Loading...
HomeMy WebLinkAboutDSD-19-224 - B 2019-063, A 2019-104 & A 2019-105 - 193 Louisa StStaff Report vex Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 17, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 10 DATE OF REPORT: September 6, 2019 REPORT NUMBER: DSD -19-224 SUBJECT: Applications B2019-063, A2019-104 & A2019-105 193 Louisa Street Owner — Mohammad Gohari Applicant — Victor Labreche, Labreche Patterson & Associates Inc. Approve with conditions i z„ 193 \ i v 56 Subject Property: 193 Louisa Street The new owner is proposing to demolish the existing duplex dwelling and construct a new semi- detached dwelling, with a driveway to Weber Street West and a driveway to Louisa Street. Planning staff understand that the existing building is not suitable for habitation. Staff Report KN NEx Development Services Department wwwkitchener.ca Application B2019-224 proposes to sever a lot with a width of 13.18 metres, a depth of 13.28- 22.64 metres, and a lot area of 237 square metres. The retained lot is proposed to have a lot width of 7.52 metres, a depth of 22.64-27.94 metres and a lot area of 190.0 square metres. Application A2019-104 requests relief from Section 40.3 to permit a rear yard setback for the severed lands of 2.4 metres whereas 7.5 metres is required. Application A2019-105 requests relief from Section 40.3 to permit a rear yard setback for the severed lands of 6.0 metres whereas 7.5 metres is required, and a lot area of 190 square metres whereas 235 square metres is required. Report: The subject property is designated Low Rise Residential in the City's Official Plan and zoned Residential Six Zone (R-6) in Zoning By-law 85-1. Minor Variance Applications In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General intent of the Official Plan The Low Rise Residential designation supports a full range of low density housing types including single detached, duplex, semi-detached, and low rise multiple dwellings. Policies also require that infill development complement existing buildings and contribute to neighbourhood character. The proposed semi-detached dwelling replaces the existing duplex dwelling which is not habitable. The requested variance will facilitate the proposed semi-detached dwelling, which is a low rise residential form of housing, and therefore the requested variances meet the general intent of the Official Plan. 2. General Intent of the Zoning By-law The intent of the rear yard setback is partly to ensure that there is adequate outdoor amenity space for the residents of the dwelling. The existing and proposed lots are irregularly shaped and the rear lot lines are not perpendicular to the front lot line, due to the orientation of the rail right of way adjacent to the rear lot line of the proposed lots. The minimum rear yard setback dimension is measured form the closest lot line and the actual rear yard is greater than the minimum dimension requested through the variance applications. While the resulting rear yards are smaller, they can each accommodate a small amenity space. The adjacent rail right of way provides adequate separation and buffering of the proposed lots from the closest property to the rear. The intent of the minimum lot area is to ensure that a dwelling and associated features, including parking, private amenity space, and landscape area, can be provided on a lot. The proposed retained lot, while undersized, can accommodate a dwelling, private driveway, off-street parking, and rear yard amenity. The large landscaped Weber Street right of way adjacent to the front of the proposed front yards appears to be part of the lot and will help to accommodate additional landscape and buffering from the street. Staff Repoil KN_ 16 URENER Development Services Department wwwkitchener.ca 3. Applications are Minor The requested minor variances are required as a new semi-detached dwelling building is proposed on an irregularly shaped lot. There are no additional dwelling units proposed and the new built form replaces an existing duplex that is not suitable for habitation and is currently vacant and not contributing to the community. It is therefore Planning staff's opinion that the variances are minor. 4. Applications are Appropriate Each of the proposed semi-detached dwelling units are adequately sized and positioned on future lots which function for the intended use. The property is located is adjacent to two street frontages and a rail right of way and has an irregular shape. The proposed semi-detached dwelling replaces the previous duplex use in a different low rise form and is therefore appropriate for the subject lands. Severance Application With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and both parcels of land can be serviced with independent and adequate service connections to municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. City Plan ning staff conducted a site inspection of the property on July 23, 2019. Existing Duplex Dwelling — 193 Louisa Street {R' c l . w6 Aim Existing Duplex Dwelling — 193 Louisa Street Staff Report Development Services Department wwwkitchener. c a Building Comments: The Building Division has no objections to the proposed consent and variances. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot — a building permit will be required for this work. Separate building permit(s) will also be required for the demolition of existing home, as well as construction of new buildings. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with the proposed severance and minor variance applications. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLs was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 193 Louisa Street is located within the Mt Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific conservation options. 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 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. 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. Staff Report KN x Development Services Department wwwkitchener.ca 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 $3,459.20. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (7.52m) at a land value of $9,200 per frontage meter. Environmental Planning Comments: A Vegetation Management and Existing Conditions Plan, prepared by MacKinnon & Associates, dated August 12, 2019 has been reviewed and approved by staff. The standard condition for the implementation of the approved plan is required, and the standard agreement is to be registered on title for the severed and retained lands. CN Comments (Provided at Pre -Submission): The current plan shows the living area being wrapped by the two garages and this design supports having the living area further away from the rail line. CN can waive the requirement for a noise and vibration study if specific construction standards are met. We would request STC 54 walls and STC 37 windows. Warning clause required in the City's development agreement to be registered on title. Regional Comments (Provided at Pre -Submission): Regional Staff conducted a site visit on July 16, 2019 to assess the potential impact of noise from the commercial property at 178 Louisa Street, which is just over 40 metres away from the proposed development. Regional Staff determined there was no audible hum emanating from the subject parcel at that time. However given the proximity of the commercial use, Regional Staff will require the owner/applicant to enter into an agreement with the Region to include a noise warning clause in all agreements of offers of purchase and sale, lease/rental agreements. The proposed development would have impacts from road traffic noise on Weber Street West (RR #08) and rail noise / vibration from the adjoining Region of Waterloo railway line. As per the Region's Noise Policy 3.3.8, Brick veneer (EW5) or acoustical equivalent is required for the exterior walls facing the railway within 100m of the railway and the Leq(24) at the plane of bedroom window exceeding 60dBA. The Railway has agreed to waive the requirement for rail noise and vibration study with the provision of all walls with STC 54 rating and windows with STC 37 which is also acceptable to the Region, keeping in view that the railway has more expertise in rail noise and vibration. Therefore, the owner may choose to undertake and implement a detailed Road and Rail Noise & Vibration study; or may alternatively opt to implement noise attenuation measures through a registered agreement with the Region. RECOMMENDATIONS: I. That Application A2019-104 requesting relief from Section 40.3 to permit a rear yard setback for the severed lands of 2.4 metres whereas 7.5 metres is required, be approved. Staff Report KN x Development Services Department wwwkitchener.ca II. That Application A2019-105 requesting relief from Section 40.3 to permit a rear yard setback for the severed lands of 6.0 metres whereas 7.5 metres is required, and a lot area of 190 square metres whereas 235 square metres is required, be approved. III. That Application B2019-224 proposing to sever a sever a lot with a width of 13.18 metres, a depth of 13.28-22.64 metres, and a lot area of 237 square metres, be approved, subject to the following conditions: 1. That Application A2019-104 receives full and final approval. 2. That Application A2019-105 receives full and final approval. 3. That the Owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner 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. 5. That the Owner shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City's Director of Planning. 6. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of all new service connections and the removal of redundant services to the retained lands. 7. That the Owner makes arrangements financial or otherwise for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 9. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 10. That the Owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 11. That the Owner provides Engineering staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the Owner. 12. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $3,459.20. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (7.52m) at a land value of $9,200 per frontage meter. 13. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: "a) That the Owner shall implement the approved Vegetation Management and Existing Conditions Plan, prepared by MacKinnon & Associates, dated August 12, 2019 for the severed and retained lands in accordance with the City's Tree Management Policy, prior to any grading, tree removal or the issuance of building permits. b) No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning in consultation with the Director of Operations. c) The Owner agrees that the City may seek compensation in the event of irreparable harm to a tree intended to be retained, in accordance with the City's Tree Management Policy." 14. That the owner either undertake and implement a detailed Road and Rail Noise & Vibration study, or may alternatively implement the following noise attenuation measures through a registered agreement with the Region. "The owner hereby indemnifies the Region of Waterloo/City of Kitchener/The Ministry of Environment, Parks and Conservation (MOECP), of any and all claims and complaints, whatsoever, arising as a result of environmental noise for any and all of the units proposed on 193 Louisa Street, in the City of Kitchener." "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." Staff Report KN x Development Services Department wwwkitchener.ca 15. That the owner/applicant to enter into an agreement with the Region to include the following noise warning clause in all agreements of offers of purchase and sale, lease/rental agreements for both the severed and retained lands: "Purchasers/tenants are advised that due to the proximity of the adjacent commercial facility, noise from the commercial facility may at times be audible." "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). "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)." "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." Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner 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 August 28, 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 (8) / VAR KIT, Martea Developments (11) / 53 FAIRWAY, 470088 Ontario Ltd Re: Committee of Adjustment Meeting on September 17, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-092 — 30 Dieppe Avenue— No Concerns. 2. A 2019-093 — 155 Breckenridge Drive — No Concerns. 3. A 2019-094 — 205 Strange Street — No Concerns. 4. A 2019-095 — 43 Jack Avenue — No Concerns. 5. A 2019-096 — 260 Frederick Street — The applicant must obtain a Regional access permit to legalize the existing access. 6. A 2019-097 — 74 Ahrens Street West — No Concerns. 7. A 2019-098 — 44 Breithaupt Street — No Concerns. 8. A 2019-099— 289 and 295 Sheldon Avenue North — No Concerns. 9. A 2019-100— John Wallace Drive (Townhouse Block 1) — No Concerns. 10. A 2019-101 — 360 River Trail Avenue — No Concerns. 11. A 2019-102 — 165 Fairway Road North — No Concerns. 12. A 2019-103 — 581 Strasburg Road — No Concerns. 13. A 2019-104 & A 2019-105— 193 Louisa Street — There would be no concerns to the minor variance applications subject to the condition that the recommendations of the noise study as required for the Consent application can be implemented. 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. Document Number: 3091880 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. 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