based on the foregoing, Planning staff recommends that all subject applications be approved, subject to the conditions outlined in the Recommendation section of this report. Regional Municipality of Waterloo Comments: The owner/applicant is proposing to sever the land and create two new residential lots fronting onto Weichel Street. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Record of Site Condition: The subject property is part of a former (historical) landfill and is identified as a known threat for environmental contamination due to past and existing uses. In accordance with the Region of Waterloo's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is required prior to final approval of the consent application. Corridor Planning: Regional Road Dedication A dedicated road widening of 7.62 metres daylight triangle will be required at the northeast corner of Victoria Street South/ Weichel Street. A draft reference plan for the road widening/ daylight triangle will need to be prepared by an Ontario Land Surveyor and must be provided for review by Regional staff, prior to depositing the Reference Plan to Land Registry Office. The owner must provide a copy of registered Reference Plan and owner' s legal representative's contact information who would be required to work with Region's Legal staff to complete the required documentation for the dedicated road widening/ daylight triangle. A Phase I and Phase II Environmental Site Assessment (ESA) is required for the portions of lands to be dedicated to the Region and must be excluded from the RSC for the balance of the lands. Access With the proposed severance plan no severed or retained lots will have access form Victoria Street. The access to all lots will be provided from the adjoining municipal street. Environmental Noise A detailed environmental noise study will be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and Westmount Road West (RR #50). The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured as accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC - 300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www.regionofwaterloo.ca/en/living-here/resources/Design-Standards/Noise-Assessment- Application--Fee-Form.pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading As a condition of the consent, the owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(a)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Site Servicing/ Municipal Consent: Servicing plans will require Regional approval through a separate process of Municipal Consent. Also any work required within the Region of Waterloo road allowance will require a Regional Work Permit. In this regard the owner/applicant 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. Josh Graham, 519-575-4400 ext 3580 or by email at: JGraham areaionofwaterloo.ca Water Services: Given the proximity to a 600 mm PVC regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018 Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 2) That prior to final approval the applicant submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. 3) That prior to final approval, the applicant complete the required road widening dedication. 4) That prior to final approval, the applicant submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 6) That prior to final approval, the applicant submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. 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 construction of each new building Transportation Services Comments: Transportation Services have no concerns with the proposed application subject to the following condition: • Future sidewalks are required on Weichel Street only along the frontage of the severed portion of lands. The applicant should install the sidewalks as it connects the existing sidewalks on Weichel Street to the existing sidewalks on Victoria Street. 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. If the buildings have basements and a sump pump is required, a storm outlet will be required also. • The owner is required to make satisfactory financial arrangements with the Engineering Services Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate municipal water, storm and sanitary services are currently available to service this property. Each severed lot will require a sanitary, a storm, and a water service. Any further enquiries in this regard should be directed to Engineering Services Division. • Any new driveways are to be built to City of Kitchener standards. All work 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 Services 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 Services 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. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building permit will be issued. Heritage Comments: No heritage planning concerns. Operations Comments: Application 82018-048: A cash -in -lieu of land park dedication is required on Severed Lot 1 having 15.0 lineal metres frontage, in the amount $6,900.00 as a new development lot will be created as result of the proposed severance. Parkland dedication is calculated at 5% of the per metre lineal frontage land value for the severed parcel. Application 82018-049: A cash -in -lieu of land park dedication is required on Severed Lot 2 having 15.0 lineal metres frontage, in the amount $6,900.00 as a new development lot will be created as result of the proposed severance. Parkland dedication is calculated at 5% of the per metre lineal frontage land value for the severed parcel. RECOMMENDATION That Amended Consent Applications B2018-048 and B2018-049 requesting consent to create 2 new lots: Severed Lot 1 with an approximate lot width of 15 metres, a depth ranging between 37.1 and 38.1 metres, and a lot area of 548.5 square metres, and Severed Lot 2 with an approximate lot width of 15 metres, a depth ranging between 38.1 metres and 39.0 metres, and a lot area of 562.1 square metres, be approved, subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 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 pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner make financial arrangements, to the satisfaction of the City's Director of Engineering Services for 100 percent of the cost of a municipal sidewalk on Weichel Street, along the full frontage the severed lots, or that the owner construct said sidewalk, to the satisfaction of the City's Engineering Services. 5. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed and retained lands. 6. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramps, on the severed and retained lands, or otherwise receive relief from Engineering Services for this requirement. 7. That the owner prepare a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services. 8. That the owner complete and submit the Development and Reconstruction As -Recorded Tracking Form 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, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City's to Engineering Services. 9. 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 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 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. 10. That the owner submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 11. That the owner shall submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the satisfaction of the Region of Waterloo. 12. That the applicant complete the required road widening dedication, to the satisfaction of the Region of Waterloo. 13. That the applicant submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region, to the satisfaction of the Region of Waterloo. 14. That the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 15. That prior to final approval, the applicant submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP Planner Senior Planner Attachment: • Consent Sketch Submitted with Application Form Consent Sketch Submitted with Application Form N* Region of Waterloo File No. D20-20/18 KIT August 13, 2018 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 U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2018-048 through B2018-049, B2018-0555 through B2018-062 Committee of Adjustment Hearing August 21, 2018 CITY OF KITCHENER B2018-048 and B2018-049 Weichel St at Victoria St 19171771 Ontario Inc. c/o Scott Murray The owner/applicant is proposing to sever the land and create two new residential lots fronting onto Weichel Street. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Record of Site Condition: The subject property is part of a former (historical) landfill and is identified as a known threat for environmental contamination due to past and existing uses. In accordance with the Region of Waterloo's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites, Document Number: 2798486 Version: 1 a Record of Site Condition (RSC) is required prior to final approval of the consent application. Corridor Planning: Regional Road Dedication A dedicated road widening of 7.62 metres daylight triangle will be required at the northeast corner of Victoria Street South/ Weichel Street. A draft reference plan for the road widening/ daylight triangle will need to be prepared by an Ontario Land Surveyor and must be provided for review by Regional staff, prior to depositing the Reference Plan to Land Registry Office. The owner must provide a copy of registered Reference Plan and owner' s legal representative's contact information who would be required to work with Region's Legal staff to complete the required documentation for the dedicated road widening/ daylight triangle. A Phase I and Phase II Environmental Site Assessment (ESA) is required for the portions of lands to be dedicated to the Region and must be excluded from the RSC for the balance of the lands. Access With the proposed severance plan no severed or retained lots will have access form Victoria Street. The access to all lots will be provided from the adjoining municipal street. Environmental Noise A detailed environmental noise study will be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and Westmount Road West (RR #50). The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured as accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional Document Number: 2798486 Version: 1 expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: //www. reaionofwaterloo. ca/en/I ivina-here/resources/Desian-Standards/Noise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading As a condition of the consent, the owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. Document Number: 2798486 Version: 1 The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Site Servicing/ Municipal Consent: Servicing plans will require Regional approval through a separate process of Municipal Consent. Also any work required within the Region of Waterloo road allowance will require a Regional Work Permit. In this regard the owner/applicant 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. Josh Graham, 519-575-4400 ext 3580 or by email at: JGraham (o�regionofwaterloo.ca Water Services: Given the proximity to a 600 mm PVC regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018 Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 2) That prior to final approval the applicant submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. 3) That prior to final approval, the applicant complete the required road widening dedication. Document Number: 2798486 Version: 1 4) That prior to final approval, the applicant submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 6) That prior to final approval, the applicant submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. B2018-055 33 Second Avenue Arvind Paul Singh The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling Document Number: 2798486 Version: 1 occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/ sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the Document Number: 2798486 Version: 1 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-056 63 Plymouth Road Bojan Bijelic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 2798486 Version: 1 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 Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Document Number: 2798486 Version: 1 B2018-057 103 Plymouth Road Vuk Vujevic and Dario Kokorovic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will Document Number: 2798486 Version: 1 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 application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-058 379-389/399 Queen Street South Michael Puopolo c/o Polocorp Inc. The owner/applicant is proposing an easement in favour of Barra on Queen Inc. for servicing rights (catch basin). Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-059 and B2018-060 640 and 654 Trillium Drive and 59 McBrine Place FNF Enterprises Inc. The owner/applicant is proposing a severance to create three individual lots as a result of the title of the three properties merging due to a previous amalgamation of the companies holding the real-estate. Community Planning: 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: Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot. B2018-061 859 Courtland Avenue East 2008703 Ontario Limited The owner/applicant is proposing easements for the purpose of access and environmental monitoring in favour of Nike Incorporated for the purpose of facilitating monitoring required by a Record of Site Condition. Corridor Planning: Regional Staff have no concerns with the subject application with the understanding that no changes to the existing access on Courtland Avenue East are required for the proposed access/easement purpose. The owner is advised that: a) A Regional Access Permit will be required for any modification or change of use to the existing access. b) A Region of Waterloo Work Permit must be obtained from the Region prior to commencing any construction within the Regional right-of-way. Please refer to the following website for further guidance: https://rmowroadperm its. mirasan.ca/ Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-062 560-632 Victoria Street North Weston Foods Canada Inc. / GSP Group Inc. The owner/applicant is proposing to a severance to facilitate the redevelopment of the land for commercial purposes. Community Planning: The Region acknowledges receipt of the required Consent Application Review Fee of $350.00. Corridor Planning: Transit Planning: A transit shelter easement measuring 6.0 metres x 1.2 metres beyond the property line will be required as a condition of approval for the subject application. A draft reference plan that specifies the transit shelter easement as a separate part must be prepared by an Ontario Land Surveyor and provided for review by Regional staff prior to depositing the Reference Plan to the Land Registry Office. The owner/applicant must provide a copy of the registered Reference Plan and the owner/applicant's legal representatives must work with Regional Staff to complete the required documentation for the transit shelter easement. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Access.- Once ccess: Once details for the proposed commercial development are available, the accesses for both retained and severed lots may need to be consolidated and redundant accesses may need to be closed. Further details will be determined at future redevelopment stage once detailed plans are available. A Regional access permit along with appropriate application fee will be required for each new, modified, or to be closed access on Victoria Street North (RR #55). Access Permit application form is available at: https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf Any access within permit control area of MTO jurisdiction will be subject to approval by the appropriate MTO authorities. Document Number: 2798486 Version: 1 Transportation Impact Study. A Transportation Impact Study may be required based on the proposed development plans of future commercial development. Environmental Noise. A detailed environmental noise study may be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and rail noise/vibration from Goderich Exeter Railway for any onsite/offsite noise sensitive land uses on the severed lot. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. odf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading: The owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Document Number: 2798486 Version: 1 Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Site Servicing/ Municipal Consent.- Servicing onsent:Servicing plans will require Regional approval through a separate process of Municipal Consent. Work Permit: 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://rmowroadpermits.mirasan.ca/ for further guidance." Water Services: Given the proximity to a 600 mm Ductile Iron regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in Document Number: 2798486 Version: 1 accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval the applicant provide a draft reference plan with the required transit shelter easement to the satisfaction of the Region of Waterloo. 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, 1rk., e� Matthew Colley Planner Document Number: 2798486 Version: 1 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Report Development Services Department J KIR www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: August 21, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext. 7987 WARD: 3 DATE OF REPORT: August 10, 2018 REPORT #: DSD -18-094 SUBJECT: B2018-055 — 33 Second Avenue Applicant — Arvind Paul Singh & Amarjit Singh Approve with Conditions Location Map: 33 Second Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property is located at 33 Second Avenue and is designated Low Rise Residential in the Official Plan and zoned Residential Four (R-4) in Zoning By-law 85-1. The subject property is located in close proximity to the intersection of Second Avenue and Kingsway Drive and is developed with a single detached dwelling. The applicant is proposing to sever the existing property into two separate lots that will have frontage onto Second Avenue. The existing dwelling is proposed to be removed, and a new single detached dwelling is proposed for each lot. The existing property has a lot width of 20.0 metres, a depth of 40.0 metres and a lot area of 800 square metres. The applicant is proposing to sever the lot in half so that each proposed lot will have a width of 10.0 metres and a lot area of 400 square metres. The proposed lot sizes comply with the zoning by-law. The following application to sever 33 Second Avenue into two separate lots is a resubmission of a previous Committee of Adjustment application that was approved on June 20, 2017 with conditions. As per Section 53(41) of the Planning Act, R.S.O. 1990, c.P.13, as amended, if conditions for a consent have been imposed and the applicant has not, within a period of one year after notice was given, fulfilled the conditions, the application for consent shall be deemed to be refused. The conditions of the previous application approved on June 20, 2017 were not completed by the one year deadline and as such, the application was deemed refused. Therefore the applicant was required to file a new application to permit the proposed consent. No changes to the original application have been made. City Planning staff conducted a site inspection of the property on July 27, 2018 33 Second Avenue As in 2017, 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 refer to the former policies. The Low Rise Residential designation supports a full range of low density housing types including single detached 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 Four (R-4) zone. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands and the lands front on an established public street. Both parcels of land can be serviced with independent service connections to municipal services. Improvements to the Montgomery -Freeport Sanitary Drainage Area are underway and are anticipated to be completed by the end of 2018 at which time adequate services will be available. 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. Based on the foregoing, Planning staff recommends that Consent Application B2018-055 requesting permission to sever the existing property into two lots be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. 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 all existing buildings, as well as construction of all new buildings. Transportation Comments: Transportation Services has no concerns with the proposed application 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. If the buildings have basements and a sump pump is required, a storm outlet will be required also. • This property is located in the Montgomery -Freeport Sanitary Drainage Area. There is currently a development freeze in this area until the final phase of the Freeport Sanitary Pumping Station is complete. Engineering will not approve any Off -Site Works applications for this site until the pumping station works are complete. Works are anticipated to be completed by the end of 2018. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate municipal water, storm and sanitary services are currently available to service this property. Each severed lot will require a sanitary, a storm, and a water service. Any further enquiries in this regard should be directed to Natasha Prepas- Strobeck (519-741-2200 ext. 7136). • Any new driveways are to be built to City of Kitchener standards. All work 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 land park dedication is required on the severed parcel having 10.0 lineal metres frontage, in the amount $4,600.00 as a new development lot will be created as result of the proposed severance. Parkland dedication is calculated at 5% of the per metre lineal frontage land value for the severed parcel. Heritage Comments: No cultural heritage issues or concerns Environmental Planning Comments: Conditions applied at this time should be consistent with those applied to the previous application. RECOMMENDATION That Application B2018-055 proposing to sever a lot with a width of 10.0 metres, a depth of 40.0 metres, and a lot area of 400 square metres, 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 shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City's Director of Planning. 4. 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. 5. That a Demolition Control Application be approved for removal of the existing dwelling. 6. That the owner makes financial arrangements to the satisfaction of the City's Engineering Services 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 $4,600.00. Park Dedication is calculated at the residential rate of 5%, for the severed lands only, with a land valuation calculated by the lineal frontage (10 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 Katie Anderl, MCIP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner N* Region of Waterloo File No. D20-20/18 KIT August 13, 2018 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 U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2018-048 through B2018-049, B2018-0555 through B2018-062 Committee of Adjustment Hearing August 21, 2018 CITY OF KITCHENER B2018-048 and B2018-049 Weichel St at Victoria St 19171771 Ontario Inc. c/o Scott Murray The owner/applicant is proposing to sever the land and create two new residential lots fronting onto Weichel Street. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Record of Site Condition: The subject property is part of a former (historical) landfill and is identified as a known threat for environmental contamination due to past and existing uses. In accordance with the Region of Waterloo's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites, Document Number: 2798486 Version: 1 a Record of Site Condition (RSC) is required prior to final approval of the consent application. Corridor Planning: Regional Road Dedication A dedicated road widening of 7.62 metres daylight triangle will be required at the northeast corner of Victoria Street South/ Weichel Street. A draft reference plan for the road widening/ daylight triangle will need to be prepared by an Ontario Land Surveyor and must be provided for review by Regional staff, prior to depositing the Reference Plan to Land Registry Office. The owner must provide a copy of registered Reference Plan and owner' s legal representative's contact information who would be required to work with Region's Legal staff to complete the required documentation for the dedicated road widening/ daylight triangle. A Phase I and Phase II Environmental Site Assessment (ESA) is required for the portions of lands to be dedicated to the Region and must be excluded from the RSC for the balance of the lands. Access With the proposed severance plan no severed or retained lots will have access form Victoria Street. The access to all lots will be provided from the adjoining municipal street. Environmental Noise A detailed environmental noise study will be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and Westmount Road West (RR #50). The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured as accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional Document Number: 2798486 Version: 1 expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: //www. reaionofwaterloo. ca/en/I ivina-here/resources/Desian-Standards/Noise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading As a condition of the consent, the owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. Document Number: 2798486 Version: 1 The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Site Servicing/ Municipal Consent: Servicing plans will require Regional approval through a separate process of Municipal Consent. Also any work required within the Region of Waterloo road allowance will require a Regional Work Permit. In this regard the owner/applicant 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. Josh Graham, 519-575-4400 ext 3580 or by email at: JGraham (o�regionofwaterloo.ca Water Services: Given the proximity to a 600 mm PVC regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018 Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 2) That prior to final approval the applicant submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. 3) That prior to final approval, the applicant complete the required road widening dedication. Document Number: 2798486 Version: 1 4) That prior to final approval, the applicant submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 6) That prior to final approval, the applicant submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. B2018-055 33 Second Avenue Arvind Paul Singh The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling Document Number: 2798486 Version: 1 occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/ sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the Document Number: 2798486 Version: 1 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-056 63 Plymouth Road Bojan Bijelic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 2798486 Version: 1 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 Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Document Number: 2798486 Version: 1 B2018-057 103 Plymouth Road Vuk Vujevic and Dario Kokorovic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will Document Number: 2798486 Version: 1 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 application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-058 379-389/399 Queen Street South Michael Puopolo c/o Polocorp Inc. The owner/applicant is proposing an easement in favour of Barra on Queen Inc. for servicing rights (catch basin). Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-059 and B2018-060 640 and 654 Trillium Drive and 59 McBrine Place FNF Enterprises Inc. The owner/applicant is proposing a severance to create three individual lots as a result of the title of the three properties merging due to a previous amalgamation of the companies holding the real-estate. Community Planning: 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: Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot. B2018-061 859 Courtland Avenue East 2008703 Ontario Limited The owner/applicant is proposing easements for the purpose of access and environmental monitoring in favour of Nike Incorporated for the purpose of facilitating monitoring required by a Record of Site Condition. Corridor Planning: Regional Staff have no concerns with the subject application with the understanding that no changes to the existing access on Courtland Avenue East are required for the proposed access/easement purpose. The owner is advised that: a) A Regional Access Permit will be required for any modification or change of use to the existing access. b) A Region of Waterloo Work Permit must be obtained from the Region prior to commencing any construction within the Regional right-of-way. Please refer to the following website for further guidance: https://rmowroadperm its. mirasan.ca/ Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-062 560-632 Victoria Street North Weston Foods Canada Inc. / GSP Group Inc. The owner/applicant is proposing to a severance to facilitate the redevelopment of the land for commercial purposes. Community Planning: The Region acknowledges receipt of the required Consent Application Review Fee of $350.00. Corridor Planning: Transit Planning: A transit shelter easement measuring 6.0 metres x 1.2 metres beyond the property line will be required as a condition of approval for the subject application. A draft reference plan that specifies the transit shelter easement as a separate part must be prepared by an Ontario Land Surveyor and provided for review by Regional staff prior to depositing the Reference Plan to the Land Registry Office. The owner/applicant must provide a copy of the registered Reference Plan and the owner/applicant's legal representatives must work with Regional Staff to complete the required documentation for the transit shelter easement. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Access.- Once ccess: Once details for the proposed commercial development are available, the accesses for both retained and severed lots may need to be consolidated and redundant accesses may need to be closed. Further details will be determined at future redevelopment stage once detailed plans are available. A Regional access permit along with appropriate application fee will be required for each new, modified, or to be closed access on Victoria Street North (RR #55). Access Permit application form is available at: https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf Any access within permit control area of MTO jurisdiction will be subject to approval by the appropriate MTO authorities. Document Number: 2798486 Version: 1 Transportation Impact Study. A Transportation Impact Study may be required based on the proposed development plans of future commercial development. Environmental Noise. A detailed environmental noise study may be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and rail noise/vibration from Goderich Exeter Railway for any onsite/offsite noise sensitive land uses on the severed lot. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. odf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading: The owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Document Number: 2798486 Version: 1 Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Site Servicing/ Municipal Consent.- Servicing onsent:Servicing plans will require Regional approval through a separate process of Municipal Consent. Work Permit: 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://rmowroadpermits.mirasan.ca/ for further guidance." Water Services: Given the proximity to a 600 mm Ductile Iron regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in Document Number: 2798486 Version: 1 accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval the applicant provide a draft reference plan with the required transit shelter easement to the satisfaction of the Region of Waterloo. 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, 1rk., e� Matthew Colley Planner Document Number: 2798486 Version: 1 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: FiNi Alennonde Ghurn'r- I 105 109 Q 113 17 37 t1 O a9 F7Q J Ki R www.kitchener. ca Committee of Adjustment August 21, 2018 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 9 August 8, 2018 DSD -18-095 APPLICATION #: B2018-056 63 Plymouth Road Applicant: Bojan Bijelic Approve with conditions 33 1 k Location Map: 63 Plymouth Road Proposed lot fabrics REPORT Planning Comments: The subject property is designated Low Rise Residential in the City's 2014 Official Plan and zoned Residential Six Zone (R-6) in Zoning By-law 85-1. The lands are currently being developed with a semi-detached dwelling. The existing development of the neighbourhood consists of a mix of single detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this nieghbourhood. The Owner is requesting permission to sever the subject lands into two lots to allow separate ownership of each semi-detached unit. The severed lot would have a lot width of 8.38 metres, a depth of 33.52 metres, and an area of 281 square metres. The retained lot would have a lot width of 8.38 metres, a depth of 33.52 metres, and an area of 281 square metres. City Planning staff conducted a site inspection of the property on July 25, 2018 E X'01 929'£x" �a�L 3„O,fiti.9ZN N N 4 �} +/ CL N P4 H N z D J� UWf � � 9iR r 4 N U R P QV WY eV f-- N D ^�'� 0 2 6J co 46 �i MIS Proposed lot fabrics REPORT Planning Comments: The subject property is designated Low Rise Residential in the City's 2014 Official Plan and zoned Residential Six Zone (R-6) in Zoning By-law 85-1. The lands are currently being developed with a semi-detached dwelling. The existing development of the neighbourhood consists of a mix of single detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this nieghbourhood. The Owner is requesting permission to sever the subject lands into two lots to allow separate ownership of each semi-detached unit. The severed lot would have a lot width of 8.38 metres, a depth of 33.52 metres, and an area of 281 square metres. The retained lot would have a lot width of 8.38 metres, a depth of 33.52 metres, and an area of 281 square metres. City Planning staff conducted a site inspection of the property on July 25, 2018 E Existing semi-detached dwelling under construction at 63 Plymouth Road 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 2014 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 B2018-056, 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. 3 Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot — a building permit will be required for this work. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: No concerns. Transportation Services Comments: Transportation Services have no concerns with the proposed application. 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. If the buildings have basements and a sump pump is required, a storm outlet will also be required. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate municipal water, storm and sanitary services are currently available to service this property. Each severed lot will require a sanitary, a storm, and a water service. Any further enquiries in this regard should be directed to Engineering Services (519-741-2200). Any new driveways are to be built to City of Kitchener standards. All work 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 land park dedication is required on the severed parcel having 8.382 lineal metres frontage, in the amount $3,855.72 as a new development lot will be created as result of the proposed severance. Parkland dedication is calculated at 5% of the per metre lineal frontage land value for the severed parcel. 0 RECOMMENDATION: That Application B2018-56 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 pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,855.72. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (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. 4. That the Owner make 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. 5. 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. 6. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. 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. 8. 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. 9. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Craig Dumart, BES, MCIP, RPP Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner A N* Region of Waterloo File No. D20-20/18 KIT August 13, 2018 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 U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2018-048 through B2018-049, B2018-0555 through B2018-062 Committee of Adjustment Hearing August 21, 2018 CITY OF KITCHENER B2018-048 and B2018-049 Weichel St at Victoria St 19171771 Ontario Inc. c/o Scott Murray The owner/applicant is proposing to sever the land and create two new residential lots fronting onto Weichel Street. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Record of Site Condition: The subject property is part of a former (historical) landfill and is identified as a known threat for environmental contamination due to past and existing uses. In accordance with the Region of Waterloo's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites, Document Number: 2798486 Version: 1 a Record of Site Condition (RSC) is required prior to final approval of the consent application. Corridor Planning: Regional Road Dedication A dedicated road widening of 7.62 metres daylight triangle will be required at the northeast corner of Victoria Street South/ Weichel Street. A draft reference plan for the road widening/ daylight triangle will need to be prepared by an Ontario Land Surveyor and must be provided for review by Regional staff, prior to depositing the Reference Plan to Land Registry Office. The owner must provide a copy of registered Reference Plan and owner' s legal representative's contact information who would be required to work with Region's Legal staff to complete the required documentation for the dedicated road widening/ daylight triangle. A Phase I and Phase II Environmental Site Assessment (ESA) is required for the portions of lands to be dedicated to the Region and must be excluded from the RSC for the balance of the lands. Access With the proposed severance plan no severed or retained lots will have access form Victoria Street. The access to all lots will be provided from the adjoining municipal street. Environmental Noise A detailed environmental noise study will be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and Westmount Road West (RR #50). The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured as accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional Document Number: 2798486 Version: 1 expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: //www. reaionofwaterloo. ca/en/I ivina-here/resources/Desian-Standards/Noise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading As a condition of the consent, the owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. Document Number: 2798486 Version: 1 The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Site Servicing/ Municipal Consent: Servicing plans will require Regional approval through a separate process of Municipal Consent. Also any work required within the Region of Waterloo road allowance will require a Regional Work Permit. In this regard the owner/applicant 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. Josh Graham, 519-575-4400 ext 3580 or by email at: JGraham (o�regionofwaterloo.ca Water Services: Given the proximity to a 600 mm PVC regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018 Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 2) That prior to final approval the applicant submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. 3) That prior to final approval, the applicant complete the required road widening dedication. Document Number: 2798486 Version: 1 4) That prior to final approval, the applicant submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 6) That prior to final approval, the applicant submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. B2018-055 33 Second Avenue Arvind Paul Singh The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling Document Number: 2798486 Version: 1 occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/ sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the Document Number: 2798486 Version: 1 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-056 63 Plymouth Road Bojan Bijelic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 2798486 Version: 1 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 Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Document Number: 2798486 Version: 1 B2018-057 103 Plymouth Road Vuk Vujevic and Dario Kokorovic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will Document Number: 2798486 Version: 1 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 application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-058 379-389/399 Queen Street South Michael Puopolo c/o Polocorp Inc. The owner/applicant is proposing an easement in favour of Barra on Queen Inc. for servicing rights (catch basin). Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-059 and B2018-060 640 and 654 Trillium Drive and 59 McBrine Place FNF Enterprises Inc. The owner/applicant is proposing a severance to create three individual lots as a result of the title of the three properties merging due to a previous amalgamation of the companies holding the real-estate. Community Planning: 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: Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot. B2018-061 859 Courtland Avenue East 2008703 Ontario Limited The owner/applicant is proposing easements for the purpose of access and environmental monitoring in favour of Nike Incorporated for the purpose of facilitating monitoring required by a Record of Site Condition. Corridor Planning: Regional Staff have no concerns with the subject application with the understanding that no changes to the existing access on Courtland Avenue East are required for the proposed access/easement purpose. The owner is advised that: a) A Regional Access Permit will be required for any modification or change of use to the existing access. b) A Region of Waterloo Work Permit must be obtained from the Region prior to commencing any construction within the Regional right-of-way. Please refer to the following website for further guidance: https://rmowroadperm its. mirasan.ca/ Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-062 560-632 Victoria Street North Weston Foods Canada Inc. / GSP Group Inc. The owner/applicant is proposing to a severance to facilitate the redevelopment of the land for commercial purposes. Community Planning: The Region acknowledges receipt of the required Consent Application Review Fee of $350.00. Corridor Planning: Transit Planning: A transit shelter easement measuring 6.0 metres x 1.2 metres beyond the property line will be required as a condition of approval for the subject application. A draft reference plan that specifies the transit shelter easement as a separate part must be prepared by an Ontario Land Surveyor and provided for review by Regional staff prior to depositing the Reference Plan to the Land Registry Office. The owner/applicant must provide a copy of the registered Reference Plan and the owner/applicant's legal representatives must work with Regional Staff to complete the required documentation for the transit shelter easement. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Access.- Once ccess: Once details for the proposed commercial development are available, the accesses for both retained and severed lots may need to be consolidated and redundant accesses may need to be closed. Further details will be determined at future redevelopment stage once detailed plans are available. A Regional access permit along with appropriate application fee will be required for each new, modified, or to be closed access on Victoria Street North (RR #55). Access Permit application form is available at: https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf Any access within permit control area of MTO jurisdiction will be subject to approval by the appropriate MTO authorities. Document Number: 2798486 Version: 1 Transportation Impact Study. A Transportation Impact Study may be required based on the proposed development plans of future commercial development. Environmental Noise. A detailed environmental noise study may be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and rail noise/vibration from Goderich Exeter Railway for any onsite/offsite noise sensitive land uses on the severed lot. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. odf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading: The owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Document Number: 2798486 Version: 1 Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Site Servicing/ Municipal Consent.- Servicing onsent:Servicing plans will require Regional approval through a separate process of Municipal Consent. Work Permit: 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://rmowroadpermits.mirasan.ca/ for further guidance." Water Services: Given the proximity to a 600 mm Ductile Iron regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in Document Number: 2798486 Version: 1 accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval the applicant provide a draft reference plan with the required transit shelter easement to the satisfaction of the Region of Waterloo. 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, 1rk., e� Matthew Colley Planner Document Number: 2798486 Version: 1 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT REPORT #: SUBJECT: First H m ong Mennonite Church 773 Committee of Adjustment J Ki R www.kitchener. ca August 21, 2018 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 9 August 8, 2018 DSD -18-096 APPLICATION #: B2018-057 103 Plymouth Road Applicant: Vuk Vujevic and Dario Kokorovic Approve with conditions Location Map: 103 Plymouth Road I ti Proposed lot fabrics REPORT Planning Comments: The subject property is designated Low Rise Residential in the City's 2014 Official Plan and zoned Residential Six Zone (R-6) in Zoning By-law 85-1. The lands are currently being developed with a semi-detached dwelling. The existing development of the neighbourhood consists of a mix of single detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this nieghbourhood. The Owner is requesting permission to sever the subject lands into two lots to allow separate ownership of each semi-detached unit. The severed lot would have a lot width of 8.37 metres, a depth of 43.49 metres, and an area of 341 square metres. The retained lot would have a lot width of 7.80 metres, a depth of 44.90 metres, and an area of 360 square metres. City Planning staff conducted a site inspection of the property on July 25, 2018. E Existing semi-detached dwelling under construction at 103 Plymouth Road 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 2014 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 B2018-057, 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. 3 Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot — a building permit will be required for this work. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: No concerns Transportation Services Comments: Transportation Services have no concerns with the proposed application. 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. If the buildings have basements and a sump pump is required, a storm outlet will also be required. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate municipal water, storm and sanitary services are currently available to service this property. Each severed lot will require a sanitary, a storm, and a water service. Any further enquiries in this regard should be directed to Engineering Services (519-741-2200). Any new driveways are to be built to City of Kitchener standards. All work 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 land park dedication is required on the severed parcel having 8.382 lineal metres frontage, in the amount $3,588.00 as a new development lot will be created as result of the proposed severance. Parkland dedication is calculated at 5% of the per metre lineal frontage land value for the severed parcel. 0 RECOMMENDATION: That Application B2018-57 requesting consent to sever the subject property into two lots be approved, subject to the following conditions: 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 pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,588.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (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. 4. That the Owner make 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. 5. 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. 6. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. 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. 8. 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. 9. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Craig Dumart, BES, MCIP, RPP Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner A N* Region of Waterloo File No. D20-20/18 KIT August 13, 2018 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 U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2018-048 through B2018-049, B2018-0555 through B2018-062 Committee of Adjustment Hearing August 21, 2018 CITY OF KITCHENER B2018-048 and B2018-049 Weichel St at Victoria St 19171771 Ontario Inc. c/o Scott Murray The owner/applicant is proposing to sever the land and create two new residential lots fronting onto Weichel Street. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Record of Site Condition: The subject property is part of a former (historical) landfill and is identified as a known threat for environmental contamination due to past and existing uses. In accordance with the Region of Waterloo's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites, Document Number: 2798486 Version: 1 a Record of Site Condition (RSC) is required prior to final approval of the consent application. Corridor Planning: Regional Road Dedication A dedicated road widening of 7.62 metres daylight triangle will be required at the northeast corner of Victoria Street South/ Weichel Street. A draft reference plan for the road widening/ daylight triangle will need to be prepared by an Ontario Land Surveyor and must be provided for review by Regional staff, prior to depositing the Reference Plan to Land Registry Office. The owner must provide a copy of registered Reference Plan and owner' s legal representative's contact information who would be required to work with Region's Legal staff to complete the required documentation for the dedicated road widening/ daylight triangle. A Phase I and Phase II Environmental Site Assessment (ESA) is required for the portions of lands to be dedicated to the Region and must be excluded from the RSC for the balance of the lands. Access With the proposed severance plan no severed or retained lots will have access form Victoria Street. The access to all lots will be provided from the adjoining municipal street. Environmental Noise A detailed environmental noise study will be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and Westmount Road West (RR #50). The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured as accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional Document Number: 2798486 Version: 1 expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: //www. reaionofwaterloo. ca/en/I ivina-here/resources/Desian-Standards/Noise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading As a condition of the consent, the owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. Document Number: 2798486 Version: 1 The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Site Servicing/ Municipal Consent: Servicing plans will require Regional approval through a separate process of Municipal Consent. Also any work required within the Region of Waterloo road allowance will require a Regional Work Permit. In this regard the owner/applicant 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. Josh Graham, 519-575-4400 ext 3580 or by email at: JGraham (o�regionofwaterloo.ca Water Services: Given the proximity to a 600 mm PVC regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018 Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 2) That prior to final approval the applicant submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. 3) That prior to final approval, the applicant complete the required road widening dedication. Document Number: 2798486 Version: 1 4) That prior to final approval, the applicant submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 6) That prior to final approval, the applicant submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. B2018-055 33 Second Avenue Arvind Paul Singh The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling Document Number: 2798486 Version: 1 occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/ sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the Document Number: 2798486 Version: 1 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-056 63 Plymouth Road Bojan Bijelic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 2798486 Version: 1 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 Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Document Number: 2798486 Version: 1 B2018-057 103 Plymouth Road Vuk Vujevic and Dario Kokorovic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will Document Number: 2798486 Version: 1 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 application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-058 379-389/399 Queen Street South Michael Puopolo c/o Polocorp Inc. The owner/applicant is proposing an easement in favour of Barra on Queen Inc. for servicing rights (catch basin). Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-059 and B2018-060 640 and 654 Trillium Drive and 59 McBrine Place FNF Enterprises Inc. The owner/applicant is proposing a severance to create three individual lots as a result of the title of the three properties merging due to a previous amalgamation of the companies holding the real-estate. Community Planning: 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: Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot. B2018-061 859 Courtland Avenue East 2008703 Ontario Limited The owner/applicant is proposing easements for the purpose of access and environmental monitoring in favour of Nike Incorporated for the purpose of facilitating monitoring required by a Record of Site Condition. Corridor Planning: Regional Staff have no concerns with the subject application with the understanding that no changes to the existing access on Courtland Avenue East are required for the proposed access/easement purpose. The owner is advised that: a) A Regional Access Permit will be required for any modification or change of use to the existing access. b) A Region of Waterloo Work Permit must be obtained from the Region prior to commencing any construction within the Regional right-of-way. Please refer to the following website for further guidance: https://rmowroadperm its. mirasan.ca/ Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-062 560-632 Victoria Street North Weston Foods Canada Inc. / GSP Group Inc. The owner/applicant is proposing to a severance to facilitate the redevelopment of the land for commercial purposes. Community Planning: The Region acknowledges receipt of the required Consent Application Review Fee of $350.00. Corridor Planning: Transit Planning: A transit shelter easement measuring 6.0 metres x 1.2 metres beyond the property line will be required as a condition of approval for the subject application. A draft reference plan that specifies the transit shelter easement as a separate part must be prepared by an Ontario Land Surveyor and provided for review by Regional staff prior to depositing the Reference Plan to the Land Registry Office. The owner/applicant must provide a copy of the registered Reference Plan and the owner/applicant's legal representatives must work with Regional Staff to complete the required documentation for the transit shelter easement. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Access.- Once ccess: Once details for the proposed commercial development are available, the accesses for both retained and severed lots may need to be consolidated and redundant accesses may need to be closed. Further details will be determined at future redevelopment stage once detailed plans are available. A Regional access permit along with appropriate application fee will be required for each new, modified, or to be closed access on Victoria Street North (RR #55). Access Permit application form is available at: https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf Any access within permit control area of MTO jurisdiction will be subject to approval by the appropriate MTO authorities. Document Number: 2798486 Version: 1 Transportation Impact Study. A Transportation Impact Study may be required based on the proposed development plans of future commercial development. Environmental Noise. A detailed environmental noise study may be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and rail noise/vibration from Goderich Exeter Railway for any onsite/offsite noise sensitive land uses on the severed lot. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. odf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading: The owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Document Number: 2798486 Version: 1 Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Site Servicing/ Municipal Consent.- Servicing onsent:Servicing plans will require Regional approval through a separate process of Municipal Consent. Work Permit: 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://rmowroadpermits.mirasan.ca/ for further guidance." Water Services: Given the proximity to a 600 mm Ductile Iron regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in Document Number: 2798486 Version: 1 accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval the applicant provide a draft reference plan with the required transit shelter easement to the satisfaction of the Region of Waterloo. 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, 1rk., e� Matthew Colley Planner Document Number: 2798486 Version: 1 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Staff Repoil Knta n_vF,R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 21, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner - 519-741-2200 ext. 7070 WARD: 9 DATE OF REPORT: August 14, 2018 REPORT NUMBER: DSD -18-097 SUBJECT: Application B2018-058 399 Queen St. S. & 168, 170, 172, 174, 176, 179 & 180 Benton St. Barra On Queen Inc. Approve with conditions / is Green 25 /`.... �•\ f, /148 460 i 389 373 - \ i' i I / _ 152 \ y 39 \ \ / VIF/ r .399 419 156 ' /�� 145 -029` m J 147 \\ 411 ° 465. r� ns e��a � i tsa 149 Has \`462 „ 7L�r 10 154 Q S' �i = 14 151 0 158 157 2Q 159 474 f `� �(((\\\f 1710 24 172 J 484 J i; 17 tst 10- 175 163 14 Q 178 / 479 21 �t6 18 155 9 27 180 O 489 \ \\ I•Aike Wagner Green (Mill 15 St) O 17 •'47, f 184 Subject Properties Background On November 21, 2017, the Committee of Adjustment approved Severance application 62017- 033 to sever lands addressed as 399 Queen Street South (which had merged with 168 Benton Street) from lands addressed as 379-389 Queen Street South, and to add the severed lands with 170-172, 176, and 180 Benton Street. Staff Repoil Development Services Department l K, .yFN www.kitchener. ca On December 12, 2017, the Committee of Adjustment approved Severance application 62017- 049 for a below grade severance of a portion of 379-389 Queen Street South to be consolidated with lands addressed as 399 Queen Street South and 168, 170, 172, 174, 176, 179 & 180 Benton Street for the purpose of an underground parking structure, along with an easement over the below grade severed lands in favour of 399 Queen Street South and 168, 170, 172, 174, 176, 179 & 180 Benton Street for the purpose of access and maintenance of the underground parking structure on the retained lands. A site inspection was conducted on August 14, 2018. Subject Area of Proposed Easement (Underground Parking Area Excavated) Report: This application is similar to the easement approved under application B2017-049 for access and maintenance, however the current application additionally proposes servicing right for storm water Staff Repoil Development Services Department 1 Kioci ii.NFR wwwkitch ever. ca management and catch basins over the below grade severed lands in favour 399 Queen Street South and 168, 170, 172, 174, 176, 179 & 180 Benton Street. The proposed easement is approximately 11.18 metres wide with a length of 36.16 metres deep and a total area of 404.26 square metres. Planning Comments: The subject lands are within the Mill Courtland -Woodside Park Secondary Plan and are designated as Mixed Use Corridor, Open Space, and Medium Density Commercial Residential. Multiple dwellings are a permitted use with a maximum Floor Space Ratio of 2.0. Special Policy Area #58 in the City's Official provides the interim policy direction for how development applications will be evaluated until such time as the City completes the secondary plan review, including implementation of the Planning Around Rapid Transit Study (PARTS) Central Station recommendations. As mentioned above, the subject property is located within the Mill Courtland Woodside Park Secondary Plan. The land use policies and zoning for the property and area are subject to change through an upcoming neighbourhood planning review. The City has already began a review of part of the Mill Courtland Woodside Park Secondary Plan, but it did not include the portion of the Mill Courtland Woodside Park area where the subject property is located. As part of this review, the City will be proceeding with the next step of the cultural heritage landscape conservation process. 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 proposed easement is desirable and appropriate. The size, dimensions and shape of the proposed easement is suitable for the use of the lands. The lands (399 Queen Street South and 168, 170, 172, 174, 176, 179 & 180 Benton Street) have been comprehensively planned to be redeveloped with a multiple dwelling building, which is under construction. 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. Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: The Engineering -approved plans for SP17/015/Q/GS do not show a catch basin located in Part 2. The owner is required to provide updated plans to Engineering for review and approval, prior to approval of consent. Staff Repoil Development Services Department Operations Comments: 1 Ki NER wwwkitch ever. ca Park land dedication will not be required on the severed parcel, as no new development lot will be created as a result of the severance. Heritage Comments: Given that the proposed consent application is to create a servicing easement, Heritage Planning staff has no concerns with the subject application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by the Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed 389 and 399 Queen Street South is advised that the property is located within the Victoria Park Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. The subject property is located within the Victoria Park Area Heritage Conservation District (HCD) which is designated under Part V of the Ontario Heritage Act. Based on the nature of the proposal, a Heritage Permit Application is not required and as such Heritage Staff has no concerns with the proposed creation of an easement in favour of Barra Castle for servicing. Environmental Planning Comments: Environmental Planning Staff has no comments on the proposed application. Tree management and storm water management issues are addressed as part of the site plan approval process. RECOMMENDATION: That Application B2018-058 requesting an requesting an easement that is 11.18 metres wide with a length of 36.16 metres deep and a total area of 404.26 square metres, be approved subject to the following conditions; 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 Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or Staff Repoil Development Services Department 1 Kj NER wwwkitch ever. ca conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity. 3. That an updated Storm Water Servicing Plan be submitted and approved by the City's Director of Engineering showing the location of the catch basins. Garett Stevenson, BES, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner N* Region of Waterloo File No. D20-20/18 KIT August 13, 2018 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 U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2018-048 through B2018-049, B2018-0555 through B2018-062 Committee of Adjustment Hearing August 21, 2018 CITY OF KITCHENER B2018-048 and B2018-049 Weichel St at Victoria St 19171771 Ontario Inc. c/o Scott Murray The owner/applicant is proposing to sever the land and create two new residential lots fronting onto Weichel Street. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Record of Site Condition: The subject property is part of a former (historical) landfill and is identified as a known threat for environmental contamination due to past and existing uses. In accordance with the Region of Waterloo's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites, Document Number: 2798486 Version: 1 a Record of Site Condition (RSC) is required prior to final approval of the consent application. Corridor Planning: Regional Road Dedication A dedicated road widening of 7.62 metres daylight triangle will be required at the northeast corner of Victoria Street South/ Weichel Street. A draft reference plan for the road widening/ daylight triangle will need to be prepared by an Ontario Land Surveyor and must be provided for review by Regional staff, prior to depositing the Reference Plan to Land Registry Office. The owner must provide a copy of registered Reference Plan and owner' s legal representative's contact information who would be required to work with Region's Legal staff to complete the required documentation for the dedicated road widening/ daylight triangle. A Phase I and Phase II Environmental Site Assessment (ESA) is required for the portions of lands to be dedicated to the Region and must be excluded from the RSC for the balance of the lands. Access With the proposed severance plan no severed or retained lots will have access form Victoria Street. The access to all lots will be provided from the adjoining municipal street. Environmental Noise A detailed environmental noise study will be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and Westmount Road West (RR #50). The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured as accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional Document Number: 2798486 Version: 1 expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: //www. reaionofwaterloo. ca/en/I ivina-here/resources/Desian-Standards/Noise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading As a condition of the consent, the owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. Document Number: 2798486 Version: 1 The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Site Servicing/ Municipal Consent: Servicing plans will require Regional approval through a separate process of Municipal Consent. Also any work required within the Region of Waterloo road allowance will require a Regional Work Permit. In this regard the owner/applicant 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. Josh Graham, 519-575-4400 ext 3580 or by email at: JGraham (o�regionofwaterloo.ca Water Services: Given the proximity to a 600 mm PVC regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018 Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 2) That prior to final approval the applicant submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. 3) That prior to final approval, the applicant complete the required road widening dedication. Document Number: 2798486 Version: 1 4) That prior to final approval, the applicant submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 6) That prior to final approval, the applicant submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. B2018-055 33 Second Avenue Arvind Paul Singh The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling Document Number: 2798486 Version: 1 occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/ sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the Document Number: 2798486 Version: 1 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-056 63 Plymouth Road Bojan Bijelic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 2798486 Version: 1 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 Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Document Number: 2798486 Version: 1 B2018-057 103 Plymouth Road Vuk Vujevic and Dario Kokorovic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will Document Number: 2798486 Version: 1 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 application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-058 379-389/399 Queen Street South Michael Puopolo c/o Polocorp Inc. The owner/applicant is proposing an easement in favour of Barra on Queen Inc. for servicing rights (catch basin). Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-059 and B2018-060 640 and 654 Trillium Drive and 59 McBrine Place FNF Enterprises Inc. The owner/applicant is proposing a severance to create three individual lots as a result of the title of the three properties merging due to a previous amalgamation of the companies holding the real-estate. Community Planning: 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: Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot. B2018-061 859 Courtland Avenue East 2008703 Ontario Limited The owner/applicant is proposing easements for the purpose of access and environmental monitoring in favour of Nike Incorporated for the purpose of facilitating monitoring required by a Record of Site Condition. Corridor Planning: Regional Staff have no concerns with the subject application with the understanding that no changes to the existing access on Courtland Avenue East are required for the proposed access/easement purpose. The owner is advised that: a) A Regional Access Permit will be required for any modification or change of use to the existing access. b) A Region of Waterloo Work Permit must be obtained from the Region prior to commencing any construction within the Regional right-of-way. Please refer to the following website for further guidance: https://rmowroadperm its. mirasan.ca/ Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-062 560-632 Victoria Street North Weston Foods Canada Inc. / GSP Group Inc. The owner/applicant is proposing to a severance to facilitate the redevelopment of the land for commercial purposes. Community Planning: The Region acknowledges receipt of the required Consent Application Review Fee of $350.00. Corridor Planning: Transit Planning: A transit shelter easement measuring 6.0 metres x 1.2 metres beyond the property line will be required as a condition of approval for the subject application. A draft reference plan that specifies the transit shelter easement as a separate part must be prepared by an Ontario Land Surveyor and provided for review by Regional staff prior to depositing the Reference Plan to the Land Registry Office. The owner/applicant must provide a copy of the registered Reference Plan and the owner/applicant's legal representatives must work with Regional Staff to complete the required documentation for the transit shelter easement. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Access.- Once ccess: Once details for the proposed commercial development are available, the accesses for both retained and severed lots may need to be consolidated and redundant accesses may need to be closed. Further details will be determined at future redevelopment stage once detailed plans are available. A Regional access permit along with appropriate application fee will be required for each new, modified, or to be closed access on Victoria Street North (RR #55). Access Permit application form is available at: https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf Any access within permit control area of MTO jurisdiction will be subject to approval by the appropriate MTO authorities. Document Number: 2798486 Version: 1 Transportation Impact Study. A Transportation Impact Study may be required based on the proposed development plans of future commercial development. Environmental Noise. A detailed environmental noise study may be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and rail noise/vibration from Goderich Exeter Railway for any onsite/offsite noise sensitive land uses on the severed lot. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. odf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading: The owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Document Number: 2798486 Version: 1 Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Site Servicing/ Municipal Consent.- Servicing onsent:Servicing plans will require Regional approval through a separate process of Municipal Consent. Work Permit: 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://rmowroadpermits.mirasan.ca/ for further guidance." Water Services: Given the proximity to a 600 mm Ductile Iron regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in Document Number: 2798486 Version: 1 accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval the applicant provide a draft reference plan with the required transit shelter easement to the satisfaction of the Region of Waterloo. 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, 1rk., e� Matthew Colley Planner Document Number: 2798486 Version: 1 J Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2763 ext.2319 Fax: (519) 621-4945 E-mail: thughes@grandriver.ca DATE: August 13, 2018 YOUR FILE: B 2018-058 — 379-389/399 Queen Street South GRCA FILE: B2018-058 - 379-399 Queen St S RE: Application for Consent B2018-058 379-389 and 399 Queen Street South, City of Kitchener Michael Puopolo c/o Polocorp Inc. and Barra on Queen Inc. GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above noted consent application. Please see our detailed comments below. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that a portion of 399 Queen Street South is regulated due to the flood fringe of Schneider Creek, and the associated allowance to this feature. 2. Legislative/Policy Requirements and Implications Due to the above noted feature, a portion of the subject lands is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. It is our understanding that this severance is to add a catchbasin as part of the easement for servicing on a portion of 379-389 Queen Street South. We have no objection to this proposed severance as shown on the Plan of Survey prepared by ACI (dated April 3, 2018), as the portion of the properties for the easement is outside of the GRCA regulated area. Please note that we have previously issued permit #803/17 to construct a multi -unit residential building, driveway, parking, retaining walls and servicing for the properties at 399-411 Queen Street South, 168, 170-172, and 180 Benton Street in Kitchener. 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; however, we have recently reviewed a similar consent application B2017-033 and site plan application SP17/015/Q/GS and will not charge an additional plan review fee for this severance application. Pagel of 2 We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, dell 41 l Trisha Hughes Resource Planner Grand River Conservation Authority C.C. Michael Puopolo c/o Polocorp Inc. and Barra on Queen Inc., 379 Queen Street South, Kitchener, ON N2G 1W6 Polocorp Inc. c/o Amanda Stellings, 379 Queen Street South, Kitchener, ON N2G 1W6 * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority. Page 2 of 2 Staff Report --- Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 21, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Planner — 519-741-2200 ext. 7869 WARD: 5 DATE OF REPORT: August 8, 2018 REPORT #: DSD -18-098 SUBJECT: B2018-059 and B2018-060 — 640, 645 Trillium Drive & 95 McBrine Place Applicant — Scott Patterson (Labreche Patterson & Associates) Owner- FNF Enterprises Inc. Approve Subject to Conditions 71 Wubp—ctProperties [7 Hll F:.:"'N FA. F:. R:. R °tRlL�-1l1�pR Aerial View of Subject Properties *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject properties are addressed as 640, 645 Trillium Drive and 95 McBrine Place and located in the Huron Business Park. These lands comprise two existing industrial/commercial buildings situated on 640 and 645 Trillium Drive and a surface parking lot on 95 McBrine Place. Staff visited the site on August 13, 2018. Up until 2014 these properties were under separate title under the ownership of M&M Meats. Through a corporate amalgamation the properties have now merged.. FNF Enterprises Inc. has recently acquired the lands and wishes to re-create three lots (2 severed, 1 retained) in order to separate title and re- establish the three individual properties, as they are currently addressed. Presently, the buildings are vacant and the owner is unsure what future plans are being contemplated for these lands. Staff and the applicant acknowledge that any plans which may involve selling an individual parcel will require further Planning/Committee of Adjustment permissions, such as revisions to site plan agreements and/or access and/or parking agreements. 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 severances conforms to the City's Official Plan. The dimensions and shapes of both the severed and retained lands conform to the zoning regulations and are appropriate and suitable for the existing buildings and the future development of the severed lot. The lands front on established public streets, and each parcel 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. Based on the foregoing, Planning staff recommends that Consent Application B2018-059 and B2018- 060 requesting consent to create two lots and retain one lot 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 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. Operations Comments: A cash -in -lieu of land park dedication is not required, as the intent of the application is to legally sever these lots that have merged on title. Transportation Comments: Transportation Services has no concerns with the proposed application subject to the following conditions: Future sidewalks are required on Trillium Drive and McBrine Place only along the frontage of the severed portion of lands. The applicant should pay the equivalent fee of the required sidewalk. It is recognized that there are internal access connections between the properties. Should the owner wish to sell the properties, shared access agreements and/or site plan changes would be required. Engineering Comments: Each of the severed and retained properties appear to have separate water and sanitary servicing therefore Engineering has no concerns RECOMMENDATION That applications B 2108-059 and B2018-060 be approved subject to the following conditions: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 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. 4. That the owner makes satisfactory arrangements with the Director of Transportation for payment towards future sidewalk installation proposed along Trillium Drive and McBrine Place. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner N* Region of Waterloo File No. D20-20/18 KIT August 13, 2018 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 U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2018-048 through B2018-049, B2018-0555 through B2018-062 Committee of Adjustment Hearing August 21, 2018 CITY OF KITCHENER B2018-048 and B2018-049 Weichel St at Victoria St 19171771 Ontario Inc. c/o Scott Murray The owner/applicant is proposing to sever the land and create two new residential lots fronting onto Weichel Street. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Record of Site Condition: The subject property is part of a former (historical) landfill and is identified as a known threat for environmental contamination due to past and existing uses. In accordance with the Region of Waterloo's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites, Document Number: 2798486 Version: 1 a Record of Site Condition (RSC) is required prior to final approval of the consent application. Corridor Planning: Regional Road Dedication A dedicated road widening of 7.62 metres daylight triangle will be required at the northeast corner of Victoria Street South/ Weichel Street. A draft reference plan for the road widening/ daylight triangle will need to be prepared by an Ontario Land Surveyor and must be provided for review by Regional staff, prior to depositing the Reference Plan to Land Registry Office. The owner must provide a copy of registered Reference Plan and owner' s legal representative's contact information who would be required to work with Region's Legal staff to complete the required documentation for the dedicated road widening/ daylight triangle. A Phase I and Phase II Environmental Site Assessment (ESA) is required for the portions of lands to be dedicated to the Region and must be excluded from the RSC for the balance of the lands. Access With the proposed severance plan no severed or retained lots will have access form Victoria Street. The access to all lots will be provided from the adjoining municipal street. Environmental Noise A detailed environmental noise study will be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and Westmount Road West (RR #50). The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured as accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional Document Number: 2798486 Version: 1 expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: //www. reaionofwaterloo. ca/en/I ivina-here/resources/Desian-Standards/Noise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading As a condition of the consent, the owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. Document Number: 2798486 Version: 1 The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Site Servicing/ Municipal Consent: Servicing plans will require Regional approval through a separate process of Municipal Consent. Also any work required within the Region of Waterloo road allowance will require a Regional Work Permit. In this regard the owner/applicant 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. Josh Graham, 519-575-4400 ext 3580 or by email at: JGraham (o�regionofwaterloo.ca Water Services: Given the proximity to a 600 mm PVC regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018 Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 2) That prior to final approval the applicant submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. 3) That prior to final approval, the applicant complete the required road widening dedication. Document Number: 2798486 Version: 1 4) That prior to final approval, the applicant submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 6) That prior to final approval, the applicant submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. B2018-055 33 Second Avenue Arvind Paul Singh The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling Document Number: 2798486 Version: 1 occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/ sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the Document Number: 2798486 Version: 1 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-056 63 Plymouth Road Bojan Bijelic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 2798486 Version: 1 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 Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Document Number: 2798486 Version: 1 B2018-057 103 Plymouth Road Vuk Vujevic and Dario Kokorovic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will Document Number: 2798486 Version: 1 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 application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-058 379-389/399 Queen Street South Michael Puopolo c/o Polocorp Inc. The owner/applicant is proposing an easement in favour of Barra on Queen Inc. for servicing rights (catch basin). Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-059 and B2018-060 640 and 654 Trillium Drive and 59 McBrine Place FNF Enterprises Inc. The owner/applicant is proposing a severance to create three individual lots as a result of the title of the three properties merging due to a previous amalgamation of the companies holding the real-estate. Community Planning: 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: Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot. B2018-061 859 Courtland Avenue East 2008703 Ontario Limited The owner/applicant is proposing easements for the purpose of access and environmental monitoring in favour of Nike Incorporated for the purpose of facilitating monitoring required by a Record of Site Condition. Corridor Planning: Regional Staff have no concerns with the subject application with the understanding that no changes to the existing access on Courtland Avenue East are required for the proposed access/easement purpose. The owner is advised that: a) A Regional Access Permit will be required for any modification or change of use to the existing access. b) A Region of Waterloo Work Permit must be obtained from the Region prior to commencing any construction within the Regional right-of-way. Please refer to the following website for further guidance: https://rmowroadperm its. mirasan.ca/ Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-062 560-632 Victoria Street North Weston Foods Canada Inc. / GSP Group Inc. The owner/applicant is proposing to a severance to facilitate the redevelopment of the land for commercial purposes. Community Planning: The Region acknowledges receipt of the required Consent Application Review Fee of $350.00. Corridor Planning: Transit Planning: A transit shelter easement measuring 6.0 metres x 1.2 metres beyond the property line will be required as a condition of approval for the subject application. A draft reference plan that specifies the transit shelter easement as a separate part must be prepared by an Ontario Land Surveyor and provided for review by Regional staff prior to depositing the Reference Plan to the Land Registry Office. The owner/applicant must provide a copy of the registered Reference Plan and the owner/applicant's legal representatives must work with Regional Staff to complete the required documentation for the transit shelter easement. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Access.- Once ccess: Once details for the proposed commercial development are available, the accesses for both retained and severed lots may need to be consolidated and redundant accesses may need to be closed. Further details will be determined at future redevelopment stage once detailed plans are available. A Regional access permit along with appropriate application fee will be required for each new, modified, or to be closed access on Victoria Street North (RR #55). Access Permit application form is available at: https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf Any access within permit control area of MTO jurisdiction will be subject to approval by the appropriate MTO authorities. Document Number: 2798486 Version: 1 Transportation Impact Study. A Transportation Impact Study may be required based on the proposed development plans of future commercial development. Environmental Noise. A detailed environmental noise study may be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and rail noise/vibration from Goderich Exeter Railway for any onsite/offsite noise sensitive land uses on the severed lot. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. odf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading: The owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Document Number: 2798486 Version: 1 Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Site Servicing/ Municipal Consent.- Servicing onsent:Servicing plans will require Regional approval through a separate process of Municipal Consent. Work Permit: 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://rmowroadpermits.mirasan.ca/ for further guidance." Water Services: Given the proximity to a 600 mm Ductile Iron regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in Document Number: 2798486 Version: 1 accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval the applicant provide a draft reference plan with the required transit shelter easement to the satisfaction of the Region of Waterloo. 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, 1rk., e� Matthew Colley Planner Document Number: 2798486 Version: 1 P1 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2319 Fax: (519) 621-4945 E-mail: thughes@grandriver.ca DATE: YOUR FILE: GRCA FILE: August 13, 2018 B 2018-059 — 640 and 654 Trillium B2018-059-060 — 640 and 654 Drive and 95 McBrine Place Trillium Dr and 95 McBrine PI B 2018-060 — 640 and 654 Trillium Drive and 95 McBrine Place RE: Applications for Consent B 2018-059 and B 2018-060 640 and 654 Trillium Drive and 95 McBrine Place, City of Kitchener FNF Enterprises Inc. GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above noted consent applications. Please see our detailed comments below. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the majority of 95 McBrine Place and 654 Trillium Drive, and a small portion of 640 Trillium Drive are regulated due to the allowances associated with floodplain and the Provincially Significant Strasburg Creek Wetland Complex. 2. Legislative/Policy Requirements and Implications: Due to the above features, a portion of the properties are regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. It is our understanding that the applicant is proposing to sever lands that have merged on title. GRCA has no objection to the proposed severance applications as no new development is being proposed at this time and the severances are located within the allowances and not through the wetland or floodplain. As these properties contain GRCA regulated area, GRCA staff will participate in the review of future applications on these properties. Please note that any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. 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. Pagel of 2 We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, - col risha Hughes Resource Planner Grand River Conservation Authority cc: FNF Enterprises Inc., 205 Royal Oak Road, RR #1, Cambridge, ON N3E OA4 Labreche Patterson & Associates Inc. c/o Scott Patterson, 330 Trillium Dr, 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 Page 2 of 2 Staff Report ITCHE I�T� R Community Services Department www kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: August 21, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext. 7987 WARD: 3 DATE OF REPORT: August 3, 2018 REPORT #: DSD -18-100 SUBJECT: B2018-061 — 859 Courtland Avenue East Owner: 2008703 Ontario Limited Approve with Conditions .� rl.: _� 5_1whk4� r✓ � ,�� rJi hildren'_S ;ger iu=��il lir'Je- r �± Subject Lands: 859 Courtland Avenue East *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. s4 REPORT Photo 1: 859 Courtland Ave (August 3, 2018) Planning Comments: The subject property is located at 859 Courtland Avenue East and contains an industrial use. The proposed easements are intended to allow Nike, Inc. to comply with its obligations under MOECC Order number 6345-7Q9PSB relating to the adjacent property at 135 Hayward Avenue. The proposed remediation easement in favour of Nike, Inc. is intended to permit access to the property for installing and maintaining installations as required by the MOECC, including but not limited to monitoring wells. The proposed access easement aligns with the current driveway location and staff is of the opinion that this will continue to be an appropriate place for long-term access to the lands subject to remediation. 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 of the proposed easements are suitable for the purposes for which they are being created, and are desirable and appropriate in order to allow for the orderly development of lands. It is the opinion of staff that the proposed consent 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 this application be approved subject to the conditions outlined in the Recommendations section of this report. Building Comments: The Building Division has no objections to the proposed consent. Transportation Services Comments: Transportation Services has no objections to the proposed consent. Engineering Comments: No Concerns. The owner is advised that there is an existing easement on the north flankage of the property that contains deep services and which should be protected during site monitoring. RECOMMENDATION: That application B2018-061 requesting consent for easements over 859 Courtland Avenue East in favour Nike, Inc., having dimensions as shown on the severance plan submitted in support of the applications, 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 to the satisfaction of the City's Revenue Division. 2. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (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 Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easements being granted shall be maintained and registered on title in perpetuity. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner N* Region of Waterloo File No. D20-20/18 KIT August 13, 2018 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 U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2018-048 through B2018-049, B2018-0555 through B2018-062 Committee of Adjustment Hearing August 21, 2018 CITY OF KITCHENER B2018-048 and B2018-049 Weichel St at Victoria St 19171771 Ontario Inc. c/o Scott Murray The owner/applicant is proposing to sever the land and create two new residential lots fronting onto Weichel Street. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Record of Site Condition: The subject property is part of a former (historical) landfill and is identified as a known threat for environmental contamination due to past and existing uses. In accordance with the Region of Waterloo's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites, Document Number: 2798486 Version: 1 a Record of Site Condition (RSC) is required prior to final approval of the consent application. Corridor Planning: Regional Road Dedication A dedicated road widening of 7.62 metres daylight triangle will be required at the northeast corner of Victoria Street South/ Weichel Street. A draft reference plan for the road widening/ daylight triangle will need to be prepared by an Ontario Land Surveyor and must be provided for review by Regional staff, prior to depositing the Reference Plan to Land Registry Office. The owner must provide a copy of registered Reference Plan and owner' s legal representative's contact information who would be required to work with Region's Legal staff to complete the required documentation for the dedicated road widening/ daylight triangle. A Phase I and Phase II Environmental Site Assessment (ESA) is required for the portions of lands to be dedicated to the Region and must be excluded from the RSC for the balance of the lands. Access With the proposed severance plan no severed or retained lots will have access form Victoria Street. The access to all lots will be provided from the adjoining municipal street. Environmental Noise A detailed environmental noise study will be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and Westmount Road West (RR #50). The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured as accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional Document Number: 2798486 Version: 1 expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: //www. reaionofwaterloo. ca/en/I ivina-here/resources/Desian-Standards/Noise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading As a condition of the consent, the owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. Document Number: 2798486 Version: 1 The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Site Servicing/ Municipal Consent: Servicing plans will require Regional approval through a separate process of Municipal Consent. Also any work required within the Region of Waterloo road allowance will require a Regional Work Permit. In this regard the owner/applicant 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. Josh Graham, 519-575-4400 ext 3580 or by email at: JGraham (o�regionofwaterloo.ca Water Services: Given the proximity to a 600 mm PVC regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018 Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 2) That prior to final approval the applicant submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. 3) That prior to final approval, the applicant complete the required road widening dedication. Document Number: 2798486 Version: 1 4) That prior to final approval, the applicant submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 6) That prior to final approval, the applicant submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. B2018-055 33 Second Avenue Arvind Paul Singh The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling Document Number: 2798486 Version: 1 occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/ sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the Document Number: 2798486 Version: 1 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-056 63 Plymouth Road Bojan Bijelic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 2798486 Version: 1 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 Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Document Number: 2798486 Version: 1 B2018-057 103 Plymouth Road Vuk Vujevic and Dario Kokorovic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will Document Number: 2798486 Version: 1 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 application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-058 379-389/399 Queen Street South Michael Puopolo c/o Polocorp Inc. The owner/applicant is proposing an easement in favour of Barra on Queen Inc. for servicing rights (catch basin). Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-059 and B2018-060 640 and 654 Trillium Drive and 59 McBrine Place FNF Enterprises Inc. The owner/applicant is proposing a severance to create three individual lots as a result of the title of the three properties merging due to a previous amalgamation of the companies holding the real-estate. Community Planning: 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: Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot. B2018-061 859 Courtland Avenue East 2008703 Ontario Limited The owner/applicant is proposing easements for the purpose of access and environmental monitoring in favour of Nike Incorporated for the purpose of facilitating monitoring required by a Record of Site Condition. Corridor Planning: Regional Staff have no concerns with the subject application with the understanding that no changes to the existing access on Courtland Avenue East are required for the proposed access/easement purpose. The owner is advised that: a) A Regional Access Permit will be required for any modification or change of use to the existing access. b) A Region of Waterloo Work Permit must be obtained from the Region prior to commencing any construction within the Regional right-of-way. Please refer to the following website for further guidance: https://rmowroadperm its. mirasan.ca/ Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-062 560-632 Victoria Street North Weston Foods Canada Inc. / GSP Group Inc. The owner/applicant is proposing to a severance to facilitate the redevelopment of the land for commercial purposes. Community Planning: The Region acknowledges receipt of the required Consent Application Review Fee of $350.00. Corridor Planning: Transit Planning: A transit shelter easement measuring 6.0 metres x 1.2 metres beyond the property line will be required as a condition of approval for the subject application. A draft reference plan that specifies the transit shelter easement as a separate part must be prepared by an Ontario Land Surveyor and provided for review by Regional staff prior to depositing the Reference Plan to the Land Registry Office. The owner/applicant must provide a copy of the registered Reference Plan and the owner/applicant's legal representatives must work with Regional Staff to complete the required documentation for the transit shelter easement. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Access.- Once ccess: Once details for the proposed commercial development are available, the accesses for both retained and severed lots may need to be consolidated and redundant accesses may need to be closed. Further details will be determined at future redevelopment stage once detailed plans are available. A Regional access permit along with appropriate application fee will be required for each new, modified, or to be closed access on Victoria Street North (RR #55). Access Permit application form is available at: https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf Any access within permit control area of MTO jurisdiction will be subject to approval by the appropriate MTO authorities. Document Number: 2798486 Version: 1 Transportation Impact Study. A Transportation Impact Study may be required based on the proposed development plans of future commercial development. Environmental Noise. A detailed environmental noise study may be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and rail noise/vibration from Goderich Exeter Railway for any onsite/offsite noise sensitive land uses on the severed lot. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. odf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading: The owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Document Number: 2798486 Version: 1 Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Site Servicing/ Municipal Consent.- Servicing onsent:Servicing plans will require Regional approval through a separate process of Municipal Consent. Work Permit: 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://rmowroadpermits.mirasan.ca/ for further guidance." Water Services: Given the proximity to a 600 mm Ductile Iron regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in Document Number: 2798486 Version: 1 accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval the applicant provide a draft reference plan with the required transit shelter easement to the satisfaction of the Region of Waterloo. 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, 1rk., e� Matthew Colley Planner Document Number: 2798486 Version: 1 P1 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2319 Fax: (519) 621-4945 E-mail: thughes@grandriver.ca DATE: YOUR FILE: GRCA FILE: August 13, 2018 B 2018-061 - 859 Courtland Ave E. B2018-061 - 859 Courtland Ave E RE: Application for Consent B2018-061 859 Courtland Avenue East, City of Kitchener 2008703 Ontario Limited GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above noted consent application. Please see our detailed comments below. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the majority of the property is regulated due to the floodplain of Schneider Creek, slope valley hazards and the associated allowances to these features. 2. Legislative/Policy Requirements and Implications: Due to the above features, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. It is our understanding that the applicant is proposing an easement on the property for access and environmental monitoring required for a Record of Site Condition. As no new development is being proposed and the property boundaries are not being changed, we have no objection to the proposed easement shown on the sketch prepared by MTE and OLS Ltd. (dated July 12, 2018). As this property contains GRCA regulated area, GRCA staff will participate in the review of future applications on this property. Please note that any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. 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. We can acknowledge receipt of the Minor consent application fee in the amount of $400. We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Pagel of 2 Sincerely, elk 4/i-pt7l Trisha Hughes Resource Planner Grand River Conservation Authority cc: 2008703 Ontario Limited, 46 Roehampton Court, Kitchener, ON N2A 31-1 GSP Group c/o Heather Price, 72 Victoria Ave, Kitchener, ON N2G 4Y9 * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Page 2 of 2 Staff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT REPORT #: SUBJECT: 40 RE O Committee of Adjustment 1 K` R www.kitchener. ca August 21, 2018 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 10 August 8, 2018 DSD -18-101 APPLICATION #: B2018-062 560-632 Victoria Street North Owner: Weston Foods Canada Inc. Applicant: GSP Group Approve with conditions 560 i 632 Subject Property N 001, 607, 5 (13 16 1 , Location Map: 560-632 Victoria Street North 666 I� 38 34 30 26 Proposed lot fabrics REPORT Planning Comments: The subject property is municipally addressed as 560 and 632 Victoria Street North. The property is currently developed with a bread manufacturing facility and warehouse with an accessory free standing outlet store. The property is zoned C-6 (Arterial Commercial Zone) with Special Use Provision 3U in the Zoning By-law and designated Arterial Commercial Corridor the Central Frederick Neighbourhood Secondary Plan. The applicant is requesting consent to sever the subject property into two lots to allow for future development on the severed lands. The severed lot would have a frontage of 136.2 metres, a depth of 61.7 metres and an area of 9300 square metres, while the retained lot would have a frontage of 295.2 metres, depth of 50.33 metres and an area of 16100 square metres. A Site Visit was undertaken on July 20, 2018. E Existing Manufacturing Facility at 530-632 Victoria Street North 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, both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law 85-1. Planning staff is of the opinion that the proposal conforms with the regulations of the Arterial Commercial Zone and Special Use Provision 3U which permits the manufacturing use. The proposed severance conforms to the City's Official Plan and that the configuration of the proposed lots can be considered appropriate for the use of the lands. The proposed severance is required to create separate lots to allow future redevelopment on the severed lands while the retained lands will continue to operate as manufacturing facility. Based on the foregoing, Planning staff recommends that Consent Application B2018-062, requesting consent to sever the subject property into two lots 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 application. Heritage Comments: Note that the subject property is located within the Central Frederick Secondary Plan. The applicant should be aware that the land use policies and zoning for the property and area are subject to change through an upcoming neighbourhood planning review (to stay informed, 3 subscribe to https://www.kitchener.ca/en/city-services/neighbourhood-planning-reviews.aspx). As part of this review, the City will be proceeding with the next step of the cultural heritage landscape conservation process. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by the Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the property municipally addressed 560-632 Victoria Street North is advised that the property is adjacent to the Canadian National Railway CHL and in close proximity to the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No concerns. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: Each of the severed and retained properties appear to have separate water and sanitary servicing therefore Engineering has no concerns. Operations Comments: A cash -in -lieu of land park dedication is required on the severed parcel having 0.93 hectares area, in the amount $20,646.00 as a new development lot will be created as result of the proposed severance. Parkland dedication is calculated at 2% of the per hectare generic Commercial land value for the severed parcel. RECOMMENDATION: That Application B2018-62 requesting consent to sever the subject property into two lots be approved, subject to the following conditions: 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 provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (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 pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $20,646.00. The park land dedication is calculated at the residential rate of 2% of the per metre lineal frontage land value for the severed portion. 4. That, prior to final approval, the Owner receives site plan approval to acknowledge the existing parking and site conditions for the retained and severed lands. 0 5. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Craig Dumart, BES, MCIP, RPP Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner A N* Region of Waterloo File No. D20-20/18 KIT August 13, 2018 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 U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2018-048 through B2018-049, B2018-0555 through B2018-062 Committee of Adjustment Hearing August 21, 2018 CITY OF KITCHENER B2018-048 and B2018-049 Weichel St at Victoria St 19171771 Ontario Inc. c/o Scott Murray The owner/applicant is proposing to sever the land and create two new residential lots fronting onto Weichel Street. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Record of Site Condition: The subject property is part of a former (historical) landfill and is identified as a known threat for environmental contamination due to past and existing uses. In accordance with the Region of Waterloo's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites, Document Number: 2798486 Version: 1 a Record of Site Condition (RSC) is required prior to final approval of the consent application. Corridor Planning: Regional Road Dedication A dedicated road widening of 7.62 metres daylight triangle will be required at the northeast corner of Victoria Street South/ Weichel Street. A draft reference plan for the road widening/ daylight triangle will need to be prepared by an Ontario Land Surveyor and must be provided for review by Regional staff, prior to depositing the Reference Plan to Land Registry Office. The owner must provide a copy of registered Reference Plan and owner' s legal representative's contact information who would be required to work with Region's Legal staff to complete the required documentation for the dedicated road widening/ daylight triangle. A Phase I and Phase II Environmental Site Assessment (ESA) is required for the portions of lands to be dedicated to the Region and must be excluded from the RSC for the balance of the lands. Access With the proposed severance plan no severed or retained lots will have access form Victoria Street. The access to all lots will be provided from the adjoining municipal street. Environmental Noise A detailed environmental noise study will be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and Westmount Road West (RR #50). The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured as accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional Document Number: 2798486 Version: 1 expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: //www. reaionofwaterloo. ca/en/I ivina-here/resources/Desian-Standards/Noise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading As a condition of the consent, the owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. Document Number: 2798486 Version: 1 The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Site Servicing/ Municipal Consent: Servicing plans will require Regional approval through a separate process of Municipal Consent. Also any work required within the Region of Waterloo road allowance will require a Regional Work Permit. In this regard the owner/applicant 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. Josh Graham, 519-575-4400 ext 3580 or by email at: JGraham (o�regionofwaterloo.ca Water Services: Given the proximity to a 600 mm PVC regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018 Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 2) That prior to final approval the applicant submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. 3) That prior to final approval, the applicant complete the required road widening dedication. Document Number: 2798486 Version: 1 4) That prior to final approval, the applicant submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 6) That prior to final approval, the applicant submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. B2018-055 33 Second Avenue Arvind Paul Singh The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling Document Number: 2798486 Version: 1 occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/ sale, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the Document Number: 2798486 Version: 1 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-056 63 Plymouth Road Bojan Bijelic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 2798486 Version: 1 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 Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Document Number: 2798486 Version: 1 B2018-057 103 Plymouth Road Vuk Vujevic and Dario Kokorovic The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the owner/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: The severed and retained residential lots will be impacted from road noise due to close proximity to Highway 7/8. The owner/ applicant is required to enter into a registered agreement with the City of Kitchener to include 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 and retained lots: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will Document Number: 2798486 Version: 1 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 application subject to the following conditions: 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 enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 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 (MOECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". B2018-058 379-389/399 Queen Street South Michael Puopolo c/o Polocorp Inc. The owner/applicant is proposing an easement in favour of Barra on Queen Inc. for servicing rights (catch basin). Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-059 and B2018-060 640 and 654 Trillium Drive and 59 McBrine Place FNF Enterprises Inc. The owner/applicant is proposing a severance to create three individual lots as a result of the title of the three properties merging due to a previous amalgamation of the companies holding the real-estate. Community Planning: 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: Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot. B2018-061 859 Courtland Avenue East 2008703 Ontario Limited The owner/applicant is proposing easements for the purpose of access and environmental monitoring in favour of Nike Incorporated for the purpose of facilitating monitoring required by a Record of Site Condition. Corridor Planning: Regional Staff have no concerns with the subject application with the understanding that no changes to the existing access on Courtland Avenue East are required for the proposed access/easement purpose. The owner is advised that: a) A Regional Access Permit will be required for any modification or change of use to the existing access. b) A Region of Waterloo Work Permit must be obtained from the Region prior to commencing any construction within the Regional right-of-way. Please refer to the following website for further guidance: https://rmowroadperm its. mirasan.ca/ Regional staff has no objection to the subject application. Document Number: 2798486 Version: 1 B2018-062 560-632 Victoria Street North Weston Foods Canada Inc. / GSP Group Inc. The owner/applicant is proposing to a severance to facilitate the redevelopment of the land for commercial purposes. Community Planning: The Region acknowledges receipt of the required Consent Application Review Fee of $350.00. Corridor Planning: Transit Planning: A transit shelter easement measuring 6.0 metres x 1.2 metres beyond the property line will be required as a condition of approval for the subject application. A draft reference plan that specifies the transit shelter easement as a separate part must be prepared by an Ontario Land Surveyor and provided for review by Regional staff prior to depositing the Reference Plan to the Land Registry Office. The owner/applicant must provide a copy of the registered Reference Plan and the owner/applicant's legal representatives must work with Regional Staff to complete the required documentation for the transit shelter easement. Other The following will be required at future development / Site Plan application stage for the proposed development on severed and retained lots: Access.- Once ccess: Once details for the proposed commercial development are available, the accesses for both retained and severed lots may need to be consolidated and redundant accesses may need to be closed. Further details will be determined at future redevelopment stage once detailed plans are available. A Regional access permit along with appropriate application fee will be required for each new, modified, or to be closed access on Victoria Street North (RR #55). Access Permit application form is available at: https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf Any access within permit control area of MTO jurisdiction will be subject to approval by the appropriate MTO authorities. Document Number: 2798486 Version: 1 Transportation Impact Study. A Transportation Impact Study may be required based on the proposed development plans of future commercial development. Environmental Noise. A detailed environmental noise study may be required to assess the impacts of transportation noise from Victoria Street South (RR #55) and rail noise/vibration from Goderich Exeter Railway for any onsite/offsite noise sensitive land uses on the severed lot. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. odf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Stormwater Management and Site Grading: The owner/applicant must submit a Site Grading and Drainage Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any necessary development agreements with the Region to the satisfaction of the Region. The owner/applicant will be required to submit 2 copies of the Site Grading and Drainage Plan(s) and Site Document Number: 2798486 Version: 1 Servicing Plan(s), and accompanying Storm Water Management Report to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. A private storm water connection to any storm sewer on any Regional Road will be discouraged where an alternate storm water connection is available, or if it is determined that the Regional Road storm sewer does not have the sufficiency (condition or capacity) to accommodate private storm water flows from this site. It is the responsibility of the owner/applicant's engineering consultant to determine a storm water outlet from the site and sufficiency of the receiving storm sewer system and to include this information in the stormwater management report. The owner/applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical Services for the Region of Waterloo at 519-575-4432 or at mlister(d)-regionofwaterloo.ca to determine if any engineering plans and/or further information for the Regional Road services are available which may be of assistance. The site must be constructed and graded in accordance with the approved plans and Storm Water Management Report, and the storm water management features maintained in accordance with the suppliers and reports recommendations. The Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Site Servicing/ Municipal Consent.- Servicing onsent:Servicing plans will require Regional approval through a separate process of Municipal Consent. Work Permit: 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://rmowroadpermits.mirasan.ca/ for further guidance." Water Services: Given the proximity to a 600 mm Ductile Iron regional watermain, the owner/applicant should be made aware that no connection to regional watermains will be permitted in Document Number: 2798486 Version: 1 accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval the applicant provide a draft reference plan with the required transit shelter easement to the satisfaction of the Region of Waterloo. 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, 1rk., e� Matthew Colley Planner Document Number: 2798486 Version: 1 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE August 10, 2018 YOUR FILE: See below Applications for Signs: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, B 2018-055 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: 31 Young Street & B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority.