HomeMy WebLinkAboutDSD-19-225 - B 2019-051 to B 2019-054 & A 2019-082 - 83 Elmsdale DrStaff Report
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
REPORT
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www.kitchener ca
Committee of Adjustment
September 17, 2019
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Katie Anderl, Senior Planner — 519-741-2200 ext. 7987
#6
September 9, 2019
DSD19-225
A2019-082, B2019-051, B2019-052, B2019-053, B2019-054
83 Elmsdale Drive
Owner — Novacore (83 Elmsdale) Inc.
Approve with Conditions
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PSA PART r Parcel E �r
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_ Parcel d 4.5937 Ha. ' T a
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—r Minor variance for Parcel C:
Lot width of 14.2 m
Planning Comments:
The subject lands are located at 83 Elmsdale Drive and are proposed to be developed with mix of
commercial and residential uses. This large site is being developed comprehensively, having a shared
private street connecting several separately owned parcels. The owner, NovaCore, previously
severed the lands into three parcels (A, B and C) with various access and servicing easements. These
parcels have now been created and the deed registered. The subject applications seek to further
subdivide Parcel C into Parcels C (severed), D (retained) & E (severed) as shown on the sketch above.
These parcels will all share access over the private driveway. New easements for access and
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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PSA PART r Parcel E �r
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C
_ Parcel d 4.5937 Ha. ' T a
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4.5517 Ha. ¢
EasemeM2 �6F Ea—f m' PART 5
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Parcel 6• • aa. aa.w
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—r Minor variance for Parcel C:
Lot width of 14.2 m
Planning Comments:
The subject lands are located at 83 Elmsdale Drive and are proposed to be developed with mix of
commercial and residential uses. This large site is being developed comprehensively, having a shared
private street connecting several separately owned parcels. The owner, NovaCore, previously
severed the lands into three parcels (A, B and C) with various access and servicing easements. These
parcels have now been created and the deed registered. The subject applications seek to further
subdivide Parcel C into Parcels C (severed), D (retained) & E (severed) as shown on the sketch above.
These parcels will all share access over the private driveway. New easements for access and
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
servicing are proposed, and the owner is proposing amendments to the existing easements over
Parcels A & B to reflect the proposed access and servicing for the new lots. The owner is also
requesting a minor variance for proposed Parcel C to permit a lot width of 14.2 metres.
The subject applications were deferred at the July 2019 meeting to provide time for City and Regional
staff to work with the applicant verify the sanitary servicing solution and to confirm the size and
location of the associated servicing easements over parcels C, D and E. The relevant parties
have met and staff is now satisfied with the proposed servicing solution and access/servicing
easements. To facilitate this development a new local sanitary sewer must be constructed on
Ottawa Street South, and conditions of approval are recommended in this regard.
As a result of these discussions, the applicant has amended the consent application for Parcel E
to eliminate one of the previously requested easements (original easement 7), and Parcels D and
E will now benefit from a servicing permissions over Easements 1 and 2, respectively. Easements
are summarized in more detail in the table below.
Consent Applications:
The subject property is designated Mixed Use (with Specific Policy Area 31). The property is zoned
Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 649R, Special Use
Provision 436U and Holding Provision 71 H, under Zoning By-law 85-1 and MIX -1 (42) (7H) under
Zoning By-law 2019-051 (under appeal). The intent of the zones under both by-laws is to permit and
support development of the lands with a mix of commercial and residential uses.
Future severance of the lands was anticipated as a likely scenario when the zoning and designation
were applied to the lands. The proposed severances are in keeping with the configuration considered
by the Master Plan, and the proposed location of the shared common driveway, which generally
separates the parcels remains as planned. The proposed size and shape of the parcels will allow for
development which will generally comply with the applicable regulations and policies, however a
variance is required to permit the width of Parcel C at Ottawa Street South. A range of uses is
permitted by the zoning for each of Parcels C, D and E, and the Holding Provision remains, and
continues to require a Record of Site Condition, and a Noise Study to the satisfaction of the Region
prior to sensitive uses being permitted on the lands. Development of each future Parcel will be subject
to Site Plan Approval, and the parcels will be addressed from the private streets, which will be formally
named through a future Council approval.
The proposed consents result in parcels as follows:
Parcel C (severed) is proposed to have a width on Ottawa Street South of 14.2 metres, and
an area of 1.22 ha;
Parcel E (severed) is proposed to have a width on Ottawa Street South of 167.8 metres and
an area of 0.89 ha; and
Parcel D (retained) is proposed to have a width on Ottawa Street South 83.4 metres, and an
area of 0.55 ha.
Through the previous Consent applications, which created Parcels A, B and C, the Owner entered into
an agreement with the City to permit the shared private roadway to be constructed by the Owner in
advance of development of the related Parcels. This agreement is registered on title and staff
recommend that this is registered separately on title for new Parcels C, D and E.
The applicant is requesting easements over Parcels, A, B, C, and E for the purposes mutual access,
fire -routing, and servicing (water and sanitary) as follows:
Easement #:
Description/Dimensions:
Purpose:
In favour of
Parcel(s):
Access & Fire Route
B, C, D, E
1 (over Parcel A)
Part 5, 58R-18985
Servicing (water)
C, D, E
Access & Fire Route
A, C, D, E
2 (over Parcel B)
Part 7, 58R-18985
Servicing (water)
D, E
5.05 m (wide) x 14.43 m
Access & Fire Route
A, B, D, E
3 (over Parcel C)
(long)
Area = 72.9 m2
Servicing (water)
D
5.05 m (wide) x 112.06 m
Access & Fire Route
A, B, D, E
4 (over Parcel C)
(long)
Area = 565.9m2
Servicing (water)
E
10.10 m (wide) x 56.66 m
Access & Fire Route
E
5 (over Parcel C)
(long)
Area = 572.3 m2
Servicing (water)
E
(east/west) 5.05 m (wide) x
69.00 m (long)
6 (over Parcel C)
(north/south) 14.20 m
Access & Fire Route
A, B, D, E
(wide) x 64.28 m (long)
Area = 1261.2 m2
7.0 m (wide) x 14.2 m
Access & Fire Route
A, B, D, E
7 (over Parcel C)
(long)
Area — 99.4m2
Servicing (sanitary)
D
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c.P.13, the dimensions and shapes of the proposed lots and easements are appropriate
and suitable for the permitted use of the lands. The lands front on established public streets and all
parcels of land can and will be serviced with independent and adequate service connections to
municipal services. The severed and retained lots will comply with the minimum lot width and lot area
requirements of the Zoning By-law, subject to the Committee granting approval of associated Minor
Variance Application A2019-082. The proposed parcel fabric is consistent with the overall
development concept contemplated by the Urban Design Brief adopted by City Council as part of the
previous Zone Change and Official Plan Amendment approval process. Planning staff is of the
opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the
Growth Plan for the Greater Golden Horseshoe.
Based on the foregoing, staff recommend that the proposed Consent Applications be approved,
subject to conditions.
Minor Variance Application:
A minor variance is requested for proposed Parcel C to permit a lot width of 14.2 metres, whereas the
Neighbourhood Shopping Centre Zone (C-2) of By-law 85-1 requires a minimum lot width of 30.0
metres, and the MIX -1 Zone of By-law 2019-051 (under appeal) required a minimum lot width of 15.0
metres. The subject parcel is irregularly shaped with the main developable area being located north
of the shared private roadway and with frontage onto Ottawa Street South. The proposed 14.2 metre
lot width is designed to accommodate the roadway width including drive -lanes, sidewalks on both
sides. Landscaping and streetscape elements, including light standards, will be incorporated as part
of the site design of future Parcels D & E.
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.
General Intent of the Official Plan
The subject lands are designated Mixed Use with Specific Policy Area 31 in the Official Plan. The
general intent of this designation is to permit the lands to be developed with a mix of residential
and commercial uses in accordance with the general site development concept articulated in the
Urban Design Guidelines. The proposed parcel fabric and width of Parcel C is in keeping with
the general site layout approved at the time the designation was applied to the lands, and will
support the creation of individual parcels which will contribute to the overall development of the
site. Staff is of the opinion that the general intent of the designation is maintained.
General Intent of the Zoning By-law
The intent of the minimum lot width is to ensure sufficient frontage to accommodate permitted
buildings and supporting uses such as driveways. Parcel C has been designed to incorporate
the shared private roadway which provides access to a public road and represents the legal
frontage. Buildings fronting onto Ottawa Street South will be located on Parcels D and E, which
also flank the driveway. The main developable area of Parcel C is located towards the `back' of
the site, and buildings will be designed to `front' onto the internal private roadway, creating a
private streetscape. Planning and Transportation Services staff is of the opinion that the proposed
lot width will accommodate the required private roadway facilities.
Is the Variance Minor?
Staff is of the opinion that the proposed variance is minor. The subject lot has been designed so
that it is much wider at the back than near the street, and so buildings will front onto the private
roadway. The variance results in a lot width that will accommodate the private road facilities, and
represents only a 0.8 metre reduction from the MIX -1 zone of By-law 2019-051.
Is the Variance Appropriate?
Parcel 'C' has been designed to appropriately accommodate the width of the shared private
driveway. The balance of the parcel is appropriately sized to accommodate a range of uses which
are permitted by the zoning by-law and will be designed to front onto the private street, rather
than onto the public street. Therefore, staff is of the opinion that the variance is appropriate for
the development and use of the lands.
Based on the foregoing, planning staff recommends that the application be approved
Operations (Design and Development) Comments:
Park land dedication for redevelopment of the parcels will be deferred to the Site Plan application process.
At that time park land dedication will be calculated for each redevelopment parcel in response to detailed
site plan applications and according to the City's Parkland Dedication Policy.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services
(DGSSMS) allows only one service per lot.
Transportation Services Comments:
Transportation Services has no objections to the proposed consent applications.
Engineering Services Comments:
Engineering staff is satisfied with the easements proposed on each parcel of land in terms of
location and widths for servicing.
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. The owner is required
to make satisfactory financial arrangements with the Engineering Division for the installation of
new service connections that may be required to service this property, all prior to severance
approval. Our records indicate sanitary, storm and water municipal services are currently
available to service this property. Any further enquiries in this regard should be directed to Katie
Pietrzak (519-741-2200 ext.7135).
Any new driveways are to be built to City and Regional standards, as appropriate. 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.
A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.)
with corresponding layer names and asset information to the satisfaction of the Engineering
Division prior to severance approval.
Region of Waterloo Comments:
The subject applications were previously circulated in July 2019 and deferred to rectify concerns
between City and Regional staff regarding the sanitary servicing strategy for the proposed site.
The owner/applicant and Regional Staff have come to an agreement on the proposed sanitary
servicing strategy and the applications are moving forward to propose further subdividing the
existing Parcel `C' into Parcel `C', `D' and `E'.
Corridor Planning:
Regional Staff in consultation with the owner/applicant and the City of Kitchener have discussed
a new proposed sanitary sewer extension on Ottawa Street South in association with the
upcoming Regional Road reconstruction project. Regional Staff have the following comments
below:
• A Functional Servicing and Stormwater Management Report was submitted by Walter
Fedy (June 2019) was submitted in association with the severance of the property at 83
Elmsdale Drive, Kitchener. A viable sanitary sewer outlet must be provided for the
proposed severed parcels, the existing sanitary sewer owned by the Region of Waterloo
for landfill leachate and gas extraction is not a viable sanitary sewer connection for the
proposed development at 83 Elmsdale Drive, Kitchener.
• Consultation between all involved parties has occurred to facilitate a positive sanitary
sewer outlet for the proposed severance. The consensus moving forward is to install a
new sanitary sewer within the Ottawa Street South right of way in association with the
upcoming Ottawa Street South re -construction works; currently scheduled for 2021-2022.
To facilitate the sanitary sewer construction in the Ottawa Street South re -construction
project the Region will require the following to be completed:
o A Development Agreement between the owner/applicant, the Region of Waterloo
and the City of Kitchener to secure the implementation of the sanitary sewer
construction in the Ottawa street South re -construction project.
o An approved Engineering Plan for the sanitary sewer extension, detailed cost
estimate associated with the sanitary sewer extension, and a bank draft/letter of
credit/certified cheque associated with the sanitary sewer extension.
RECOMMENDATIONS
A. That Application A2019-082 requesting relief from:
a. Section 8.2 of Zoning By-law 85-1 to permit a minimum lot width of 14.2 metres
whereas 30.0 metres is required, be approved; and
b. Section 8.3 — Table 8-2 (MIX -1) of Zoning By-law 2019-51 to permit a minimum
lot width of 14.2 metres whereas 15.0 metre is required, be approved, subject
to the following:
i. This minor variance shall become effective only at such time as Zoning By-
law 2019-51 comes into force, pursuant to section 34 (30) of the Planning
Act, R.S.O. 1990, c. P 13, as amended, and the variance shall be deemed to
have come into force as of the date of this decision.
B. That application B2019-051 requesting consent to sever a parcel of land having a width
of 14.2 metres on Ottawa Street South and an area of 1.22 ha (shown as Parcel C on
the severance sketch); and permission to grant easements over lands identified as
Easement 3 on the Severance Sketch for the purpose of access and fire route in favour
of Parcels A, B, D & E, and servicing (water) in favour of Parcel D; an easement over
lands identified as Easement 4 on the Severance Sketch for the purpose of access and
fire route in favour of Parcels A, B, D & E, and servicing (water) in favour of Parcel E;
an easement over lands identified as Easement 5 on the Severance Sketch for the
purpose of access and fire route in favour of Parcel E, and servicing (water) in favour
of Parcel E; an easement over lands identified as Easement 6 on the Severance Sketch
for access and fire route in favour of Parcels A, B, D & E; an easement over lands
identified as Easement 7 on the Severance Sketch for the purpose of access and fire
route in favour of Parcels A, B, D & E, and servicing (sanitary) in favour of Parcel D, 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 Transfer Easement documents required to create the Easements being
approved herein shall include the following and shall be approved by the City
Solicitor, in consultation with the City's Director of Planning:
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 and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
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.
5. That the Owner make financial arrangements to the satisfaction of the City's
Director of Engineering for the removal of any redundant service connections and
installation of all new service connections that may be required for the severed and
retained lands, and works located within the private roadway.
6. A Servicing Plan showing outlets to the municipal servicing system along with the
sanitary and storm sewer design sheets will be required to the satisfaction of the
City's Director of Engineering.
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 for the retained lands.
8. That Minor Variance Application A2019-082 be finally approved.
9. That prior to final approval, the Owner enter into a development agreement with the
Region of Waterloo and City of Kitchener, to be prepared by the Region's Solicitor,
in consultation with the City of Kitchener, to secure the implementation of the
sanitary sewer construction in the Ottawa Street South re -construction project. The
agreement will include provisions to secure a detailed engineering plan, cost
estimate, and bank draft/letter of credit/certified cheque for the sanitary sewer
extension to the satisfaction of the Region in consultation with the City's Director
of Engineering.
10. That the Owner 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. Such
agreement shall be to the satisfaction of the City Solicitor and shall include the
following condition:
1) That prior to occupancy of any buildings on the severed or retained lands the
shared private roadway and any services contained within the easements which
have been created for these purposes, shall be designed and constructed to the
satisfaction of the City's Manager of Site Development and Customer Service, the
Director of Engineering, and the Chief Fire Official. All costs associated with the
private roadway including but not limited to design, construction, and
performance securities (to be administered in accordance with sections 4.2, 4.3
and 4.4 of the City's Performance Security Policy) shall be the responsibility of the
Owner.
The private roadway and services contained within the easements may be
constructed in phases, and in advance of development of the adjacent parcels, to
the satisfaction of the City's Manager of Development Review and Customer
Service and the Director of Engineering. The private roadway design shall be in
accordance with, and implement any approved Site Plan for Parcels A, B, C, D
and/or E.
Prior to construction of any portion of the private roadway and to the satisfaction
of the City's Manager of Site Development and Customer Service, Director of
Engineering and Chief Fire Official, the Owner agrees to submit and receive
approval of plans including but not limited to, Private Roadway 'Site' Plan, Grading
and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan,
Stormwater Management Plan, and Emergency Fire Route Plan. Further, the
Owner agrees to implement the approved plans to the satisfaction of the City's
Manager of Development Review and Customer Service and the Director of
Engineering.
The Owner acknowledges and agrees that should they elect to proceed with the
installation of the private roadway or services prior to final Site Plan Approval for
Parcels A, B, C, D and/or E, that such works are done at their sole risk and the
Owner agrees to indemnify the City with respect to any claim or loss which may
occur as a result of such work. The cost of rectifying any works carried out will
be the sole responsibility of the Owner.
C. That application B2019-052 requesting consent to sever a parcel of land having a width
of 167.8 metres on Ottawa Street South and an area of 0.89 ha, shown as Parcel E on
the severance sketch, 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 Transfer Easement documents required to create the Easements being
approved herein shall include the following and shall be approved by the City
Solicitor, in consultation with the City's Director of Planning:
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 and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
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.
5. That the Owner make financial arrangements to the satisfaction of the City's
Director of Engineering for the removal of any redundant service connections and
installation of all new service connections that may be required for the severed and
retained lands, and works located within the private roadway.
6. A Servicing Plan showing outlets to the municipal servicing system along with the
sanitary and storm sewer design sheets will be required to the satisfaction of the
City's Director of Engineering.
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 for the retained lands.
8. That Minor Variance Application A2019-082 be finally approved.
9. That prior to final approval, the Owner enter into a development agreement with the
Region of Waterloo and City of Kitchener, to be prepared by the Region's Solicitor,
in consultation with the City of Kitchener, to secure the implementation of the
sanitary sewer construction in the Ottawa Street South re -construction project. The
agreement will include provisions to secure a detailed engineering plan, cost
estimate, and bank draft/letter of credit/certified cheque for the sanitary sewer
extension to the satisfaction of the Region in consultation with the City's Director
of Engineering.
10. That the Owner 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. Such
agreement shall be to the satisfaction of the City Solicitor and shall include the
following condition:
1) That prior to occupancy of any buildings on the severed or retained lands the
shared private roadway and any services contained within the easements which
have been created for these purposes, shall be designed and constructed to the
satisfaction of the City's Manager of Site Development and Customer Service, the
Director of Engineering, and the Chief Fire Official. All costs associated with the
private roadway including but not limited to design, construction, and
performance securities (to be administered in accordance with sections 4.2, 4.3
and 4.4 of the City's Performance Security Policy) shall be the responsibility of the
Owner.
The private roadway and services contained within the easements may be
constructed in phases, and in advance of development of the adjacent parcels, to
the satisfaction of the City's Manager of Development Review and Customer
Service and the Director of Engineering. The private roadway design shall be in
accordance with, and implement any approved Site Plan for Parcels A, B, C, D
and/or E.
Prior to construction of any portion of the private roadway and to the satisfaction
of the City's Manager of Site Development and Customer Service, Director of
Engineering and Chief Fire Official, the Owner agrees to submit and receive
approval of plans including but not limited to, Private Roadway 'Site' Plan, Grading
and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan,
Stormwater Management Plan, and Emergency Fire Route Plan. Further, the
Owner agrees to implement the approved plans to the satisfaction of the City's
Manager of Development Review and Customer Service and the Director of
Engineering.
The Owner acknowledges and agrees that should they elect to proceed with the
installation of the private roadway or services prior to final Site Plan Approval for
A, B, C, D and/or E, that such works are done at their sole risk and the Owner
agrees to indemnify the City with respect to any claim or loss which may occur
as a result of such work. The cost of rectifying any works carried out will be the
sole responsibility of the Owner.
D. That application B2019-053 requesting permission to create an easement over lands
identified as Easement 1 on the Severance Sketch (being Parts 5 & 7 on Reference Plan
58R-18985) for the purpose of access and fire route in favour of Parcels B, C, D & E and
servicing (water) in favour of Parcels C, D & E; 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 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 Transfer Easement documents required to create the Easements being
approved herein shall include the following and shall be approved by the City
Solicitor, in consultation with the City's Director of Planning:
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 and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
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.
5. That the Owner make financial arrangements to the satisfaction of the City's
Director of Engineering for the removal of any redundant service connections and
installation of all new service connections that may be required for the severed and
retained lands, and works located within the private roadway.
6. A Servicing Plan showing outlets to the municipal servicing system along with the
sanitary and storm sewer design sheets will be required to the satisfaction of the
City's Director of Engineering.
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 for the retained lands.
8. That Minor Variance Application A2019-082 be finally approved.
9. That the Owner 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. Such
agreement shall be to the satisfaction of the City Solicitor and shall include the
following condition:
1) That prior to occupancy of any buildings on the severed or retained lands the
shared private roadway and any services contained within the easements which
have been created for these purposes, shall be designed and constructed to the
satisfaction of the City's Manager of Site Development and Customer Service, the
Director of Engineering, and the Chief Fire Official. All costs associated with the
private roadway including but not limited to design, construction, and
performance securities (to be administered in accordance with sections 4.2, 4.3
and 4.4 of the City's Performance Security Policy) shall be the responsibility of the
Owner.
The private roadway and services contained within the easements may be
constructed in phases, and in advance of development of the adjacent parcels, to
the satisfaction of the City's Manager of Development Review and Customer
Service and the Director of Engineering. The private roadway design shall be in
accordance with, and implement any approved Site Plan for Parcels A, B, C, D
and/or E.
Prior to construction of any portion of the private roadway and to the satisfaction
of the City's Manager of Site Development and Customer Service, Director of
Engineering and Chief Fire Official, the Owner agrees to submit and receive
approval of plans including but not limited to, Private Roadway `Site' Plan, Grading
and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan,
Stormwater Management Plan, and Emergency Fire Route Plan. Further, the
Owner agrees to implement the approved plans to the satisfaction of the City's
Manager of Development Review and Customer Service and the Director of
Engineering.
The Owner acknowledges and agrees that should they elect to proceed with the
installation of the private roadway or services prior to final Site Plan Approval for
A, B, C, D and/or E, that such works are done at their sole risk and the Owner
agrees to indemnify the City with respect to any claim or loss which may occur
as a result of such work. The cost of rectifying any works carried out will be the
sole responsibility of the Owner.
E. That application B2019-054 requesting permission to create an easement over lands
identified as Easement 2 on the Severance Sketch (being Part 2 on Reference Plan 58R-
18985) for the purpose of access and fire route in favour of Parcels A, C, D & E and
servicing (water) in favour of Parcels D & E; 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 Transfer Easement documents required to create the Easements being
approved herein shall include the following and shall be approved by the City
Solicitor, in consultation with the City's Director of Planning:
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 and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
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.
5. That the Owner make financial arrangements to the satisfaction of the City's
Director of Engineering for the removal of any redundant service connections and
installation of all new service connections that may be required for the severed and
retained lands, and works located within the private roadway.
6. A Servicing Plan showing outlets to the municipal servicing system along with the
sanitary and storm sewer design sheets will be required to the satisfaction of the
City's Director of Engineering.
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 for the retained lands.
8. That Minor Variance Application A2019-082 be finally approved.
9. That the Owner 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. Such
agreement shall be to the satisfaction of the City Solicitor and shall include the
following condition:
1) That prior to occupancy of any buildings on the severed or retained lands the
shared private roadway and any services contained within the easements which
have been created for these purposes, shall be designed and constructed to the
satisfaction of the City's Manager of Site Development and Customer Service, the
Director of Engineering, and the Chief Fire Official. All costs associated with the
private roadway including but not limited to design, construction, and
performance securities (to be administered in accordance with sections 4.2, 4.3
and 4.4 of the City's Performance Security Policy) shall be the responsibility of the
Owner.
The private roadway and services contained within the easements may be
constructed in phases, and in advance of development of the adjacent parcels, to
the satisfaction of the City's Manager of Development Review and Customer
Service and the Director of Engineering. The private roadway design shall be in
accordance with, and implement any approved Site Plan for Parcels A, B, C, D
and/or E.
Prior to construction of any portion of the private roadway and to the satisfaction
of the City's Manager of Site Development and Customer Service, Director of
Engineering and Chief Fire Official, the Owner agrees to submit and receive
approval of plans including but not limited to, Private Roadway `Site' Plan, Grading
and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan,
Stormwater Management Plan, and Emergency Fire Route Plan. Further, the
Owner agrees to implement the approved plans to the satisfaction of the City's
Manager of Development Review and Customer Service and the Director of
Engineering.
The Owner acknowledges and agrees that should they elect to proceed with the
installation of the private roadway or services prior to final Site Plan Approval for
A, B, C, D and/or E, that such works are done at their sole risk and the Owner
agrees to indemnify the City with respect to any claim or loss which may occur
as a result of such work. The cost of rectifying any works carried out will be the
sole responsibility of the Owner.
Katie Anderl, MICP, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Staff Repod
De velopment Services Department
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
REPORT
J
tax
www.kitchenerca
Committee of Adjustment
July 16, 2019
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Katie Anderl, Senior Planner— 519-741-2200 ext. 7987
#6
July 10, 2019
DSD -19-175
A2019-082, B2019-051, B2019-052, B2019-053, B2019-054
83 Elmsdale Drive
Owner — Novacore (83 Elmsdale) Inc.
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Planning Comments:
The subject lands are located at 83 Elmsdale Drive and are proposed to be developed with mix of
commercial and residential uses. This large site is being developed comprehensively, having a shared
private street connecting several separately owned parcels. The owner, NovaCore, previously
severed the lands into three parcels with various access and servicing easements. These parcels
have now been created and the deed registered. The subject applications seek to further subdivide
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Parcel C into Parcels C (severed), D (retained) & E (severed) as shown on the sketch above. These
parcels will all share access over the private driveway. New easements for access and servicing are
proposed over Parcels C and E, and the owner is proposing amendments to the existing easements
over Parcels A & B to reflect the proposed access and servicing for the new lots. The owner is also
requesting a minor variance to permit a lot width of 14.2 metres for proposed Parcel C.
The subject property is designated Mixed Use (with Specific Policy Area 31). The property is zoned
Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 649R, Special Use
Provision 436U and Holding Provision 71 H, under Zoning By-law 85-1 and MIX -1 (42) (7H) under
Zoning By-law 2019-051 (under appeal). The intent of the zones under both by-laws is to permit and
support development of the lands with a mix of commercial and residential uses.
Future severance of this site was anticipated as a likely scenario when the zoning and designation
were applied to the lands. The proposed Parcel and driveway configuration is in keeping with the
layout considered by the Master Plan endorsed by Council at the time the zoning and designation
were applied to the lands. The proposed size and shape of the parcels will allow for development
which will generally comply with the applicable regulations and policies, however a variance is required
to permit the width of Parcel C at Ottawa Street South.
A range of uses is permitted by the zoning for each of Parcels C, D and E, and a Holding Provision
continues to require Ministry acknowledgement of a Record of Site Condition, and that a Noise Study
be completed to the satisfaction of the Region prior to sensitive uses being permitted on the lands.
Development of each future Parcel will be subject to Site Plan Approval, and the parcels are proposed
to be addressed from the private street(s), which will be formally named through a future Council
approval.
Consent Applications:
The proposed consents result in parcels as follows:
Parcel C (severed) is proposed to have a width on Ottawa Street South of 14.2 metres, and
an area of 1.22 ha;
Parcel E (severed) is proposed to have a width on Ottawa Street South of 167.8 metres and
an area of 0.89 ha; and
Parcel D (retained) is proposed to have a width on Ottawa Street South 83.4 metres, and an
area of 0.55 ha.
In addition, the applicant is requesting easements over Parcels, A, B, C, and E for the purposes mutual
access, fire -routing, and servicing (water and sanitary) as shown in the table below.
Easement #:
Purpose:
In favour of Parcels:
1
(over Parcel A, & being Parts 5 & 7
on 58R-18985)
Access & Fire Route
B, C, D E
Servicing (water)
C, E
2
(over Parcel B, & being Part 2 on
58R-18985)
Access & Fire Route
A, C, D, E
Servicing (water)
D
3 (over Parcel C)
Access & Fire Route
A, B, D, E
Servicing (water
D
4 (over Parcel C)
Access & Fire Route
A, B, D, E
Servicing (water)
E
5 (over Parcel C)
Access & Fire Route
E
Servicing (water)
E
6 (over Parcel C)
Access & Fire Route
A, B, D, E
7 (over Parcel E)
Servicing (sanitary)
C, D
8 (over Parcel C)
Access & Fire Route
A, B, D, E
Servicing (sanitary)
D
From a Planning and Transportation Planning perspective staff is generally satisfied with the proposed
configuration of the Parcels C, D and E and are of the opinion that the orientation and width of the
shared private roadway is appropriate for a range of future uses and associated parcel configurations.
A Functional Servicing and Stormwater Management Report was submitted in support of the
applications. City and Regional staff have reviewed the report and are requesting that the applications
be deferred to allow additional time to work with the applicant to verify the servicing solution and to
confirm the size and location of the associated servicing easements over parcels C, D and E.
Based on the foregoing, staff recommend that the applications be deferred for a period of up to
3 months (October 15, 2019), but that they be permitted to return sooner.
Minor Variance Application:
A minor variance is requested for proposed Parcel C to permit a lot width of 14.2 metres, whereas the
Neighbourhood Shopping Centre Zone (C-2) of By-law 85-1 requires a minimum lot width of 30.0
metres, and the MIX -1 Zone of By-law 2019-051 (under appeal) required a minimum lot width of 15.0
metres.
Planning staff recommends that consideration of the requested variance be deferred until such time
as the associated consent applications are considered by the Committee.
Operations (Design and Development) Comments:
Parkland dedication for redevelopment of the parcels will be deferred to the Site Plan application process.
Parkland dedication will be calculated for each redevelopment parcel in response to detailed site plan
applications and according to the City's Parkland Dedication Policy.
Building Comments:
The Building Division has no objections to the proposed consent applications.
Transportation Services Comments:
Transportation Services has no objections to the proposed consent applications.
Engineering Services Comments:
Engineering Services staff has expressed to Planning staff that further review and consultation
with the applicant is required to confirm the width and locations of the requested servicing
easements. Engineering staff also acknowledge that the Region has raised concerns with the
proposed sanitary outlet, and request that consideration of the application be deferred.
At such time as the proposed easements are confirmed and the consent applications move
forward, staff anticipates comments and conditions as follows:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. The owner is required
to make satisfactory financial arrangements with the Engineering Division for the installation of
new service connections that may be required to service this property, all prior to severance
approval. Our records indicate sanitary, storm and water municipal services are currently
available to service this property. Any further enquiries in this regard should be directed to Jason
Brule (519-741-2200 ext. 7419).
Any new driveways are to be built to City of Kitchener standards. All works is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system and proposed easements will
be required to the satisfaction of the Engineering Division prior to severance approval.
As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction
As -Recorded Tracking Form is required to be filled out and submitted along with a digital
submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the
corresponding correct layer names and numbering system to the satisfaction of the Engineering
Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Region of Waterloo Comments:
Regional Staff request deferral of consent applications B2019-051 through B2019-054 due to
concerns with the proposed sanitary connection and would recommend that the owner/applicant
discuss with Regional/City Staff to ensure a proper sanitary sewer is installed. Detailed comments
are attached in Appendix A.
RECOMMENDATIONS:
That Applications A2019-082, B2019-051, B2019-052, B2019-053, and B2019-054 for a
period of up to 3 months (October 15, 2019), but that they be permitted to return sooner.
Katie Anderl, MICP, RPP
Senior Planner
Attachments:
Appendix A — Region of Waterloo Comments
Juliane von Westerholt, MCIP, RPP
Senior Planner
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
D20-20/19 KIT
September 10,
2019
Re: Comments for Consent Application B2019-051 through
B2019-054 and B2019-058 through B2019-063
Committee of Adjustment Hearing September 17, 2019
CITY OF KITCHENER
B2019-051 to B2019-054
83 Elmsdale Drive
Novacore (83 Elmsdale Dr.) Inc.
The subject applications were previously circulated in July 2019 and deferred to rectify
concerns between City and Regional staff regarding the sanitary servicing strategy for
the proposed site. The owner/applicant and Regional Staff have come to an agreement
on the proposed sanitary servicing strategy and the applications are moving forward to
propose further subdividing the existing Parcel `C' into Parcel `C', `D' and `E'.
Regional Comments:
Fee:
Regional Staff have received the required consent review fee.
Corridor Planning:
Regional Staff in consultation with the owner/applicant and the City of Kitchener have
discussed a new proposed sanitary sewer extension on Ottawa Street South in
association with the upcoming Regional Road reconstruction project. Regional Staff
have the following comments below:
Document Number: 3092415 Version: 1
A Functional Servicing and Stormwater Management Report was submitted by
WalterFedy (June 2019) was submitted in association with the severance of the
property at 83 Elmsdale Drive, Kitchener. A viable sanitary sewer outlet must be
provided for the proposed severed parcels, the existing sanitary sewer owned by
the Region of Waterloo for landfill leachate and gas extraction is not a viable
sanitary sewer connection for the proposed development at 83 Elmsdale Drive,
Kitchener.
• Consultation between all involved parties has occurred to facilitate a positive
sanitary sewer outlet for the proposed severance. The consensus moving
forward is to install a new sanitary sewer within the Ottawa Street South right of
way in association with the upcoming Ottawa Street South re -construction works;
currently scheduled for 2021-2022.
To facilitate the sanitary sewer construction in the Ottawa Street South re-
construction project the Region will require the following to be completed:
o A development Agreement between the owner/applicant, the Region of
Waterloo and the City of Kitchener to secure the implementation of the
sanitary sewer construction in the Ottawa street South re -construction
project.
o An approved Engineering Plan for the sanitary sewer extension, detailed
cost estimate associated with the sanitary sewer extension, and a bank
draft/letter of credit/certified cheque associated with the sanitary sewer
extension.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant enter into a development
agreement with the Region of Waterloo and City of Kitchener to secure the
implementation of the sanitary sewer construction in the Ottawa Street South re-
construction project. The agreement will include provisions to secure a detailed
engineering plan, cost estimate, and bank draft/letter of credit/certified cheque for
the sanitary sewer extension to the satisfaction of the Region.
*kII DIOR[.]
202 Montgomery Road
A & F Greenfield Homes Ltd.
The owner/applicant is proposing a residential lot severance to permit a semi-detached
dwelling.
Document Number: 3092415 Version: 1
Fee:
The owner/applicant must submit the consent review fee of $350.00 to the Region of
Waterloo prior to final approval of the consent application.
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 2019.
Environmental Noise:
The proposed residential units would have impacts from the environmental noise from
traffic on Highway 7. The owner/applicant is required to enter into a Registered
Development Agreement with the City of Kitchener to include the following noise
attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental
agreements for all residential dwelling units on the severed and retained lands:
a) The dwellings will be installed with forced air -ducted heating system suitably
sized and designed with provision of adding central air conditioning.
b) The following noise warning clause will be required to be included on all offers
of purchase, deeds and rental agreements for the building:
"The purchasers / tenants are advised this dwelling 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 Region of Waterloo and the Ministry of the Environmental,
Conservation and Parks (MECP)".
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 owner/applicant enter into a Registered
Development Agreement with the City of Kitchener to include the following noise
attenuation/warning clauses in all agreements of purchase and sale, lease and/or
Document Number: 3092415 Version: 1
rental agreements for all residential dwelling units on the severed and retained
lands:
a) The dwellings will be installed with forced air -ducted heating system
suitably sized and designed with provision of adding central air
conditioning.
b) The following noise warning clause will be required to be included on all
offers of purchase, deeds and rental agreements for the building:
"The purchasers / tenants are advised this dwelling 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 Region of Waterloo and the Ministry of the
Environmental, Conservation and Parks (MECP)".
B2019-059
269 Trillium Drive
1054558 Ontario Limited
The owner/applicant is requiring a severance to recognize a fire route as part of a Site
Plan approval.
Regional Staff have no concerns with the subject application.
B2019-060
39 Belmont Avenue W
The owner/applicant is proposing a severance for a residential lot.
Fee:
The owner/applicant must submit the consent review fee of $350.00 to the Region of
Waterloo prior to final approval of the consent application.
Water Services:
Regional Staff have no concern with the proposed application, however Staff advise the
following comments
The regional 450 mm dia watermain located on this section of Belmont has a unique
grandfathered history. There are numerous service connections located on this
Document Number: 3092415 Version: 1
Regional watermain from South Drive to Highland Road. Typically Regional Staff would
not allow new service connections onto a regional watermain.
The intent in the future is to construct two watermains one local and one regional. The
life expectancy is nearing the recommended age for this material type and date of
installation. 1950 is the install date - life expectancy for this diameter is 70 years and
therefore this watermain at 69 years old.
Regional Staff advise that since this road is a local road that discussions should occur
with the City of Kitchener to determine the best time to replace this watermain with their
assessment of the road and other infrastructure.
Regional Staff, considering all these factors, have no concerns with the addition of a
new connection.
Environmental Noise:
The subject lot was created as part of consent application B2017-005 and accordingly
the following noise attenuation measures and warning clauses will apply for both the
severed and retained lots, to comply with the conditions of registered agreement,
Instrument No. WR1101420 dated March 9, 2018:
a) That all units be constructed with a forced air -ducted heating system suitably
sized and designed to permit the future installation of a central air conditioning
system by the occupants.
b) That the purchasers / tenants are advised that sound levels due to increasing
road traffic on Belmont Avenue West may interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the City
of Kitchener and the Ministry of the Environment and Climate Change (MOECC).
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 City of Kitchener and the Environment and Climate Change
(MOECC).
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 owner/applicant enter into a Registered
Development Agreement with the City of Kitchener to include the following noise
attenuation/warning clauses in all agreements of purchase and sale, lease and/or
Document Number: 3092415 Version: 1
rental agreements for all residential dwelling units on the severed and retained
lands:
a) That all units be constructed with a forced air -ducted heating system
suitably sized and designed to permit the future installation of a central air
conditioning system by the occupants.
b) That the purchasers / tenants are advised that sound levels due to
increasing road traffic on Belmont Avenue West may interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the City of Kitchener and the Ministry of the Environment and
Climate Change (MOECC). 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 City of Kitchener and the Environment and Climate Change
(MOECC).
B2019-061
359 Alice Avenue
Ilya, Dragon and Ana Ilic
The owner/applicant is proposing a residential lot severance to permit a semi-detached
dwelling.
Fee:
The owner/applicant must submit the consent review fee of $350.00 to the Region of
Waterloo prior to final approval of the consent application.
Water Services:
Given the proximity to a 600 mm PVC regional watermain, the 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 2019
Dedicated Road Widening:
Regional Staff advise that a dedicated road widening of approximately 3.05m (10 feet)
will be required along entire property frontage on Victoria Street (RR #55) to comply
with ROP designated road width of 26.213m. An Ontario Land surveyor (OLA) would
determine the exact amount of widening to be conveyed. Also daylight triangles of
Document Number: 3092415 Version: 1
7.62m along the new property line(s) would be required at southeast property corner
along the new property line(s).
The draft reference plan, prepared by an OLS must be submitted for review and
approval prior to submitting the plan to Lands Registry office. Upon registration of the
Reference Plan, owner must provide their legal representative contact information who
must work with Region's Legal staff to complete the road dedication.
All costs associated with the road widening would be owner's responsibility and the
lands must be dedicated to the Region free of any contamination and encumbrances.
Encroachment:
The existing retaining wall on the subject lands will be encroaching into the Regional
lands to be dedicated and must be removed or relocated onto the private property. The
location of the relocation to the private property, of the retaining wall, must be provided
on the site grading plan as mentioned in the foregoing comments.
Stormwater Management Report/Site Grading:
Regional Staff advise that a copy of the SWM design report, if required by the City of
Kitchener, should be provided for review by the Regional staff. Alternatively, a brief
SWM letter from a qualified engineering consultant must be provided to the effect that
the proposed development would not have any impacts on the Regional storm system.
A detailed grading plan showing details of the existing and the proposed grades on the
lands abutting the Victoria Street (RR #55) right-of-way grades and the relocated
location of the wooden retaining wall must be provided for review and approval by the
Regional staff. The grading should be done compatible with the adjacent road grades
with 4 to 8% maximum grades within the Regional right-of-way.
Environmental Noise:
The proposed residential units would have impacts from the environmental noise from
traffic on Victoria Street South (RR#55). The owner/applicant is required to enter into a
Registered Development Agreement with the Region of Waterloo to include the
following noise attenuation/warning clauses in all agreements of purchase and sale,
lease and/or rental agreements for all residential dwelling units on the severed lands:
a) The dwellings will be installed with forced air -ducted heating system suitably
sized and designed with provision of adding central air conditioning.
b) The following noise warning clause will be required to be included on all offers of
purchase, deeds and rental agreements for the building:
Document Number: 3092415 Version: 1
"The purchasers / tenants are advised this dwelling 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
Region of Waterloo and the Ministry of the Environmental, Conservation and
Parks (MECP)".
"The purchasers / tenants are advised that sound levels due to increasing traffic
on Victoria Street may occasionally interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the Region of
Waterloo and the Ministry of the Environmental, Conservation and Parks
(MECP)
The proposed residential units would have impacts from the environmental noise from
traffic on Victoria Street South (RR#55). The owner/applicant is required to enter into a
Registered Development Agreement with the Region of Waterloo to include the
following noise attenuation/warning clauses in all agreements of purchase and sale,
lease and/or rental agreements for all residential dwelling units on the retained lands:
a) The dwellings will be installed with forced air -ducted heating system suitably
sized and designed with provision of adding central air conditioning.
b) The following noise warning clause will be required to be included on all offers of
purchase, deeds and rental agreements for the building:
"The purchasers / tenants are advised this dwelling 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
Region of Waterloo and the Ministry of the Environmental, Conservation and
Parks (MECP)".
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 owner/applicant complete the dedicated road
widening and daylight triangles to be conveyed to the Region.
3) That prior to final approval, the owner/applicant submit a Stormwater
Management brief and detailed grading plan to the satisfaction of the Region.
Document Number: 3092415 Version: 1
4) That prior to final approval, the owner/applicant enter into a Registered
Development Agreement with the Region of Waterloo to include the following
noise attenuation/warning clauses in all agreements of purchase and sale, lease
and/or rental agreements for all residential dwelling units on the severed lands:
a) The dwellings will be installed with forced air -ducted heating system suitably
sized and designed with provision of adding central air conditioning.
b) The following noise warning clause will be required to be included on all offers
of purchase, deeds and rental agreements for the building:
"The purchasers / tenants are advised this dwelling 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 Region of Waterloo and the Ministry of the Environmental,
Conservation and Parks (MECP)".
"The purchasers / tenants are advised that sound levels due to increasing
traffic on Victoria Street may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Region of Waterloo and the Ministry of the Environmental, Conservation and
Parks (MECP)".
5) That prior to final approval, the owner/applicant enter into a Registered
Development Agreement with the Region of Waterloo to include the following
noise attenuation/warning clauses in all agreements of purchase and sale, lease
and/or rental agreements for all residential dwelling units on the retained lands:
a) The dwellings will be installed with forced air -ducted heating system suitably
sized and designed with provision of adding central air conditioning.
b) The following noise warning clause will be required to be included on all offers
of purchase, deeds and rental agreements for the building:
"The purchasers / tenants are advised this dwelling 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 Region of Waterloo and the Ministry of the Environmental,
Conservation and Parks (MECP)".
Document Number: 3092415 Version: 1
Site Servicing/Work Permit/Municipal Consent:
Regional Staff advise that no servicing plan has been received with the above
application. A Municipal Consent will be required for the installation of any new/updated
service connections. Also, 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://rmowroadperm its. mirasan.ca/ for further guidance.
B2019-062
2727 Kingsway Drive
Lutheran Homes Kitchener -Waterloo
The owner/applicant is proposing a severance for mortgage purposes.
Fee:
The owner/applicant must submit the consent review fee of $350.00 to the Region of
Waterloo prior to final approval of the consent application.
Record of Site Condition:
The proposed retained and severed parcels are both identified as a Medium Threat in
the Region's Threats Inventory Database (TID). The proposed threat indicators are
associated with the Nursing Home and Extended Health Care on the subject lands. As
per the Region's Implementation Guidelines for the Review of Development
Applications on or Adjacent to Known and Potentially Contaminated Sites the subject
property would require a completed Record of Site Condition for both the severed and
retained parcels prior to final approval of the consent application as the proposal seeks
to divide a sensitive use into separate parcels of land that could be held in distinct and
separate ownership.
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 owner/applicant submit a Record of Site
Condition for both the severed and retained lands, acknowledged by the Ministry
of the Environment, Conservation and Parks, to the Region of Waterloo.
Document Number: 3092415 Version: 1
B2019-063
193 Louisa Street
Mohammad Gohari
The owner/applicant is proposing a residential lot severance to permit a semi-detached
dwelling.
Fee:
Regional Staff have received the required consent review fee.
Access Permit:
Regional Staff advise that an Access Permit application, with the required $230.00 fee,
will be required for the proposed access on Weber Street West (RR #08). Applications
for the permit are available at the following link:
https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf
Environmental Noise
The proposed development would have impacts from road traffic noise from traffic on
Weber Street West (RR #08) and rail noise / vibration from adjoining Region of
Waterloo railway line.
Regional Staff acknowledge that based on discussions with the City of Kitchener and
CN Railway that all parties are agreeable to waiving the requirement for a detailed noise
and vibration study. The owner/applicant may choose to undertake and implement a
noise and vibration study, however Regional Staff are recommending that the following
noise attenuation measures and warning clauses be implemented through a registered
agreement with the Region:
1) The owner further agrees that the following noise mitigation measures will be
provided in the subject development:
a) All exterior walls of the building/dwelling units will be constructed with brick
veneer (EW5) or higher acoustical equivalent with STC 54 or higher.
b) All building/dwelling units will be installed with windows and doors with
STC 37 or higher.
c) All building/dwelling will be installed with a forced air -ducted heating
system suitably sized and designed with provision of adding central air
conditioning.
Document Number: 3092415 Version: 1
d) The following noise warning clause will be required to be included on all
offers of purchase, deeds and rental agreements for the building / dwelling
units:
i) "Purchasers / tenants are advised that sound levels due to increasing
road traffic on Weber Street and Region of Waterloo Railway may
occasionally interfere with some activities of the dwelling occupants as
the sound levels exceed the sound level limits of the Region of
Waterloo and the Ministry of the Environment and Climate Change.
This dwelling 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 Region of Waterloo and the Ministry of the Environment
Conservation and Parks (MOECP).
ii) "Purchasers / tenants are advised that sound levels due to increasing
traffic on Weber Street and Region of Waterloo Railway may
occasionally interfere with some activities of the dwelling occupants as
the sound levels exceed the sound level limits of the Region of
Waterloo and the Ministry of the Environment Conservation and Parks
(MOECP)."
iii) "Warning: Region of Waterloo / Canadian National Railway Company
or its assigns or successors in interest has or have a rights-of-way
within 300 metres from the land the subject thereof. There may be
alterations to or expansions of the railway facilities on such rights-of-
way in the future including the possibility that the railway or its assigns
or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual
dwelling(s). CNR will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or under
the aforesaid rights-of-way."
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant obtain the required Regional
access permit.
2) That prior to final approval, the owner/applicant enter into a Registered
Development Agreement with the Region of Waterloo to include the following
Document Number: 3092415 Version: 1
noise attenuation/warning clauses in all agreements of purchase and sale, lease
and/or rental agreements for all residential dwelling units on the retained lands:
1) The owner further agrees that the following noise mitigation measures will be
provided in the subject development:
a) All exterior walls of the building/dwelling units will be constructed with brick
veneer (EW5) or higher acoustical equivalent with STC 54 or higher.
b) All building/dwelling units will be installed with windows and doors with
STC 37 or higher.
c) All building/dwelling will be installed with a forced air -ducted heating
system suitably sized and designed with provision of adding central air
conditioning.
d) The following noise warning clause will be required to be included on all
offers of purchase, deeds and rental agreements for the building / dwelling
units:
i) "Purchasers / tenants are advised that sound levels due to increasing
road traffic on Weber Street and Region of Waterloo Railway may
occasionally interfere with some activities of the dwelling occupants as
the sound levels exceed the sound level limits of the Region of
Waterloo and the Ministry of the Environment and Climate Change.
This dwelling 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 Region of Waterloo and the Ministry of the Environment
Conservation and Parks (MOECP).
ii) "Purchasers / tenants are advised that sound levels due to increasing
traffic on Weber Street and Region of Waterloo Railway may
occasionally interfere with some activities of the dwelling occupants as
the sound levels exceed the sound level limits of the Region of
Waterloo and the Ministry of the Environment Conservation and Parks
(MOECP)."
iii) "Warning: Region of Waterloo / Canadian National Railway Company
or its assigns or successors in interest has or have a rights-of-way
within 300 metres from the land the subject thereof. There may be
alterations to or expansions of the railway facilities on such rights-of-
way in the future including the possibility that the railway or its assigns
or successors as aforesaid may expand its operations, which
Document Number: 3092415 Version: 1
expansion may affect the living environment of the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual
dwelling(s). CNR will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or under
the aforesaid rights-of-way."
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 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff
reports, decisions and minutes pertaining to each of the consent applications noted
above. Should you require Regional Staff to be in attendance at the meeting or have
any questions, please do not hesitate to contact the undersigned.
Yours
/truly, �{ r
Matthew Colley
Planner
Document Number: 3092415 Version: 1
Region of Waterloo
July 05, 2019
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, Sth 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 No.: D20-20/VAR KIT GEN
(7) /08 KING KIT, SPORTSWORLD CROSSING AND
CHRISTIAN HORIZONS
(10, 11) /12, Charlie Ormston
Re: Committee of Adjustment Meeting on July 16, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1. SG 2019-014 — 150 Pioneer Drive — No Concerns.
2. SG 2019-015 — 2960 Kingsway Drive— No Concerns.
3. A 2019-059 — 364 Heritage Drive — No Concerns.
4. A 2019-060 — 72 Archer Place — No Concerns.
5. A 2019-061 — 15 Peter Street — No Concerns.
6.
A 2019-062 — 920 Keewatin Place —
No Concerns.
7.
A 2019-063 — 4278 King Street East
— No Concerns.
8.
A 2019-064 — 452 Prospect Avenue
— No Concerns.
9.
A 2019-065 — 456 Prospect Avenue
— No Concerns.
10.A
2019-066 to 073 — 74 to 122 Monarch Woods Drive — No Concerns.
11.A
2019-074 to 081 — 110 to 140 Ian Ormston Drive — No Concerns.
12.A 2019-082 — 83 Elmsdale Drive — No Concerns.
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
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 3050713
Page 1 of 2
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: September 9, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-082
83 Elmsdale Drive
A 2019-092
30 Dieppe Avenue
A 2019-093
155 Breckenridge Drive
A 2019-094
205 Strange Street
A 2019-095
43 Jack Avenue
A 2019-096
260 Frederick Street
A 2019-097
74 Ahrens Street West
A 2019-098
44 Breithaupt Street
A 2019-099
289 & 295 Sheldon Avenue North
A 2019-100
John Wallace Drive
A 2019-101
360 Rivertrail Avenue
A 2019-102
165 Fairway Drive Road North
A 2019-103
581 Strasburg Road
A 2019-104 & 105
193 Louisa Street
Applications for Consent:
B 2019-051 to 054 83 Elmsdale Drive
B 2019-058
202 Montgomery Road
B 2019-059
269 Trillium Drive
B 2019-060
39 Belmont Avenue West
B 2019-061
359 Alice Avenue
B 2019-062
2727 Kingsway Drive
B 2019-063
193 Louisa Street
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,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority
Holly Dyson
From:
Dianna Saunderson
Sent:
05 September, 2019 8:45 AM
To:
Katie Anderl
Cc:
Juliane vonWesterholt; Holly Dyson
Subject:
FW: Unfinished Business Agenda - B 2019-051 to B 2019-054 & A 2019-082 - 83
Elmsdale Drive
Hi Katie,
Please see the comments below from Hydro. Please forward to whomever you believe will require them.
Thanks,
Dianna Saunderson, AMP
Committee Administrator Corporate Services I City of Kitchener
519-741-2200 ext. 7277 TTY 1-866-969-9994 1 Dianna.Saunderson@kitchener.ca
From: Mustafa, Shevan <SMustafa@kwhydro.ca>
Sent: Thursday, August 29, 2019 1:17 PM
To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca>
Cc: Singh, Rupinder <RSingh@KWHydro.ca>
Subject: RE: Unfinished Business Agenda - B 2019-051 to B 2019-054 & A 2019-082 - 83 Elmsdale Drive
Hello Dianna,
Kitchener -Wilmot Hydro Inc. will require blanket easement on Parcel A, Parcel B, Parcel C, Parcel D and Parcel E on ACI's
drawing'Sev Sketch' dated 2019-08-08 to protect servicing and access rights.
I am aware you in contact with Rupinder Singh, please coordinate with him regarding blanket easement.
Regards,
Shevan Mustafa
From: Dianna.Saunderson@kitchener.ca <Dianna.Saunderson@kitchener.ca>
Sent: August -26-19 11:52 AM
To: RParent@regionofwaterloo.ca; MColley@regionofwaterloo.ca; Katie. Pietrzak@kitchener.ca;
Linda.Cooper@kitchener.ca; aherreman@grandriver.ca; Leslie.Collins@kitchener.ca; Aaron. McCrimmon-
Jones@kitchener.ca; Ashley. DeWitt@kitchener.ca; Mustafa, Shevan <SMustafa@kwhydro.ca>;
AKutler@regionofwaterloo.ca
Cc: Katie.Anderl@kitchener.ca; Juliane.vonWesterholt@kitchener.ca; HolIy.Dyson@kitchener.ca
Subject: Unfinished Business Agenda - B 2019-051 to B 2019-054 & A 2019-082 - 83 Elmsdale Drive
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Good Morning,
Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082
Applicant: Novacore (83 Elmsdale Dr.) Inc.
Property Location: 83 Elmsdale Drive
The above noted application was previously considered at the July 2019 Committee of Adjustment meeting. Since that
time the applicant has amended their easement requirements. Please see the attached letter and plans related to their
proposed changes. Nothing further will be coming regarding this application, please use the updated information when
providing your comments for the September 17, 2019 Committee of Adjustment meeting. If you have any questions,
please do not hesitate to ask.
Thank you,
Dianna Saunderson, AMP
Committee Administrator Corporate Services I City of Kitchener
519-741-2200 ext. 7277 TTY 1-866-969-9994 1 Dianna.Saunderson@kitchener.ca
CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom
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