HomeMy WebLinkAboutDSD-19-230 - B 2019-019 - 49 Overland DrStaff Report
KArrER
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
PREPARED BY: Eric Schneider, Junior Planner - 519-741-2200 ext. 7843
WARD: 3
DATE OF REPORT: September 5, 2019
REPORT #: DSD -19-230
SUBJECT: APPLICATION #: B2019-019
49 Overland Drive
Applicant: Dave Aston- MHBC Planning
Defer
Location Map: 49 Overland Drive
REPORT
Planning Comments:
The subject property is zoned Heavy Industrial Zone (M-4) in the Zoning By-law and designated
Heavy Industrial Employment & Natural Heritage Conservation in the City's 2014 Official Plan.
The property received site plan approval in 2018 for a self -storage warehouse facility.
As per the Official Plan (Section 6.C.2.9b) the applicant is required to demonstrate that vehicles
and people have a way of safely entering and exiting the area in times of flooding. This has not
been demonstrated by the applicant, and in discussions with the applicant this may require
additional easements not specified in this application. Therefore, the application is premature
and staff is recommending deferral.
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. Separate building permit(s) will be required for the
demolition of any existing buildings, as well as construction of any new industrial buildings
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
In addition to the consent application, a Site Plan application has also been received for this
proposal. Environmental concerns will be address through the Site Plan process.
Transportation Services Comments:
Considering that funds for a future 1.5m sidewalk was taken through the site plan approval
process, Transportation Services has no concerns with the proposed application.
Engineering Comments:
The proposed severance has changed from the approved Site Plan. Engineering will require
updated Site Plan drawings for grading, servicing and stormwater management.
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. The owner is
required to make satisfactory financial arrangements with the Engineering Division for the
installation of new ones that may be required to service this property, all prior to severance
approval. Our records indicate storm and water municipal services are currently available to
service this property.
The sanitary sewer on Overland Drive is required to be extended in order to achieve a positive
outlet for the retained lands at the owner's sole expense. Any further enquiries in this regard
should be directed to Trevor Jacobs (519-741-2200 ext. 7136).
Easements are required in favor of the City over existing sanitary sewer infrastructure on the
severed and retained lands.
Operations Comments:
Park land dedication will not be required for the application. Dedication requirements have been
established through Site Plan Application SP18/038/O/LT.
E
RECOMMENDATION:
That Application B2019-019 requesting consent to sever the subject property into two lots and
grant an easement over the retained lands in favour of the severed lands be deferred for three
months with the option to return sooner.
Eric Schneider, BES
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
3
Staff Report
KArrER
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 21St, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
PREPARED BY: Eric Schneider, Junior Planner - 519-741-2200 ext. 7843
WARD: 3
DATE OF REPORT: May 13th, 2019
REPORT #: DSD -19-127
SUBJECT: APPLICATION #: B2019-019
49 Overland Drive
Applicant: Dave Aston- MHBC Planning
Defer
Location Map: 49 Overland Drive
REPORT
Planning Comments:
The subject property is zoned Heavy Industrial Zone (M-4) in the Zoning By-law and designated
Heavy Industrial Employment & Natural Heritage Conservation in the City's 2014 Official Plan.
The property received site plan approval in 2018 for a self -storage warehouse facility.
As per the Official Plan (Section 6.C.2.9b) the applicant is required to demonstrate that vehicles
and people have a way of safely entering and exiting the area in times of flooding. This has not
been demonstrated by the applicant, and in discussions with the applicant this may require
additional easements not specified in this application. Therefore, the application is premature
and staff is recommending deferral.
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. Separate building permit(s) will be required for the
demolition of any existing buildings, as well as construction of any new industrial buildings
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
In addition to the consent application, a Site Plan application has also been received for this
proposal. Environmental concerns will be address through the Site Plan process.
Transportation Services Comments:
Considering that funds for a future 1.5m sidewalk was taken through the site plan approval
process, Transportation Services has no concerns with the proposed application.
Engineering Comments:
The proposed severance has changed from the approved Site Plan. Engineering will require
updated Site Plan drawings for grading, servicing and stormwater management.
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. The owner is
required to make satisfactory financial arrangements with the Engineering Division for the
installation of new ones that may be required to service this property, all prior to severance
approval. Our records indicate storm and water municipal services are currently available to
service this property.
The sanitary sewer on Overland Drive is required to be extended in order to achieve a positive
outlet for the retained lands at the owner's sole expense. Any further enquiries in this regard
should be directed to Trevor Jacobs (519-741-2200 ext. 7136).
Easements are required in favor of the City over existing sanitary sewer infrastructure on the
severed and retained lands.
Operations Comments:
Park land dedication will not be required for the application. Dedication requirements have been
established through Site Plan Application SP18/038/O/LT.
E
RECOMMENDATION:
That Application B2019-019 requesting consent to sever the subject property into two lots and
grant an easement over the retained lands in favour of the severed lands be deferred for three
months with the option to return sooner.
Eric Schneider, BES
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
3
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
File No. D20-20/19
KIT
May 14, 2019
Re: Comments for Consent Application B2019-015 through
B2019-023
Committee of Adjustment Hearing May 21, 2019
CITY OF KITCHENER
*k11 pall N1
23 & 25 Wendy Crescent
Yusuf Ishmail
The owner/applicant is proposing a severance to allow for two separate parcels for an
existing semi-detached dwelling.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Corridor Planning
Regional Staff advise that the proposed severed and retained lots are located within the
6.Okm of outer area of airport zoning area; and located under the airport runway take -off
approach surface and as such subject to all provisions of Airport Zoning and Federal
Aviation. For further information please contact Kevin Campbell at:
KCampbell(d)-regionofwaterloo.ca
Document Number: 2999380 Version: 1
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
:]KOI Da1Z [1
52 Wilhelm Street
4Front Design Build Partners
The owner/applicant is proposing a severance to allow for two separate parcels to
construct a two storey duplex on each lot.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Noise Study
A detailed noise study will be required to assess the impacts of road traffic from Weber
Street West (RR #08) and rail noise/vibration from CN Railway mainline that are in close
proximity to the proposed development. 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:
Document Number: 2999380 Version: 1
https://www. regionofwaterloo. ca/en/I iving-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.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
2) 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.
B2019-017
177 Fifth Avenue
c/o MHBC Planning
The owner/applicant is proposing to sever the property into two lots.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Corridor Planning
Regional Staff advise that the subject lands are located under the airport runaway take-
off approach surface and as such subject to all provisions of Airport Zoning and Federal
Aviation. For further information please contact Kevin Campbell at:
KCampbell(d)-regionofwaterloo.ca
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 2999380 Version: 1
B2019-018
69 Amherst Drive
Owl Properties Incorporated
The owner/applicant is proposing to sever the existing single detached residential lot
from the balance of the land holding.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Archaeological Assessment:
The subject property possesses some potential for the recovery of archaeological
resources due to the proximity to an historic road and proximity to a water course (The
Grand River). However, due to disturbance that has occurred on the subject property
since the development of the original subdivision, Regional staff will not be requiring
the submission of an Archaeological Assessment. However, the owner/applicant of the
subject property should be made aware that:
• If archaeological resources are discovered during the development or site
alteration of the subject property, the applicant will need to immediately cease
alteration/development and contact the Ministry of Tourism, Culture and Sport. If
it is determined that additional investigation and reporting of the archaeological
resources is needed, a licensed archaeologist will be required to conduct this
field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or,
• If human remains/or a grave site is discovered during development or site
alteration of the subject property, the applicant will need to immediately cease
alteration and must contact the proper authorities (police or coroner) and the
Registrar at the Bereavement Authority of Ontario in Compliance with the
Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 2999380 Version: 1
B2019-019
49 Overland Drive
Alphabet Overland Self Storage Inc.
The owner/applicant is proposing a severance for the creation a new industrial lot. The
severed land is site plan approved for a self storage use. The retained land is proposed
for a contractor yard. The owner/applicant requires an easement for stormwater
management over the retained lands in favour of the severed lands.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Corridor Planning
Regional Staff advise that the subject lands are located under the airport runaway take-
off approach surface and as such subject to all provisions of Airport Zoning and Federal
Aviation. For further information please contact Kevin Campbell at:
KCampbell(d)-regionofwaterloo.ca
Record of Site Condition
The subject property is identified in the Region's Threats Inventory Database (TID) as
having a high threat of contamination on the property. However, in accordance with the
Region's Implementation Guideline for the Review of Development Applications On or
Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition
(RSC) is not required for the proposed severance.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 2999380 Version: 1
B2019-020
28 Burgetz Avenue
MB Future Homes Ltd.
The owner/applicant is proposing a residential lot severance.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Corridor Planning
Regional Staff advise that the subject lands are located under the airport runaway take-
off approach surface and as such subject to all provisions of Airport Zoning and Federal
Aviation. For further information please contact Kevin Campbell at:
KCampbell(d)-regionofwaterloo.ca
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
B2019-021 through B2019-23
20-24 Breithaupt Street
2184647 Ontario Limited & Breithaupt Block Inc.
The owner/applicant is proposing to sever the subject property due to construction
financing requirements for the proposed Phase 3 development of the Breithaupt Block.
B2019-021 is to sever the existing lot into two separate parcels. B2019-022 is to grant
an easement between the severed properties in favour of the retained lands for access
purposes. B2019-023 is to facilitate the granting of a lease over twenty-one (21) years.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent B2019-021.
Document Number: 2999380 Version: 1
Record of Site Condition:
The subject property is identified in the Region's Threats Inventory Database (TID) as
having a high threat of contamination both on and adjacent to the property. In
accordance with the Region's Implementation Guideline for the Review of Development
Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of
Site Condition (RSC) would be required for the proposed consent applications.
Regional Staff acknowledge that RSC #222924 was completed for the proposed
severed and retained lands at 20-24 Breithaupt Street and filed with the Ministry of the
Environment, Conservation and Parks on January 27, 2017. Regional Staff are satisfied
with the submission of an RSC and have no further comments.
Regional staff has no objection to the applications, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
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,
/ l
Matthew Colley
Planner
Document Number: 2999380 Version: 1
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:
September 9, 2019 B 2019-019 — 49 Overland Drive B2019-019 — 49 Overland Dr
RE: Application for Consent B 2019-019
49 Overland Drive, City of Kitchener
Alphabet Overland Self Storage Inc.
GRCA COMMENT*:
Grand River Conservation Authority (GRCA) staff recommend refusal of the above noted
consent application as safe access is not available to the area in times of flooding. Please see
our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that a portion of the subject property is
within the Riverine Flooding Hazard (floodplain) of Schneider Creek and its associated 5 metre
regulated allowance. The floodplain is designated as a One Zone Policy Area, meaning that
the entire floodplain is considered "floodway". The floodway is the portion of a floodplain where
development could cause a danger to public health and safety and/or property. The property
is also adjacent to Schneider Creek and its 15 metre regulated allowance.
2. Legislative/Policy Requirements and Implications:
We understand that the applicant is proposing a severance to create a new vacant industrial
lot with an easement for stormwater management.
Provincial Policy Statement
In 1995, the Ministry of Natural Resources (MNR) delegated the responsibility for municipal
plan input and review for natural hazards to Conservation Authorities. This was further
confirmed under the accompanying Memorandum of Understanding signed in 2001 by
Conservation Ontario, the MNR, and the Ministry of Municipal Affairs and Housing. This
means that the GRCA has the responsibility to review municipal policy documents and
applications under the Planning Act to ensure that they are consistent with the natural hazards
policies (Section 3.1) of the Provincial Policy Statement.
In accordance with Provincial Policy Statement (2014) Section 3.1.2c:
"Development and site alteration shall not be permitted within areas that would be
rendered inaccessible to people and vehicles during times of flooding hazards, erosion
hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has
safe access appropriate for the nature of the development and the natural hazard."
In the Provincial Policy Statement (2014) development is defined as:
"Development means the creation of a new lot, a change in land use, or the construction
of buildings and structures, requiring approval under the Planning Act, but does not
include:
Page 1 of 5
a. activities that create or maintain infrastructure authorized under an environmental
assessment process;
b. works subject to the Drainage Act; or
c. for the purposes of policy 2.1.4(a), underground or surface mining of minerals or
advanced exploration on mining lands in significant areas of mineral potential in
Ecoregion 5E, where advanced exploration has the same meaning as under the
Mining Act. Instead, those matters shall be subject to policy 2.1.5(a)."
Safe Access Analysis
In consideration of the above noted application, the GRCA has undertaken a review of the
following supporting materials:
• Letter re: 49 Overland Drive, Response to GRCA Initial Comments on Consent/Site Plan
Applications, prepared by MHBC, dated July 9, 2019
• Technical Memo, prepared by GM BluePlan Engineering, dated July 5, 2019
The Technical Memo references and assesses the following definition of safe access found
in the GRCA Policies for the Administration of the Development, Interference with Wetlands
and Alterations to Shorelines and Watercourses Regulation — Ontario Regulation 150/06 (last
revised October 23, 2015):
"Safe Access means locations where during the Regulatory Flood, the flow velocity does
not exceed 1.7 m/s, the product of depth and velocity does not exceed 0.4 m2/s, the depth
of flooding along access routes to residential units does not exceed 0.8 metres or 1.2
metres along access routes to commercial or industrial buildings or structures, and the
depth of flooding adjacent to residential units does not exceed 1.2 metres or 2.0 metre
adjacent to commercial or industrial buildings or structures" (page 58).
The Technical Memo further assesses safe access based on the Technical Guide — River &
Stream Systems: Flooding Hazard Limit (Ontario Ministry of Natural Resources, 2002).
Based on our review of the Technical Memo, GRCA staff find that the access from Overland
Drive does not meet all components of the GRCA's definition of safe access (derived from the
MNR Technical Guide) and does not meet all the MNR Technical Guidelines. Therefore, the
site does not have safe access for people or vehicles. Please see below our detailed review
comments on the Technical Memo.
The safe access analysis provided in the Technical Memo is incomplete. The Technical Memo
quotes specific wording from the MNR's Technical Guide, but not the entirety of the sentence
or sections referenced making the analysis incomplete.
The Technical Memo quotes section 3.1.2c of the Provincial Policy Statement noting, "...safe
access appropriate for the nature of the development and the natural hazard", and defines the
nature of development as a Contractor's yard and shop with no public access and not a large
number of employees. The definition of safe access in GRCA's policies (noted above) has
criteria for both residential and commercial/industrial uses. The `nature of the development'
for this application is considered commercial/industrial uses.
Based on the Technical Memo, one component of the safe access criteria, being the product
of depth and velocity cannot be met regardless if you utilize the GRCA safe access definition
or the MNR Technical Guide. The Technical Memo references the `3x3' rule (3ft depth x 3ft/s
velocity = 9 ft2/s or 0.8m2/s) from the guide. Our definition is more conservative and uses the
`2x2' rule (2ft depth x 2ft/s velocity = 4ft2/s or 0.4m2/s) that is also referenced in the MNR
Technical Guide. Based on the information provided, both the 2x2 and the 3x3 rule cannot be
Page 2 of 5
met for access along Overland Drive, as the product of depth and velocity calculated is 1.08
m2/s.
The Technical Memo also references the product of depth and velocity of 1 M2 /s as an upper
limit for adult male occupants in the flood plain. This was taken from the MNR Technical Guide,
which states:
"As a result, it is likely that the simple rule of 3 x 3 product (1 m2/s or 9 ft. 2/s) represents
an upper limit for adult male occupants in the flood plain and that it would be reasonable
to consider something lower as being more representative of a safe upper limit for most
flood plain occupants." (appendix page 26).
The MNR Technical Guide also notes that the product of depth and velocity of 1 m2/s, "applies
to trained professionals whose regular work accustoms them to the dynamic forces of river
flows, buoyant forces from partial submergence and recognition of potential hazards, e.g.
rocks, depressions, etc. They also enter the stream with equipment which will assist them in
maintaining stability, e.g. tag line, wading rod, strap -on cleats for greater stability" (MNR
Technical Guide, appendix page 26). While it is unreasonable to base the safe access
analysis solely on adult male occupants who are trained professionals with appropriate
equipment, even this criterion is exceeded based on the product of depth and velocity
calculated as 1.08 m2/s in the Technical Memo.
Furthermore, it is stated in the Technical Memo that emergency vehicles would have safe
access, however this analysis is based on the use of diesel fire vehicles with top exhausts.
We received confirmation that the City does not own top exhaust diesel fire vehicles. The
Technical Memo also does not consider ambulances/EMS vehicles. As such, emergency
access would not be achievable through the floodplain along Overland Drive.
An alternative access was considered through the gated railway tracks to Ardelt Place. It is
our understanding that an access agreement would be required to consider this emergency
access. At this time, we are unaware of any such agreement.
Recommendation
GRCA staff are still of the opinion that the proposed severance does not meet Provincial
policy. Based on our review of the materials submitted to date, we understand that `safe
access' is not available through the floodplain along Overland Drive, and agreements for
emergency access via Ardelt Place have not been obtained. As such, we recommend refusal
of the consent application as it will result in a new lot without safe access.
Other Comments
As an advisory comment, the City of Kitchener Official Plan (2014) states:
"6.C.2.3. Development will generally be directed to areas outside of:
a) natural hazardous lands adjacent to river, stream and small inland lake systems
which are impacted by flooding hazards and/or erosion hazards; and,
b) natural hazardous sites.
6.C.2.4. Development and site alteration will not be permitted within:
a) hazardous lands which are impacted by flooding hazards and/or erosion hazards;
b) erosion access allowances, which will not be less than six metres; and
c) hazardous sites" (page 6-3).
It appears that the intent of the policies above is to prevent development in areas impacted
by flooding hazards. In this case, the development is impacted by not having safe access to
Page 3 of 5
the site in the event of flooding. The definition of "development" in the City of Kitchener Official
Plan (2014) includes "the creation of a new lot".
Further to the above, the City of Kitchener Official Plan provides exceptions for designated
areas and land uses:
"6.C.2.5. Notwithstanding Policy 6.C.2.4, development or site alteration may be permitted
in hazardous lands and hazardous sites where;
a) a special policy area has been approved by the Province; or
b) the development is limited to land uses that, by their nature, must locate within
the floodway, including flood and/or erosion control works, structures necessary
for conservation, water supply, wastewater management, or minor additions or
passive non-structural uses which do not affect flood flows; or
c) a two -zone policy area has been designated to permit development or site
alteration in the flood fringe, and the effects and risk to public safety are minor so
as to be managed or mitigated in accordance with the Province's standards, as
determined by the demonstration and achievement of all of the following:
i) development or site alteration is carried out in accordance with
floodproofing standards, protection works standards, and access
standards;
ii) vehicles and people have a way of safely entering and exiting the area
during times of flooding, erosion and other emergencies;
iii) new hazards are not created and existing hazards are not aggravated;
and
iv) no adverse environmental impacts will result" (page 6-4).
Policy 6.C.2.5 does not apply to this application, as the property and access are within the
One Zone floodplain. However, the Two Zone policies are more permissive than One Zone
policies, and they require that it be demonstrated that vehicles and people have a way of
safely entering and exiting the area during times of flooding.
Section 6.C.2.10 of the City of Kitchener Official Plan states:
"Further to Policy 6.C.2.8 and except as prohibited in Policies 6.C.2.4 and 6.C.2.5,
development, redevelopment or site alteration may be permitted in those portions of
natural hazardous lands and hazardous sites where the effects and risk to public safety
are minor could be mitigated in accordance with the Province's standards, and where all
of the following are demonstrated and achieved:
a) development, redevelopment or site alteration is carried out in accordance with
floodproofing standards, Protection Works Standards, and access standards;
b) vehicles and people have a way of safely entering and exiting the area during the
times of flooding, erosion and other emergencies;
c) new hazards are not created and existing hazards are not aggravated;
d) no adverse environmental impacts will result; and,
e) a Development, Interference with Wetlands and Alterations to Shorelines and
Watercourses Permit (Pursuant to Ontario Regulation 150/06) is issued by the Grand
River Conservation Authority" (page 6-5).
Based on the above, the consent application would not meet the more permissive policies
applicable to Two Zone floodplain policy areas. It appears the intent is to prevent development
in areas where vehicles and people do not have a way of safely entering and exiting the area
during the times of flooding.
Other Planning Act or Official Plan policies may apply. We trust the City of Kitchener will
address these matters.
Page 4 of 5
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
risha Hughes
Resource Planner
Grand River Conservation Authority
cc: Alphabet Overland Self Storage Inc., 120 Adelaide St W, Suite 803, PO Box 27, Toronto,
ON M5H 1T1
Dave Aston, MHBC Planning (via email)
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority
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