HomeMy WebLinkAboutDSD-19-219 - B 2019-058 - 202 Mongomery RdStaff Repod
Development Services Department
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
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wwwkitchener. ca
Committee of Adjustment
September 17, 2019
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Brian Bateman, Senior Planner - 519-741-2200 ext. 7869
10
September 6, 2019
DSD -19-219
APPLICATION #: B2019-058
202 Montgomery
Applicant: A. & F. Greenfield Homes Ltd.
Approve with conditions
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Picture of Semi-detached Dwelling Under Construction at 202 Montgomery
Proposed Consent
REPORT
Planning Comments:
The subject property is located on the north side of Montgomery Road near Fairmont Road. The
subject property is zoned Residential Four Zone (R-6) in the Zoning By-law and designated Low
Rise Residential in the City's 2014 Official Plan. The property currently contains a semi-
detached dwelling under construction. Surrounding development of the neighbourhood consists
single, semi-detached and low rise multiple dwellings. Montgomery Park is situated across the
street.
The Owner is requesting permission to sever the subject lands into two lots to allow separate
ownership of each semi-detached unit. The severed and retained lots would each have lot
widths of 7.62 metres, a depth of 45.7 metres, and an area of 348 square metres.
City Planning staff conducted a site inspection of the property on August 28, 2019.
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning
Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and
shape of the proposed lots are suitable for the use of the lands and compatible with the
surrounding community. The lands front onto a public street and full services are available.
Based on the foregoing, Planning staff recommends that Consent Application B2019-058
requesting consent to sever the subject property into two lots to allow separate ownership of
each semi-detached unit be approved, subject to the conditions listed in the Recommendation
section of this report.
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Proposed Consent
REPORT
Planning Comments:
The subject property is located on the north side of Montgomery Road near Fairmont Road. The
subject property is zoned Residential Four Zone (R-6) in the Zoning By-law and designated Low
Rise Residential in the City's 2014 Official Plan. The property currently contains a semi-
detached dwelling under construction. Surrounding development of the neighbourhood consists
single, semi-detached and low rise multiple dwellings. Montgomery Park is situated across the
street.
The Owner is requesting permission to sever the subject lands into two lots to allow separate
ownership of each semi-detached unit. The severed and retained lots would each have lot
widths of 7.62 metres, a depth of 45.7 metres, and an area of 348 square metres.
City Planning staff conducted a site inspection of the property on August 28, 2019.
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning
Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and
shape of the proposed lots are suitable for the use of the lands and compatible with the
surrounding community. The lands front onto a public street and full services are available.
Based on the foregoing, Planning staff recommends that Consent Application B2019-058
requesting consent to sever the subject property into two lots to allow separate ownership of
each semi-detached unit be approved, subject to the conditions listed in the Recommendation
section of this report.
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Building Comments:
The Building Division has no objections to the proposed consent.
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
Environmental Planning requests the following conditions be included:
That the owner shall prepare a scoped Tree Preservation Plan focusing on the City -
owned street tree for the severed and retained lands in accordance with the City's Tree
Management Policy to be approved by the City's Director of Planning in consultation with
the City's Operation Division. Such plans shall include, among other matters, the
species, size, and condition of the street tree, and the identification of a proposed
building envelope/work zone including driveways and grades, measures for remediation
of any impacts of construction (e.g. soil compaction, physical damage).
2. The Owner further agrees to implement the approved plan. No changes to the said plan
shall be granted except with the prior approval of the City's Director of Planning. If the
plan is not implemented, and / or irreparable harm to the tree has occurred, or if the tree
has been removed, compensation for the replacement of the tree will be required to the
satisfaction of the Director of Parks and Cemeteries and in accordance with the
Development Manual.
Transportation Services Comments:
Transportation Services will require funds for a future sidewalk to be dedicated to the City of
Kitchener's Engineering Services for the entire frontage of the severed portion of 202
Montgomery Road.
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new services 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 Eric Riek (519-741-2200 ext. 7330).
• 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.
• 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.
• 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.
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Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as a new
development lot will be created. The cash -in -lieu dedication required is $3,505.20.
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (7.62m) at a land value of $9,200 per frontage meter.
A city owned tree is located in the boulevard of the subject property. The owner is required to:
• Show existing city owned vegetation on Removals/Demolition Plan or/Tree Management
Plan,
• Locate servicing/driveways in a location that avoids the tree where possible, or
• Replace the tree conforming to the Section M of the Development Manual (in
coordination with Urban Forestry/Engineering staff) at the owner's cost.
RECOMMENDATION:
That Application B2019-058 requesting consent to sever the subject property into two lots be
approved, subject to the following conditions:
That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of the
City's Revenue Division;
2. That the owner provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or .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, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
4. That the Owner pays cash -in -lieu of Parkland Dedication in the amount of $3, 505.20 to
the satisfaction of the Director of Operations.
5. That the Owner makes satisfactory arrangements with the Director of Engineering
regarding the provision of separate municipal services and driveway ramps to City
of Kitchener standards.
6. That the Owner makes satisfactory arrangements with the Director of Transportation
Planning regarding payment towards the future installation of sidewalks.
7. That the owner shall prepare a scoped Tree Preservation Plan focusing on the City -
owned street tree for the severed and retained lands in accordance with the City's
Tree Management Policy to be approved by the City's Director of Planning in
consultation with the City's Operation Division. Such plans shall include, among
other matters, the species, size, and condition of the street tree, and the
identification of a proposed building envelope/work zone including driveways and
grades, measures for remediation of any impacts of construction (e.g. soil
compaction, physical damage).
0
8. The Owner further agrees to implement the approved plan. No changes to the said
plan shall be granted except with the prior approval of the City's Director of
Planning. If the plan is not implemented, and / or irreparable harm to the tree has
occurred, or if the tree has been removed, compensation for the replacement of the
tree will be required to the satisfaction of the Director of Parks and Cemeteries and
in accordance with the Development Manual.
Brian Bateman MCIP, RPP
Senior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
A
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
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