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HomeMy WebLinkAboutCA Agenda - 2019-09-17COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA September 17. 2019 - 10:00 a.m. COMBINED APPLICATIONS: 1. Submission No.: B 2019-019 Applicant: Alphabet Overland Self Storage Inc. Property Location: 49 Overland Drive Legal Description: Lot 12 and Part Lots 9, 11 & 16, Plan 791, being Parts 3 & 4 on Reference Plan 58R-1275 Permission to sever a parcel of land being irregular in shape having an approximate width on Overland Drive of 114m, an approximate depth of 85m and an area of 9,400 sq.m.; permission is also being requested to grant an irregular-shaped easement as outlined on the plan submitted with the subject application over the retained land in favour of the severed land for stormwater management. The retained land will have an approximate width on Overland Drive of 158m, an approximate depth of 139m and an area of 28,735 sq.m. A Self Storage/Warehouse use is proposed for the severed lot and a Contractor Yard and Stormwater Management Facility is proposed for the retained land. 2. Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 Applicant: Novacore (83 Elmsdale Dr.) Inc. Property Location: 83 Elmsdale Drive Legal Description: Part Lots 3 & 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3 Plan 1026 Permission to sever two parcels of land and retain one parcel for future mixed-use development. Permission is also being requested for various easements to facilitate the development. The development is subject to Site Plan approval application SP1 7/091 /E/KA. B 2019-051 & A 2019-082 - Future Parcel `C' on the plan submitted with the application Width on Ottawa Street: 14.2m Depth (not including driveway access): 73.7m Area: 1.21 Hectares Permission is also being requested to grant various easements as follows: Easement 3 on the plan submitted with the application in favour of parcels A, B, D and E for access and Parcel D for water; Easement 4 in favour of parcels A, B, D and E for access and Parcel E for water; Easement 5 in favour of Parcel E for access; and, Easement 6 in in favour of parcels A, B, D and E for access; Easement 8 in favour of Parcel D for sanitary. Permission is also being requested for a minor variance on future Parcel `C' to allow a lot width of 14.2m rather than the required 30m under the Zoning By-law in current force and effect/15m under the new Zoning By-law currently under appeal. PAGE 2 SEPTEMBER 17, 2019 B 2019-052 — Future Parcel `E' on the plan submitted with the application Width: 167.8m Depth 66.2m Area: 0.8937 Hectares Permission is also being requested to grant Easement 7 on the plan submitted with the application in favour of Parcels C and D for sanitary services. B 2019-053 - Parcel `A' on the plan submitted with the application Permission to grant an easement over Part 5 (Easement 1 approved previously through Consent Applications B 2018-017, B 2018-018 and B 2018-019) to update the servient and dominant lands and confirm the easement and its purpose being for access for Future Parcel `El. B 2019-054 - Parcel `B' on the plan submitted with the application Permission to grant an easement over Part 2 (Easement 2 approved previously through Consent Applications B 2018-017, B 2018-018 and B 2018-019) to update the servient and dominant lands and confirm the easement and its purpose being for access in favour of Parcels A, C, D and E; and, for water in favour of Parcel D. Retained Land - Future Parcel `D' on the plan submitted with the application Width on Ottawa Street: 83.4m Depth: 66.2m Area: 0.5517 Hectares THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594 As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY, September 17, 2019, commencing at 10:00 a.m. in the Council Chamber, 211d Floor, Kitchener City Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may attend this meeting. Please note this meeting is open to the public and may be recorded. Copies of written submissions and public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2019-092 - 30 Dieppe Avenue Permission to legalize an existing covered front porch exceeding 0.6m in height and mudroom addition in the front yard having a front yard setback of 3.25m, whereas the By-law requires a 5.5m minimum/7.5m maximum front yard setback. A 2019-093 - 155 Breckenridge Drive Permission to convert a vacant single -storey building into a two-storey health office having 7 off-street parking spaces rather than the required 21 off-street parking spaces; and, to permit a health office to occupy 100% of the Gross Floor Area (GFA) whereas the By-law permits a health office to occupy a maximum of 50% of the GFA. A 2019-094 - 205 Strange Street Permission to construct a new entrance and mudroom in the northerly side yard of an existing duplex dwelling having a side yard setback of 1.7m rather than the required 3m. A 2019-095 - 43 Jack Avenue Permission to allow a "Catering" use within an existing single detached dwelling whereas the By-law does not currently allow "Catering" as a permitted home business use. A 2019-096 - 260 Frederick Street Permission to legalize an existing duplex having a driveway width of 11.8m rather than the maximum permitted width of 6.4m; and, to allow the existing driveway to be comprised of three different materials whereas the By-law requires a driveway to be constructed from one consistent material. A 2019-097 - 74 Ahrens Street West Permission to legalize an existing 4-plex whereas the By-law permits a maximum of three dwelling units; having a rear yard setback of 4.63m rather than the required 7.5m; a northerly side yard setback of 0.26m rather than the required 1.2m; having off-street parking located between the facade and side lot line less than 3m, whereas the By-law does not permit parking between the facade and the side lot line with a setback less than 3m from the street line; to permit a parking lot having egress only in a rear motion whereas the By- law requires parking lots to have ingress and egress abilities; and, to provide 0 off-street barrier -free parking spaces rather than the required 1 off-street barrier -free parking space. Page 1 of 3 A 2019-098 - 44 Breithaupt Street Permission to legalize an existing second storey deck in the front yard of a single detached dwelling having a front yard setback of 1.35m rather than the required 6m. A 2019-099 - 289 & 295 Sheldon Avenue North Permission to construct a 36 -unit stacked townhouse development having a Floor Space Ratio (FSR) of 0.75 rather than the maximum FSR of 0.6; to permit a building height of 12.1 m rather than the maximum permitted height of 11.55m; and, a front yard setback of 5m rather than the required 6.62m. A 2019-100 - John Wallace Drive (Block 1, Registered Plan 58M-632) Permission to construct three multi -residential stacked townhouse buildings each containing 18 -units having 1.15 off-street parking spaces/per-unit (63 total off-street parking spaces) rather than the required 1.25 off- street parking spaces/per-unit; and, to have a 0.5m encroachment into the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT. A 2019-101 - 360 Rivertrail Avenue Permission for a single detached dwelling under construction to have a driveway located 7.93m from the intersection of Rivertrail Avenue and Valleybrook Drive, whereas a setback of 9m is required. A 2019-102 - 165 Fairway Road North Permission to convert an existing duplex into a multi -residential dwelling containing 7 units having an existing northerly side yard setback of Om rather than the required 2.5m; a southerly side yard setback of 2m rather than the required 2.5m; a rear yard setback of 0.1 m rather than the required 7.5m; and, to permit off-street parking between the front facade and the front lot line whereas the By-law does not permit parking between the front facade and the front lot line. A 2019-103 - 581 Strasburg Road Permission to construct a 2 -storey addition on an existing 3 -storey multi -residential dwelling, increasing the units from 21 to a total of 35 residential units having 35 off-street parking spaces (1.03 spaces/per unit) rather than the required 62 off-street parking spaces (1.75 spaces/per unit). B 2019-058 - 202 Montgomery Road Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.62m, a depth of 45.744m and an area of 348.57 sq.m. The retained land will have a width of 7.62m, a depth of 45.744m and an area of 348.57 sq.m. Permission to grant an easement/right-of-way having a width of 12.1 m, and an approximate depth of 90.84m in favour of the adjacent property municipally addressed as 299 Trillium Drive for the purpose of access. B 2019-060 - 39 Belmont Avenue West Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.58m, a depth of 42.88m and an area of 314 sq.m. The retained land will have a width of 7.59m, a depth of 45.6m and an area of 336 sq.m. B 2019-061 - 359 Alice Avenue Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width on Alice Avenue of 17.069m, a depth of 22.267m and an area of 435.5 sq.m. The retained land will have a width on Alice Avenue of 23.050m, a depth of 17.041 m and an area of 392.9 sq.m. Page 2 of 3 B 2019-062 - 2727 Kingsway Drive Permission to mortgage a residential care facility separately from the existing long-term care facility to facilitate repairs and maintenance of the facility. B 2019-063, A 2019-104 and A 2019-105 - 193 Louisa Street Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land identified as 'Parcel B' will have a width of 7.52m, a depth of 27.94m and an area of 190 sq.m. The retained land identified as 'Parcel A' will have a width of 13.18m, a depth of 22.6m and an area of 236 sq.m. Permission is also being requested for the retained land identified as 'Parcel A' on the plan submitted with the application to have a rear yard setback of 2.4m rather than the required 7.5m; and, for the severed land identified as 'Parcel B' on the plan submitted with the application to have a rear yard setback of 6m rather than the required 7.5m; and, a lot area of 190 sq.m. rather than the required 235 sq.m. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the calendar of events, see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Local Planning Appeal Tribunal LPAT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Holly Dyson at holly. dyson(a)kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 30th day of August, 2019. Dianna Saunderson Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON AUGUST 30, 2019. Page 3 of 3 Staff Report KArrER Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 17, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner - 519-741-2200 ext. 7843 WARD: 3 DATE OF REPORT: September 5, 2019 REPORT #: DSD -19-230 SUBJECT: APPLICATION #: B2019-019 49 Overland Drive Applicant: Dave Aston- MHBC Planning Defer Location Map: 49 Overland Drive REPORT Planning Comments: The subject property is zoned Heavy Industrial Zone (M-4) in the Zoning By-law and designated Heavy Industrial Employment & Natural Heritage Conservation in the City's 2014 Official Plan. The property received site plan approval in 2018 for a self -storage warehouse facility. As per the Official Plan (Section 6.C.2.9b) the applicant is required to demonstrate that vehicles and people have a way of safely entering and exiting the area in times of flooding. This has not been demonstrated by the applicant, and in discussions with the applicant this may require additional easements not specified in this application. Therefore, the application is premature and staff is recommending deferral. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of any existing buildings, as well as construction of any new industrial buildings Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: In addition to the consent application, a Site Plan application has also been received for this proposal. Environmental concerns will be address through the Site Plan process. Transportation Services Comments: Considering that funds for a future 1.5m sidewalk was taken through the site plan approval process, Transportation Services has no concerns with the proposed application. Engineering Comments: The proposed severance has changed from the approved Site Plan. Engineering will require updated Site Plan drawings for grading, servicing and stormwater management. Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate storm and water municipal services are currently available to service this property. The sanitary sewer on Overland Drive is required to be extended in order to achieve a positive outlet for the retained lands at the owner's sole expense. Any further enquiries in this regard should be directed to Trevor Jacobs (519-741-2200 ext. 7136). Easements are required in favor of the City over existing sanitary sewer infrastructure on the severed and retained lands. Operations Comments: Park land dedication will not be required for the application. Dedication requirements have been established through Site Plan Application SP18/038/O/LT. E RECOMMENDATION: That Application B2019-019 requesting consent to sever the subject property into two lots and grant an easement over the retained lands in favour of the severed lands be deferred for three months with the option to return sooner. Eric Schneider, BES Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner 3 Staff Report KArrER Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21St, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner - 519-741-2200 ext. 7843 WARD: 3 DATE OF REPORT: May 13th, 2019 REPORT #: DSD -19-127 SUBJECT: APPLICATION #: B2019-019 49 Overland Drive Applicant: Dave Aston- MHBC Planning Defer Location Map: 49 Overland Drive REPORT Planning Comments: The subject property is zoned Heavy Industrial Zone (M-4) in the Zoning By-law and designated Heavy Industrial Employment & Natural Heritage Conservation in the City's 2014 Official Plan. The property received site plan approval in 2018 for a self -storage warehouse facility. As per the Official Plan (Section 6.C.2.9b) the applicant is required to demonstrate that vehicles and people have a way of safely entering and exiting the area in times of flooding. This has not been demonstrated by the applicant, and in discussions with the applicant this may require additional easements not specified in this application. Therefore, the application is premature and staff is recommending deferral. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of any existing buildings, as well as construction of any new industrial buildings Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: In addition to the consent application, a Site Plan application has also been received for this proposal. Environmental concerns will be address through the Site Plan process. Transportation Services Comments: Considering that funds for a future 1.5m sidewalk was taken through the site plan approval process, Transportation Services has no concerns with the proposed application. Engineering Comments: The proposed severance has changed from the approved Site Plan. Engineering will require updated Site Plan drawings for grading, servicing and stormwater management. Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate storm and water municipal services are currently available to service this property. The sanitary sewer on Overland Drive is required to be extended in order to achieve a positive outlet for the retained lands at the owner's sole expense. Any further enquiries in this regard should be directed to Trevor Jacobs (519-741-2200 ext. 7136). Easements are required in favor of the City over existing sanitary sewer infrastructure on the severed and retained lands. Operations Comments: Park land dedication will not be required for the application. Dedication requirements have been established through Site Plan Application SP18/038/O/LT. E RECOMMENDATION: That Application B2019-019 requesting consent to sever the subject property into two lots and grant an easement over the retained lands in favour of the severed lands be deferred for three months with the option to return sooner. Eric Schneider, BES Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner 3 Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 File No. D20-20/19 KIT May 14, 2019 Re: Comments for Consent Application B2019-015 through B2019-023 Committee of Adjustment Hearing May 21, 2019 CITY OF KITCHENER *k11 pall N1 23 & 25 Wendy Crescent Yusuf Ishmail The owner/applicant is proposing a severance to allow for two separate parcels for an existing semi-detached dwelling. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Corridor Planning Regional Staff advise that the proposed severed and retained lots are located within the 6.Okm of outer area of airport zoning area; and located under the airport runway take -off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Document Number: 2999380 Version: 1 Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. :]KOI Da1Z [1 52 Wilhelm Street 4Front Design Build Partners The owner/applicant is proposing a severance to allow for two separate parcels to construct a two storey duplex on each lot. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Noise Study A detailed noise study will be required to assess the impacts of road traffic from Weber Street West (RR #08) and rail noise/vibration from CN Railway mainline that are in close proximity to the proposed development. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured as accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the owner/applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: Document Number: 2999380 Version: 1 https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-Standards/Noise- Assessment-Application--Fee-Form. Pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. B2019-017 177 Fifth Avenue c/o MHBC Planning The owner/applicant is proposing to sever the property into two lots. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2999380 Version: 1 B2019-018 69 Amherst Drive Owl Properties Incorporated The owner/applicant is proposing to sever the existing single detached residential lot from the balance of the land holding. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Archaeological Assessment: The subject property possesses some potential for the recovery of archaeological resources due to the proximity to an historic road and proximity to a water course (The Grand River). However, due to disturbance that has occurred on the subject property since the development of the original subdivision, Regional staff will not be requiring the submission of an Archaeological Assessment. However, the owner/applicant of the subject property should be made aware that: • If archaeological resources are discovered during the development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2999380 Version: 1 B2019-019 49 Overland Drive Alphabet Overland Self Storage Inc. The owner/applicant is proposing a severance for the creation a new industrial lot. The severed land is site plan approved for a self storage use. The retained land is proposed for a contractor yard. The owner/applicant requires an easement for stormwater management over the retained lands in favour of the severed lands. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Record of Site Condition The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination on the property. However, in accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is not required for the proposed severance. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2999380 Version: 1 B2019-020 28 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing a residential lot severance. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-021 through B2019-23 20-24 Breithaupt Street 2184647 Ontario Limited & Breithaupt Block Inc. The owner/applicant is proposing to sever the subject property due to construction financing requirements for the proposed Phase 3 development of the Breithaupt Block. B2019-021 is to sever the existing lot into two separate parcels. B2019-022 is to grant an easement between the severed properties in favour of the retained lands for access purposes. B2019-023 is to facilitate the granting of a lease over twenty-one (21) years. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent B2019-021. Document Number: 2999380 Version: 1 Record of Site Condition: The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination both on and adjacent to the property. In accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) would be required for the proposed consent applications. Regional Staff acknowledge that RSC #222924 was completed for the proposed severed and retained lands at 20-24 Breithaupt Street and filed with the Ministry of the Environment, Conservation and Parks on January 27, 2017. Regional Staff are satisfied with the submission of an RSC and have no further comments. Regional staff has no objection to the applications, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, / l Matthew Colley Planner Document Number: 2999380 Version: 1 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2761 ext. 2319 Trisha Hughes, Resource Planner Fax: (519) 621-4945 E-mail: thughes@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: GRCA FILE: September 9, 2019 B 2019-019 — 49 Overland Drive B2019-019 — 49 Overland Dr RE: Application for Consent B 2019-019 49 Overland Drive, City of Kitchener Alphabet Overland Self Storage Inc. GRCA COMMENT*: Grand River Conservation Authority (GRCA) staff recommend refusal of the above noted consent application as safe access is not available to the area in times of flooding. Please see our detailed comments below. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that a portion of the subject property is within the Riverine Flooding Hazard (floodplain) of Schneider Creek and its associated 5 metre regulated allowance. The floodplain is designated as a One Zone Policy Area, meaning that the entire floodplain is considered "floodway". The floodway is the portion of a floodplain where development could cause a danger to public health and safety and/or property. The property is also adjacent to Schneider Creek and its 15 metre regulated allowance. 2. Legislative/Policy Requirements and Implications: We understand that the applicant is proposing a severance to create a new vacant industrial lot with an easement for stormwater management. Provincial Policy Statement In 1995, the Ministry of Natural Resources (MNR) delegated the responsibility for municipal plan input and review for natural hazards to Conservation Authorities. This was further confirmed under the accompanying Memorandum of Understanding signed in 2001 by Conservation Ontario, the MNR, and the Ministry of Municipal Affairs and Housing. This means that the GRCA has the responsibility to review municipal policy documents and applications under the Planning Act to ensure that they are consistent with the natural hazards policies (Section 3.1) of the Provincial Policy Statement. In accordance with Provincial Policy Statement (2014) Section 3.1.2c: "Development and site alteration shall not be permitted within areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard." In the Provincial Policy Statement (2014) development is defined as: "Development means the creation of a new lot, a change in land use, or the construction of buildings and structures, requiring approval under the Planning Act, but does not include: Page 1 of 5 a. activities that create or maintain infrastructure authorized under an environmental assessment process; b. works subject to the Drainage Act; or c. for the purposes of policy 2.1.4(a), underground or surface mining of minerals or advanced exploration on mining lands in significant areas of mineral potential in Ecoregion 5E, where advanced exploration has the same meaning as under the Mining Act. Instead, those matters shall be subject to policy 2.1.5(a)." Safe Access Analysis In consideration of the above noted application, the GRCA has undertaken a review of the following supporting materials: • Letter re: 49 Overland Drive, Response to GRCA Initial Comments on Consent/Site Plan Applications, prepared by MHBC, dated July 9, 2019 • Technical Memo, prepared by GM BluePlan Engineering, dated July 5, 2019 The Technical Memo references and assesses the following definition of safe access found in the GRCA Policies for the Administration of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation — Ontario Regulation 150/06 (last revised October 23, 2015): "Safe Access means locations where during the Regulatory Flood, the flow velocity does not exceed 1.7 m/s, the product of depth and velocity does not exceed 0.4 m2/s, the depth of flooding along access routes to residential units does not exceed 0.8 metres or 1.2 metres along access routes to commercial or industrial buildings or structures, and the depth of flooding adjacent to residential units does not exceed 1.2 metres or 2.0 metre adjacent to commercial or industrial buildings or structures" (page 58). The Technical Memo further assesses safe access based on the Technical Guide — River & Stream Systems: Flooding Hazard Limit (Ontario Ministry of Natural Resources, 2002). Based on our review of the Technical Memo, GRCA staff find that the access from Overland Drive does not meet all components of the GRCA's definition of safe access (derived from the MNR Technical Guide) and does not meet all the MNR Technical Guidelines. Therefore, the site does not have safe access for people or vehicles. Please see below our detailed review comments on the Technical Memo. The safe access analysis provided in the Technical Memo is incomplete. The Technical Memo quotes specific wording from the MNR's Technical Guide, but not the entirety of the sentence or sections referenced making the analysis incomplete. The Technical Memo quotes section 3.1.2c of the Provincial Policy Statement noting, "...safe access appropriate for the nature of the development and the natural hazard", and defines the nature of development as a Contractor's yard and shop with no public access and not a large number of employees. The definition of safe access in GRCA's policies (noted above) has criteria for both residential and commercial/industrial uses. The `nature of the development' for this application is considered commercial/industrial uses. Based on the Technical Memo, one component of the safe access criteria, being the product of depth and velocity cannot be met regardless if you utilize the GRCA safe access definition or the MNR Technical Guide. The Technical Memo references the `3x3' rule (3ft depth x 3ft/s velocity = 9 ft2/s or 0.8m2/s) from the guide. Our definition is more conservative and uses the `2x2' rule (2ft depth x 2ft/s velocity = 4ft2/s or 0.4m2/s) that is also referenced in the MNR Technical Guide. Based on the information provided, both the 2x2 and the 3x3 rule cannot be Page 2 of 5 met for access along Overland Drive, as the product of depth and velocity calculated is 1.08 m2/s. The Technical Memo also references the product of depth and velocity of 1 M2 /s as an upper limit for adult male occupants in the flood plain. This was taken from the MNR Technical Guide, which states: "As a result, it is likely that the simple rule of 3 x 3 product (1 m2/s or 9 ft. 2/s) represents an upper limit for adult male occupants in the flood plain and that it would be reasonable to consider something lower as being more representative of a safe upper limit for most flood plain occupants." (appendix page 26). The MNR Technical Guide also notes that the product of depth and velocity of 1 m2/s, "applies to trained professionals whose regular work accustoms them to the dynamic forces of river flows, buoyant forces from partial submergence and recognition of potential hazards, e.g. rocks, depressions, etc. They also enter the stream with equipment which will assist them in maintaining stability, e.g. tag line, wading rod, strap -on cleats for greater stability" (MNR Technical Guide, appendix page 26). While it is unreasonable to base the safe access analysis solely on adult male occupants who are trained professionals with appropriate equipment, even this criterion is exceeded based on the product of depth and velocity calculated as 1.08 m2/s in the Technical Memo. Furthermore, it is stated in the Technical Memo that emergency vehicles would have safe access, however this analysis is based on the use of diesel fire vehicles with top exhausts. We received confirmation that the City does not own top exhaust diesel fire vehicles. The Technical Memo also does not consider ambulances/EMS vehicles. As such, emergency access would not be achievable through the floodplain along Overland Drive. An alternative access was considered through the gated railway tracks to Ardelt Place. It is our understanding that an access agreement would be required to consider this emergency access. At this time, we are unaware of any such agreement. Recommendation GRCA staff are still of the opinion that the proposed severance does not meet Provincial policy. Based on our review of the materials submitted to date, we understand that `safe access' is not available through the floodplain along Overland Drive, and agreements for emergency access via Ardelt Place have not been obtained. As such, we recommend refusal of the consent application as it will result in a new lot without safe access. Other Comments As an advisory comment, the City of Kitchener Official Plan (2014) states: "6.C.2.3. Development will generally be directed to areas outside of: a) natural hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards; and, b) natural hazardous sites. 6.C.2.4. Development and site alteration will not be permitted within: a) hazardous lands which are impacted by flooding hazards and/or erosion hazards; b) erosion access allowances, which will not be less than six metres; and c) hazardous sites" (page 6-3). It appears that the intent of the policies above is to prevent development in areas impacted by flooding hazards. In this case, the development is impacted by not having safe access to Page 3 of 5 the site in the event of flooding. The definition of "development" in the City of Kitchener Official Plan (2014) includes "the creation of a new lot". Further to the above, the City of Kitchener Official Plan provides exceptions for designated areas and land uses: "6.C.2.5. Notwithstanding Policy 6.C.2.4, development or site alteration may be permitted in hazardous lands and hazardous sites where; a) a special policy area has been approved by the Province; or b) the development is limited to land uses that, by their nature, must locate within the floodway, including flood and/or erosion control works, structures necessary for conservation, water supply, wastewater management, or minor additions or passive non-structural uses which do not affect flood flows; or c) a two -zone policy area has been designated to permit development or site alteration in the flood fringe, and the effects and risk to public safety are minor so as to be managed or mitigated in accordance with the Province's standards, as determined by the demonstration and achievement of all of the following: i) development or site alteration is carried out in accordance with floodproofing standards, protection works standards, and access standards; ii) vehicles and people have a way of safely entering and exiting the area during times of flooding, erosion and other emergencies; iii) new hazards are not created and existing hazards are not aggravated; and iv) no adverse environmental impacts will result" (page 6-4). Policy 6.C.2.5 does not apply to this application, as the property and access are within the One Zone floodplain. However, the Two Zone policies are more permissive than One Zone policies, and they require that it be demonstrated that vehicles and people have a way of safely entering and exiting the area during times of flooding. Section 6.C.2.10 of the City of Kitchener Official Plan states: "Further to Policy 6.C.2.8 and except as prohibited in Policies 6.C.2.4 and 6.C.2.5, development, redevelopment or site alteration may be permitted in those portions of natural hazardous lands and hazardous sites where the effects and risk to public safety are minor could be mitigated in accordance with the Province's standards, and where all of the following are demonstrated and achieved: a) development, redevelopment or site alteration is carried out in accordance with floodproofing standards, Protection Works Standards, and access standards; b) vehicles and people have a way of safely entering and exiting the area during the times of flooding, erosion and other emergencies; c) new hazards are not created and existing hazards are not aggravated; d) no adverse environmental impacts will result; and, e) a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Permit (Pursuant to Ontario Regulation 150/06) is issued by the Grand River Conservation Authority" (page 6-5). Based on the above, the consent application would not meet the more permissive policies applicable to Two Zone floodplain policy areas. It appears the intent is to prevent development in areas where vehicles and people do not have a way of safely entering and exiting the area during the times of flooding. Other Planning Act or Official Plan policies may apply. We trust the City of Kitchener will address these matters. Page 4 of 5 We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, risha Hughes Resource Planner Grand River Conservation Authority cc: Alphabet Overland Self Storage Inc., 120 Adelaide St W, Suite 803, PO Box 27, Toronto, ON M5H 1T1 Dave Aston, MHBC Planning (via email) * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Page 5 of 5 Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: REPORT J 1�r c i N ♦ F.R www.kitchener ca Committee of Adjustment September 17, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Katie Anderl, Senior Planner — 519-741-2200 ext. 7987 #6 September 9, 2019 DSD19-225 A2019-082, B2019-051, B2019-052, B2019-053, B2019-054 83 Elmsdale Drive Owner — Novacore (83 Elmsdale) Inc. Approve with Conditions �*4 � � } to be severed PART 6 3 J} .... ........ PSA PART r Parcel E �r f phy €] ; to be Severe C _ Parcel d 4.5937 Ha. ' T a t 3 to be Retained PC T5� 4.5517 Ha. ¢ EasemeM2 �6F Ea—f m' PART 5 sills Parcel 6• • aa. aa.w OG" 04. Easzmmt 7 - t °p�p, a ;eMpf —r Minor variance for Parcel C: Lot width of 14.2 m Planning Comments: The subject lands are located at 83 Elmsdale Drive and are proposed to be developed with mix of commercial and residential uses. This large site is being developed comprehensively, having a shared private street connecting several separately owned parcels. The owner, NovaCore, previously severed the lands into three parcels (A, B and C) with various access and servicing easements. These parcels have now been created and the deed registered. The subject applications seek to further subdivide Parcel C into Parcels C (severed), D (retained) & E (severed) as shown on the sketch above. These parcels will all share access over the private driveway. New easements for access and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. aw-as.p Ij*\i AAW ISO 4 +i Easer *n 4 dy PSA PART r Parcel E �r f phy €] ; to be Severe C _ Parcel d 4.5937 Ha. ' T a t 3 to be Retained PC T5� 4.5517 Ha. ¢ EasemeM2 �6F Ea—f m' PART 5 sills Parcel 6• • aa. aa.w OG" 04. Easzmmt 7 - t °p�p, a ;eMpf —r Minor variance for Parcel C: Lot width of 14.2 m Planning Comments: The subject lands are located at 83 Elmsdale Drive and are proposed to be developed with mix of commercial and residential uses. This large site is being developed comprehensively, having a shared private street connecting several separately owned parcels. The owner, NovaCore, previously severed the lands into three parcels (A, B and C) with various access and servicing easements. These parcels have now been created and the deed registered. The subject applications seek to further subdivide Parcel C into Parcels C (severed), D (retained) & E (severed) as shown on the sketch above. These parcels will all share access over the private driveway. New easements for access and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. servicing are proposed, and the owner is proposing amendments to the existing easements over Parcels A & B to reflect the proposed access and servicing for the new lots. The owner is also requesting a minor variance for proposed Parcel C to permit a lot width of 14.2 metres. The subject applications were deferred at the July 2019 meeting to provide time for City and Regional staff to work with the applicant verify the sanitary servicing solution and to confirm the size and location of the associated servicing easements over parcels C, D and E. The relevant parties have met and staff is now satisfied with the proposed servicing solution and access/servicing easements. To facilitate this development a new local sanitary sewer must be constructed on Ottawa Street South, and conditions of approval are recommended in this regard. As a result of these discussions, the applicant has amended the consent application for Parcel E to eliminate one of the previously requested easements (original easement 7), and Parcels D and E will now benefit from a servicing permissions over Easements 1 and 2, respectively. Easements are summarized in more detail in the table below. Consent Applications: The subject property is designated Mixed Use (with Specific Policy Area 31). The property is zoned Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 649R, Special Use Provision 436U and Holding Provision 71 H, under Zoning By-law 85-1 and MIX -1 (42) (7H) under Zoning By-law 2019-051 (under appeal). The intent of the zones under both by-laws is to permit and support development of the lands with a mix of commercial and residential uses. Future severance of the lands was anticipated as a likely scenario when the zoning and designation were applied to the lands. The proposed severances are in keeping with the configuration considered by the Master Plan, and the proposed location of the shared common driveway, which generally separates the parcels remains as planned. The proposed size and shape of the parcels will allow for development which will generally comply with the applicable regulations and policies, however a variance is required to permit the width of Parcel C at Ottawa Street South. A range of uses is permitted by the zoning for each of Parcels C, D and E, and the Holding Provision remains, and continues to require a Record of Site Condition, and a Noise Study to the satisfaction of the Region prior to sensitive uses being permitted on the lands. Development of each future Parcel will be subject to Site Plan Approval, and the parcels will be addressed from the private streets, which will be formally named through a future Council approval. The proposed consents result in parcels as follows: Parcel C (severed) is proposed to have a width on Ottawa Street South of 14.2 metres, and an area of 1.22 ha; Parcel E (severed) is proposed to have a width on Ottawa Street South of 167.8 metres and an area of 0.89 ha; and Parcel D (retained) is proposed to have a width on Ottawa Street South 83.4 metres, and an area of 0.55 ha. Through the previous Consent applications, which created Parcels A, B and C, the Owner entered into an agreement with the City to permit the shared private roadway to be constructed by the Owner in advance of development of the related Parcels. This agreement is registered on title and staff recommend that this is registered separately on title for new Parcels C, D and E. The applicant is requesting easements over Parcels, A, B, C, and E for the purposes mutual access, fire -routing, and servicing (water and sanitary) as follows: Easement #: Description/Dimensions: Purpose: In favour of Parcel(s): Access & Fire Route B, C, D, E 1 (over Parcel A) Part 5, 58R-18985 Servicing (water) C, D, E Access & Fire Route A, C, D, E 2 (over Parcel B) Part 7, 58R-18985 Servicing (water) D, E 5.05 m (wide) x 14.43 m Access & Fire Route A, B, D, E 3 (over Parcel C) (long) Area = 72.9 m2 Servicing (water) D 5.05 m (wide) x 112.06 m Access & Fire Route A, B, D, E 4 (over Parcel C) (long) Area = 565.9m2 Servicing (water) E 10.10 m (wide) x 56.66 m Access & Fire Route E 5 (over Parcel C) (long) Area = 572.3 m2 Servicing (water) E (east/west) 5.05 m (wide) x 69.00 m (long) 6 (over Parcel C) (north/south) 14.20 m Access & Fire Route A, B, D, E (wide) x 64.28 m (long) Area = 1261.2 m2 7.0 m (wide) x 14.2 m Access & Fire Route A, B, D, E 7 (over Parcel C) (long) Area — 99.4m2 Servicing (sanitary) D With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the dimensions and shapes of the proposed lots and easements are appropriate and suitable for the permitted use of the lands. The lands front on established public streets and all parcels of land can and will be serviced with independent and adequate service connections to municipal services. The severed and retained lots will comply with the minimum lot width and lot area requirements of the Zoning By-law, subject to the Committee granting approval of associated Minor Variance Application A2019-082. The proposed parcel fabric is consistent with the overall development concept contemplated by the Urban Design Brief adopted by City Council as part of the previous Zone Change and Official Plan Amendment approval process. Planning staff is of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, staff recommend that the proposed Consent Applications be approved, subject to conditions. Minor Variance Application: A minor variance is requested for proposed Parcel C to permit a lot width of 14.2 metres, whereas the Neighbourhood Shopping Centre Zone (C-2) of By-law 85-1 requires a minimum lot width of 30.0 metres, and the MIX -1 Zone of By-law 2019-051 (under appeal) required a minimum lot width of 15.0 metres. The subject parcel is irregularly shaped with the main developable area being located north of the shared private roadway and with frontage onto Ottawa Street South. The proposed 14.2 metre lot width is designed to accommodate the roadway width including drive -lanes, sidewalks on both sides. Landscaping and streetscape elements, including light standards, will be incorporated as part of the site design of future Parcels D & E. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. General Intent of the Official Plan The subject lands are designated Mixed Use with Specific Policy Area 31 in the Official Plan. The general intent of this designation is to permit the lands to be developed with a mix of residential and commercial uses in accordance with the general site development concept articulated in the Urban Design Guidelines. The proposed parcel fabric and width of Parcel C is in keeping with the general site layout approved at the time the designation was applied to the lands, and will support the creation of individual parcels which will contribute to the overall development of the site. Staff is of the opinion that the general intent of the designation is maintained. General Intent of the Zoning By-law The intent of the minimum lot width is to ensure sufficient frontage to accommodate permitted buildings and supporting uses such as driveways. Parcel C has been designed to incorporate the shared private roadway which provides access to a public road and represents the legal frontage. Buildings fronting onto Ottawa Street South will be located on Parcels D and E, which also flank the driveway. The main developable area of Parcel C is located towards the `back' of the site, and buildings will be designed to `front' onto the internal private roadway, creating a private streetscape. Planning and Transportation Services staff is of the opinion that the proposed lot width will accommodate the required private roadway facilities. Is the Variance Minor? Staff is of the opinion that the proposed variance is minor. The subject lot has been designed so that it is much wider at the back than near the street, and so buildings will front onto the private roadway. The variance results in a lot width that will accommodate the private road facilities, and represents only a 0.8 metre reduction from the MIX -1 zone of By-law 2019-051. Is the Variance Appropriate? Parcel 'C' has been designed to appropriately accommodate the width of the shared private driveway. The balance of the parcel is appropriately sized to accommodate a range of uses which are permitted by the zoning by-law and will be designed to front onto the private street, rather than onto the public street. Therefore, staff is of the opinion that the variance is appropriate for the development and use of the lands. Based on the foregoing, planning staff recommends that the application be approved Operations (Design and Development) Comments: Park land dedication for redevelopment of the parcels will be deferred to the Site Plan application process. At that time park land dedication will be calculated for each redevelopment parcel in response to detailed site plan applications and according to the City's Parkland Dedication Policy. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Transportation Services Comments: Transportation Services has no objections to the proposed consent applications. Engineering Services Comments: Engineering staff is satisfied with the easements proposed on each parcel of land in terms of location and widths for servicing. Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Katie Pietrzak (519-741-2200 ext.7135). Any new driveways are to be built to City and Regional standards, as appropriate. All work is at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. Region of Waterloo Comments: The subject applications were previously circulated in July 2019 and deferred to rectify concerns between City and Regional staff regarding the sanitary servicing strategy for the proposed site. The owner/applicant and Regional Staff have come to an agreement on the proposed sanitary servicing strategy and the applications are moving forward to propose further subdividing the existing Parcel `C' into Parcel `C', `D' and `E'. Corridor Planning: Regional Staff in consultation with the owner/applicant and the City of Kitchener have discussed a new proposed sanitary sewer extension on Ottawa Street South in association with the upcoming Regional Road reconstruction project. Regional Staff have the following comments below: • A Functional Servicing and Stormwater Management Report was submitted by Walter Fedy (June 2019) was submitted in association with the severance of the property at 83 Elmsdale Drive, Kitchener. A viable sanitary sewer outlet must be provided for the proposed severed parcels, the existing sanitary sewer owned by the Region of Waterloo for landfill leachate and gas extraction is not a viable sanitary sewer connection for the proposed development at 83 Elmsdale Drive, Kitchener. • Consultation between all involved parties has occurred to facilitate a positive sanitary sewer outlet for the proposed severance. The consensus moving forward is to install a new sanitary sewer within the Ottawa Street South right of way in association with the upcoming Ottawa Street South re -construction works; currently scheduled for 2021-2022. To facilitate the sanitary sewer construction in the Ottawa Street South re -construction project the Region will require the following to be completed: o A Development Agreement between the owner/applicant, the Region of Waterloo and the City of Kitchener to secure the implementation of the sanitary sewer construction in the Ottawa street South re -construction project. o An approved Engineering Plan for the sanitary sewer extension, detailed cost estimate associated with the sanitary sewer extension, and a bank draft/letter of credit/certified cheque associated with the sanitary sewer extension. RECOMMENDATIONS A. That Application A2019-082 requesting relief from: a. Section 8.2 of Zoning By-law 85-1 to permit a minimum lot width of 14.2 metres whereas 30.0 metres is required, be approved; and b. Section 8.3 — Table 8-2 (MIX -1) of Zoning By-law 2019-51 to permit a minimum lot width of 14.2 metres whereas 15.0 metre is required, be approved, subject to the following: i. This minor variance shall become effective only at such time as Zoning By- law 2019-51 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, and the variance shall be deemed to have come into force as of the date of this decision. B. That application B2019-051 requesting consent to sever a parcel of land having a width of 14.2 metres on Ottawa Street South and an area of 1.22 ha (shown as Parcel C on the severance sketch); and permission to grant easements over lands identified as Easement 3 on the Severance Sketch for the purpose of access and fire route in favour of Parcels A, B, D & E, and servicing (water) in favour of Parcel D; an easement over lands identified as Easement 4 on the Severance Sketch for the purpose of access and fire route in favour of Parcels A, B, D & E, and servicing (water) in favour of Parcel E; an easement over lands identified as Easement 5 on the Severance Sketch for the purpose of access and fire route in favour of Parcel E, and servicing (water) in favour of Parcel E; an easement over lands identified as Easement 6 on the Severance Sketch for access and fire route in favour of Parcels A, B, D & E; an easement over lands identified as Easement 7 on the Severance Sketch for the purpose of access and fire route in favour of Parcels A, B, D & E, and servicing (sanitary) in favour of Parcel D, be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the Easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the Owner make financial arrangements to the satisfaction of the City's Director of Engineering for the removal of any redundant service connections and installation of all new service connections that may be required for the severed and retained lands, and works located within the private roadway. 6. A Servicing Plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets will be required to the satisfaction of the City's Director of Engineering. 7. That the Owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 8. That Minor Variance Application A2019-082 be finally approved. 9. That prior to final approval, the Owner enter into a development agreement with the Region of Waterloo and City of Kitchener, to be prepared by the Region's Solicitor, in consultation with the City of Kitchener, to secure the implementation of the sanitary sewer construction in the Ottawa Street South re -construction project. The agreement will include provisions to secure a detailed engineering plan, cost estimate, and bank draft/letter of credit/certified cheque for the sanitary sewer extension to the satisfaction of the Region in consultation with the City's Director of Engineering. 10. That the Owner enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands. Such agreement shall be to the satisfaction of the City Solicitor and shall include the following condition: 1) That prior to occupancy of any buildings on the severed or retained lands the shared private roadway and any services contained within the easements which have been created for these purposes, shall be designed and constructed to the satisfaction of the City's Manager of Site Development and Customer Service, the Director of Engineering, and the Chief Fire Official. All costs associated with the private roadway including but not limited to design, construction, and performance securities (to be administered in accordance with sections 4.2, 4.3 and 4.4 of the City's Performance Security Policy) shall be the responsibility of the Owner. The private roadway and services contained within the easements may be constructed in phases, and in advance of development of the adjacent parcels, to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering. The private roadway design shall be in accordance with, and implement any approved Site Plan for Parcels A, B, C, D and/or E. Prior to construction of any portion of the private roadway and to the satisfaction of the City's Manager of Site Development and Customer Service, Director of Engineering and Chief Fire Official, the Owner agrees to submit and receive approval of plans including but not limited to, Private Roadway 'Site' Plan, Grading and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan, Stormwater Management Plan, and Emergency Fire Route Plan. Further, the Owner agrees to implement the approved plans to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering. The Owner acknowledges and agrees that should they elect to proceed with the installation of the private roadway or services prior to final Site Plan Approval for Parcels A, B, C, D and/or E, that such works are done at their sole risk and the Owner agrees to indemnify the City with respect to any claim or loss which may occur as a result of such work. The cost of rectifying any works carried out will be the sole responsibility of the Owner. C. That application B2019-052 requesting consent to sever a parcel of land having a width of 167.8 metres on Ottawa Street South and an area of 0.89 ha, shown as Parcel E on the severance sketch, be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the Easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the Owner make financial arrangements to the satisfaction of the City's Director of Engineering for the removal of any redundant service connections and installation of all new service connections that may be required for the severed and retained lands, and works located within the private roadway. 6. A Servicing Plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets will be required to the satisfaction of the City's Director of Engineering. 7. That the owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 8. That Minor Variance Application A2019-082 be finally approved. 9. That prior to final approval, the Owner enter into a development agreement with the Region of Waterloo and City of Kitchener, to be prepared by the Region's Solicitor, in consultation with the City of Kitchener, to secure the implementation of the sanitary sewer construction in the Ottawa Street South re -construction project. The agreement will include provisions to secure a detailed engineering plan, cost estimate, and bank draft/letter of credit/certified cheque for the sanitary sewer extension to the satisfaction of the Region in consultation with the City's Director of Engineering. 10. That the Owner enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands. Such agreement shall be to the satisfaction of the City Solicitor and shall include the following condition: 1) That prior to occupancy of any buildings on the severed or retained lands the shared private roadway and any services contained within the easements which have been created for these purposes, shall be designed and constructed to the satisfaction of the City's Manager of Site Development and Customer Service, the Director of Engineering, and the Chief Fire Official. All costs associated with the private roadway including but not limited to design, construction, and performance securities (to be administered in accordance with sections 4.2, 4.3 and 4.4 of the City's Performance Security Policy) shall be the responsibility of the Owner. The private roadway and services contained within the easements may be constructed in phases, and in advance of development of the adjacent parcels, to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering. The private roadway design shall be in accordance with, and implement any approved Site Plan for Parcels A, B, C, D and/or E. Prior to construction of any portion of the private roadway and to the satisfaction of the City's Manager of Site Development and Customer Service, Director of Engineering and Chief Fire Official, the Owner agrees to submit and receive approval of plans including but not limited to, Private Roadway 'Site' Plan, Grading and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan, Stormwater Management Plan, and Emergency Fire Route Plan. Further, the Owner agrees to implement the approved plans to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering. The Owner acknowledges and agrees that should they elect to proceed with the installation of the private roadway or services prior to final Site Plan Approval for A, B, C, D and/or E, that such works are done at their sole risk and the Owner agrees to indemnify the City with respect to any claim or loss which may occur as a result of such work. The cost of rectifying any works carried out will be the sole responsibility of the Owner. D. That application B2019-053 requesting permission to create an easement over lands identified as Easement 1 on the Severance Sketch (being Parts 5 & 7 on Reference Plan 58R-18985) for the purpose of access and fire route in favour of Parcels B, C, D & E and servicing (water) in favour of Parcels C, D & E; be approved subject to the following conditions: That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the Easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the Owner make financial arrangements to the satisfaction of the City's Director of Engineering for the removal of any redundant service connections and installation of all new service connections that may be required for the severed and retained lands, and works located within the private roadway. 6. A Servicing Plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets will be required to the satisfaction of the City's Director of Engineering. 7. That the owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 8. That Minor Variance Application A2019-082 be finally approved. 9. That the Owner enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands. Such agreement shall be to the satisfaction of the City Solicitor and shall include the following condition: 1) That prior to occupancy of any buildings on the severed or retained lands the shared private roadway and any services contained within the easements which have been created for these purposes, shall be designed and constructed to the satisfaction of the City's Manager of Site Development and Customer Service, the Director of Engineering, and the Chief Fire Official. All costs associated with the private roadway including but not limited to design, construction, and performance securities (to be administered in accordance with sections 4.2, 4.3 and 4.4 of the City's Performance Security Policy) shall be the responsibility of the Owner. The private roadway and services contained within the easements may be constructed in phases, and in advance of development of the adjacent parcels, to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering. The private roadway design shall be in accordance with, and implement any approved Site Plan for Parcels A, B, C, D and/or E. Prior to construction of any portion of the private roadway and to the satisfaction of the City's Manager of Site Development and Customer Service, Director of Engineering and Chief Fire Official, the Owner agrees to submit and receive approval of plans including but not limited to, Private Roadway `Site' Plan, Grading and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan, Stormwater Management Plan, and Emergency Fire Route Plan. Further, the Owner agrees to implement the approved plans to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering. The Owner acknowledges and agrees that should they elect to proceed with the installation of the private roadway or services prior to final Site Plan Approval for A, B, C, D and/or E, that such works are done at their sole risk and the Owner agrees to indemnify the City with respect to any claim or loss which may occur as a result of such work. The cost of rectifying any works carried out will be the sole responsibility of the Owner. E. That application B2019-054 requesting permission to create an easement over lands identified as Easement 2 on the Severance Sketch (being Part 2 on Reference Plan 58R- 18985) for the purpose of access and fire route in favour of Parcels A, C, D & E and servicing (water) in favour of Parcels D & E; be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the Easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the Owner make financial arrangements to the satisfaction of the City's Director of Engineering for the removal of any redundant service connections and installation of all new service connections that may be required for the severed and retained lands, and works located within the private roadway. 6. A Servicing Plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets will be required to the satisfaction of the City's Director of Engineering. 7. That the owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 8. That Minor Variance Application A2019-082 be finally approved. 9. That the Owner enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands. Such agreement shall be to the satisfaction of the City Solicitor and shall include the following condition: 1) That prior to occupancy of any buildings on the severed or retained lands the shared private roadway and any services contained within the easements which have been created for these purposes, shall be designed and constructed to the satisfaction of the City's Manager of Site Development and Customer Service, the Director of Engineering, and the Chief Fire Official. All costs associated with the private roadway including but not limited to design, construction, and performance securities (to be administered in accordance with sections 4.2, 4.3 and 4.4 of the City's Performance Security Policy) shall be the responsibility of the Owner. The private roadway and services contained within the easements may be constructed in phases, and in advance of development of the adjacent parcels, to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering. The private roadway design shall be in accordance with, and implement any approved Site Plan for Parcels A, B, C, D and/or E. Prior to construction of any portion of the private roadway and to the satisfaction of the City's Manager of Site Development and Customer Service, Director of Engineering and Chief Fire Official, the Owner agrees to submit and receive approval of plans including but not limited to, Private Roadway `Site' Plan, Grading and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan, Stormwater Management Plan, and Emergency Fire Route Plan. Further, the Owner agrees to implement the approved plans to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering. The Owner acknowledges and agrees that should they elect to proceed with the installation of the private roadway or services prior to final Site Plan Approval for A, B, C, D and/or E, that such works are done at their sole risk and the Owner agrees to indemnify the City with respect to any claim or loss which may occur as a result of such work. The cost of rectifying any works carried out will be the sole responsibility of the Owner. Katie Anderl, MICP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Staff Repod De velopment Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: REPORT J tax www.kitchenerca Committee of Adjustment July 16, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Katie Anderl, Senior Planner— 519-741-2200 ext. 7987 #6 July 10, 2019 DSD -19-175 A2019-082, B2019-051, B2019-052, B2019-053, B2019-054 83 Elmsdale Drive Owner — Novacore (83 Elmsdale) Inc. Defer + A4G f aa�rt � f •ParcelA • PART E�®ment � } ?0 a OMQ (Lr) ` l r Planning Comments: The subject lands are located at 83 Elmsdale Drive and are proposed to be developed with mix of commercial and residential uses. This large site is being developed comprehensively, having a shared private street connecting several separately owned parcels. The owner, NovaCore, previously severed the lands into three parcels with various access and servicing easements. These parcels have now been created and the deed registered. The subject applications seek to further subdivide *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Parcel C into Parcels C (severed), D (retained) & E (severed) as shown on the sketch above. These parcels will all share access over the private driveway. New easements for access and servicing are proposed over Parcels C and E, and the owner is proposing amendments to the existing easements over Parcels A & B to reflect the proposed access and servicing for the new lots. The owner is also requesting a minor variance to permit a lot width of 14.2 metres for proposed Parcel C. The subject property is designated Mixed Use (with Specific Policy Area 31). The property is zoned Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 649R, Special Use Provision 436U and Holding Provision 71 H, under Zoning By-law 85-1 and MIX -1 (42) (7H) under Zoning By-law 2019-051 (under appeal). The intent of the zones under both by-laws is to permit and support development of the lands with a mix of commercial and residential uses. Future severance of this site was anticipated as a likely scenario when the zoning and designation were applied to the lands. The proposed Parcel and driveway configuration is in keeping with the layout considered by the Master Plan endorsed by Council at the time the zoning and designation were applied to the lands. The proposed size and shape of the parcels will allow for development which will generally comply with the applicable regulations and policies, however a variance is required to permit the width of Parcel C at Ottawa Street South. A range of uses is permitted by the zoning for each of Parcels C, D and E, and a Holding Provision continues to require Ministry acknowledgement of a Record of Site Condition, and that a Noise Study be completed to the satisfaction of the Region prior to sensitive uses being permitted on the lands. Development of each future Parcel will be subject to Site Plan Approval, and the parcels are proposed to be addressed from the private street(s), which will be formally named through a future Council approval. Consent Applications: The proposed consents result in parcels as follows: Parcel C (severed) is proposed to have a width on Ottawa Street South of 14.2 metres, and an area of 1.22 ha; Parcel E (severed) is proposed to have a width on Ottawa Street South of 167.8 metres and an area of 0.89 ha; and Parcel D (retained) is proposed to have a width on Ottawa Street South 83.4 metres, and an area of 0.55 ha. In addition, the applicant is requesting easements over Parcels, A, B, C, and E for the purposes mutual access, fire -routing, and servicing (water and sanitary) as shown in the table below. Easement #: Purpose: In favour of Parcels: 1 (over Parcel A, & being Parts 5 & 7 on 58R-18985) Access & Fire Route B, C, D E Servicing (water) C, E 2 (over Parcel B, & being Part 2 on 58R-18985) Access & Fire Route A, C, D, E Servicing (water) D 3 (over Parcel C) Access & Fire Route A, B, D, E Servicing (water D 4 (over Parcel C) Access & Fire Route A, B, D, E Servicing (water) E 5 (over Parcel C) Access & Fire Route E Servicing (water) E 6 (over Parcel C) Access & Fire Route A, B, D, E 7 (over Parcel E) Servicing (sanitary) C, D 8 (over Parcel C) Access & Fire Route A, B, D, E Servicing (sanitary) D From a Planning and Transportation Planning perspective staff is generally satisfied with the proposed configuration of the Parcels C, D and E and are of the opinion that the orientation and width of the shared private roadway is appropriate for a range of future uses and associated parcel configurations. A Functional Servicing and Stormwater Management Report was submitted in support of the applications. City and Regional staff have reviewed the report and are requesting that the applications be deferred to allow additional time to work with the applicant to verify the servicing solution and to confirm the size and location of the associated servicing easements over parcels C, D and E. Based on the foregoing, staff recommend that the applications be deferred for a period of up to 3 months (October 15, 2019), but that they be permitted to return sooner. Minor Variance Application: A minor variance is requested for proposed Parcel C to permit a lot width of 14.2 metres, whereas the Neighbourhood Shopping Centre Zone (C-2) of By-law 85-1 requires a minimum lot width of 30.0 metres, and the MIX -1 Zone of By-law 2019-051 (under appeal) required a minimum lot width of 15.0 metres. Planning staff recommends that consideration of the requested variance be deferred until such time as the associated consent applications are considered by the Committee. Operations (Design and Development) Comments: Parkland dedication for redevelopment of the parcels will be deferred to the Site Plan application process. Parkland dedication will be calculated for each redevelopment parcel in response to detailed site plan applications and according to the City's Parkland Dedication Policy. Building Comments: The Building Division has no objections to the proposed consent applications. Transportation Services Comments: Transportation Services has no objections to the proposed consent applications. Engineering Services Comments: Engineering Services staff has expressed to Planning staff that further review and consultation with the applicant is required to confirm the width and locations of the requested servicing easements. Engineering staff also acknowledge that the Region has raised concerns with the proposed sanitary outlet, and request that consideration of the application be deferred. At such time as the proposed easements are confirmed and the consent applications move forward, staff anticipates comments and conditions as follows: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Jason Brule (519-741-2200 ext. 7419). Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Region of Waterloo Comments: Regional Staff request deferral of consent applications B2019-051 through B2019-054 due to concerns with the proposed sanitary connection and would recommend that the owner/applicant discuss with Regional/City Staff to ensure a proper sanitary sewer is installed. Detailed comments are attached in Appendix A. RECOMMENDATIONS: That Applications A2019-082, B2019-051, B2019-052, B2019-053, and B2019-054 for a period of up to 3 months (October 15, 2019), but that they be permitted to return sooner. Katie Anderl, MICP, RPP Senior Planner Attachments: Appendix A — Region of Waterloo Comments Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 D20-20/19 KIT September 10, 2019 Re: Comments for Consent Application B2019-051 through B2019-054 and B2019-058 through B2019-063 Committee of Adjustment Hearing September 17, 2019 CITY OF KITCHENER B2019-051 to B2019-054 83 Elmsdale Drive Novacore (83 Elmsdale Dr.) Inc. The subject applications were previously circulated in July 2019 and deferred to rectify concerns between City and Regional staff regarding the sanitary servicing strategy for the proposed site. The owner/applicant and Regional Staff have come to an agreement on the proposed sanitary servicing strategy and the applications are moving forward to propose further subdividing the existing Parcel `C' into Parcel `C', `D' and `E'. Regional Comments: Fee: Regional Staff have received the required consent review fee. Corridor Planning: Regional Staff in consultation with the owner/applicant and the City of Kitchener have discussed a new proposed sanitary sewer extension on Ottawa Street South in association with the upcoming Regional Road reconstruction project. Regional Staff have the following comments below: Document Number: 3092415 Version: 1 A Functional Servicing and Stormwater Management Report was submitted by WalterFedy (June 2019) was submitted in association with the severance of the property at 83 Elmsdale Drive, Kitchener. A viable sanitary sewer outlet must be provided for the proposed severed parcels, the existing sanitary sewer owned by the Region of Waterloo for landfill leachate and gas extraction is not a viable sanitary sewer connection for the proposed development at 83 Elmsdale Drive, Kitchener. • Consultation between all involved parties has occurred to facilitate a positive sanitary sewer outlet for the proposed severance. The consensus moving forward is to install a new sanitary sewer within the Ottawa Street South right of way in association with the upcoming Ottawa Street South re -construction works; currently scheduled for 2021-2022. To facilitate the sanitary sewer construction in the Ottawa Street South re- construction project the Region will require the following to be completed: o A development Agreement between the owner/applicant, the Region of Waterloo and the City of Kitchener to secure the implementation of the sanitary sewer construction in the Ottawa street South re -construction project. o An approved Engineering Plan for the sanitary sewer extension, detailed cost estimate associated with the sanitary sewer extension, and a bank draft/letter of credit/certified cheque associated with the sanitary sewer extension. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant enter into a development agreement with the Region of Waterloo and City of Kitchener to secure the implementation of the sanitary sewer construction in the Ottawa Street South re- construction project. The agreement will include provisions to secure a detailed engineering plan, cost estimate, and bank draft/letter of credit/certified cheque for the sanitary sewer extension to the satisfaction of the Region. *kII DIOR[.] 202 Montgomery Road A & F Greenfield Homes Ltd. The owner/applicant is proposing a residential lot severance to permit a semi-detached dwelling. Document Number: 3092415 Version: 1 Fee: The owner/applicant must submit the consent review fee of $350.00 to the Region of Waterloo prior to final approval of the consent application. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Environmental Noise: The proposed residential units would have impacts from the environmental noise from traffic on Highway 7. The owner/applicant is required to enter into a Registered Development Agreement with the City of Kitchener to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the severed and retained lands: a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building: "The purchasers / tenants are advised this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the owner/applicant enter into a Registered Development Agreement with the City of Kitchener to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or Document Number: 3092415 Version: 1 rental agreements for all residential dwelling units on the severed and retained lands: a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building: "The purchasers / tenants are advised this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". B2019-059 269 Trillium Drive 1054558 Ontario Limited The owner/applicant is requiring a severance to recognize a fire route as part of a Site Plan approval. Regional Staff have no concerns with the subject application. B2019-060 39 Belmont Avenue W The owner/applicant is proposing a severance for a residential lot. Fee: The owner/applicant must submit the consent review fee of $350.00 to the Region of Waterloo prior to final approval of the consent application. Water Services: Regional Staff have no concern with the proposed application, however Staff advise the following comments The regional 450 mm dia watermain located on this section of Belmont has a unique grandfathered history. There are numerous service connections located on this Document Number: 3092415 Version: 1 Regional watermain from South Drive to Highland Road. Typically Regional Staff would not allow new service connections onto a regional watermain. The intent in the future is to construct two watermains one local and one regional. The life expectancy is nearing the recommended age for this material type and date of installation. 1950 is the install date - life expectancy for this diameter is 70 years and therefore this watermain at 69 years old. Regional Staff advise that since this road is a local road that discussions should occur with the City of Kitchener to determine the best time to replace this watermain with their assessment of the road and other infrastructure. Regional Staff, considering all these factors, have no concerns with the addition of a new connection. Environmental Noise: The subject lot was created as part of consent application B2017-005 and accordingly the following noise attenuation measures and warning clauses will apply for both the severed and retained lots, to comply with the conditions of registered agreement, Instrument No. WR1101420 dated March 9, 2018: a) That all units be constructed with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. b) That the purchasers / tenants are advised that sound levels due to increasing road traffic on Belmont Avenue West may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the City of Kitchener and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the City of Kitchener and the Environment and Climate Change (MOECC). Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the owner/applicant enter into a Registered Development Agreement with the City of Kitchener to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or Document Number: 3092415 Version: 1 rental agreements for all residential dwelling units on the severed and retained lands: a) That all units be constructed with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. b) That the purchasers / tenants are advised that sound levels due to increasing road traffic on Belmont Avenue West may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the City of Kitchener and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air - ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the City of Kitchener and the Environment and Climate Change (MOECC). B2019-061 359 Alice Avenue Ilya, Dragon and Ana Ilic The owner/applicant is proposing a residential lot severance to permit a semi-detached dwelling. Fee: The owner/applicant must submit the consent review fee of $350.00 to the Region of Waterloo prior to final approval of the consent application. Water Services: Given the proximity to a 600 mm PVC regional watermain, the applicant should be made aware that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019 Dedicated Road Widening: Regional Staff advise that a dedicated road widening of approximately 3.05m (10 feet) will be required along entire property frontage on Victoria Street (RR #55) to comply with ROP designated road width of 26.213m. An Ontario Land surveyor (OLA) would determine the exact amount of widening to be conveyed. Also daylight triangles of Document Number: 3092415 Version: 1 7.62m along the new property line(s) would be required at southeast property corner along the new property line(s). The draft reference plan, prepared by an OLS must be submitted for review and approval prior to submitting the plan to Lands Registry office. Upon registration of the Reference Plan, owner must provide their legal representative contact information who must work with Region's Legal staff to complete the road dedication. All costs associated with the road widening would be owner's responsibility and the lands must be dedicated to the Region free of any contamination and encumbrances. Encroachment: The existing retaining wall on the subject lands will be encroaching into the Regional lands to be dedicated and must be removed or relocated onto the private property. The location of the relocation to the private property, of the retaining wall, must be provided on the site grading plan as mentioned in the foregoing comments. Stormwater Management Report/Site Grading: Regional Staff advise that a copy of the SWM design report, if required by the City of Kitchener, should be provided for review by the Regional staff. Alternatively, a brief SWM letter from a qualified engineering consultant must be provided to the effect that the proposed development would not have any impacts on the Regional storm system. A detailed grading plan showing details of the existing and the proposed grades on the lands abutting the Victoria Street (RR #55) right-of-way grades and the relocated location of the wooden retaining wall must be provided for review and approval by the Regional staff. The grading should be done compatible with the adjacent road grades with 4 to 8% maximum grades within the Regional right-of-way. Environmental Noise: The proposed residential units would have impacts from the environmental noise from traffic on Victoria Street South (RR#55). The owner/applicant is required to enter into a Registered Development Agreement with the Region of Waterloo to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the severed lands: a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building: Document Number: 3092415 Version: 1 "The purchasers / tenants are advised this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". "The purchasers / tenants are advised that sound levels due to increasing traffic on Victoria Street may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP) The proposed residential units would have impacts from the environmental noise from traffic on Victoria Street South (RR#55). The owner/applicant is required to enter into a Registered Development Agreement with the Region of Waterloo to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the retained lands: a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building: "The purchasers / tenants are advised this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the owner/applicant complete the dedicated road widening and daylight triangles to be conveyed to the Region. 3) That prior to final approval, the owner/applicant submit a Stormwater Management brief and detailed grading plan to the satisfaction of the Region. Document Number: 3092415 Version: 1 4) That prior to final approval, the owner/applicant enter into a Registered Development Agreement with the Region of Waterloo to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the severed lands: a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building: "The purchasers / tenants are advised this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". "The purchasers / tenants are advised that sound levels due to increasing traffic on Victoria Street may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". 5) That prior to final approval, the owner/applicant enter into a Registered Development Agreement with the Region of Waterloo to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the retained lands: a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building: "The purchasers / tenants are advised this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". Document Number: 3092415 Version: 1 Site Servicing/Work Permit/Municipal Consent: Regional Staff advise that no servicing plan has been received with the above application. A Municipal Consent will be required for the installation of any new/updated service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmowroadperm its. mirasan.ca/ for further guidance. B2019-062 2727 Kingsway Drive Lutheran Homes Kitchener -Waterloo The owner/applicant is proposing a severance for mortgage purposes. Fee: The owner/applicant must submit the consent review fee of $350.00 to the Region of Waterloo prior to final approval of the consent application. Record of Site Condition: The proposed retained and severed parcels are both identified as a Medium Threat in the Region's Threats Inventory Database (TID). The proposed threat indicators are associated with the Nursing Home and Extended Health Care on the subject lands. As per the Region's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites the subject property would require a completed Record of Site Condition for both the severed and retained parcels prior to final approval of the consent application as the proposal seeks to divide a sensitive use into separate parcels of land that could be held in distinct and separate ownership. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the owner/applicant submit a Record of Site Condition for both the severed and retained lands, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. Document Number: 3092415 Version: 1 B2019-063 193 Louisa Street Mohammad Gohari The owner/applicant is proposing a residential lot severance to permit a semi-detached dwelling. Fee: Regional Staff have received the required consent review fee. Access Permit: Regional Staff advise that an Access Permit application, with the required $230.00 fee, will be required for the proposed access on Weber Street West (RR #08). Applications for the permit are available at the following link: https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf Environmental Noise The proposed development would have impacts from road traffic noise from traffic on Weber Street West (RR #08) and rail noise / vibration from adjoining Region of Waterloo railway line. Regional Staff acknowledge that based on discussions with the City of Kitchener and CN Railway that all parties are agreeable to waiving the requirement for a detailed noise and vibration study. The owner/applicant may choose to undertake and implement a noise and vibration study, however Regional Staff are recommending that the following noise attenuation measures and warning clauses be implemented through a registered agreement with the Region: 1) The owner further agrees that the following noise mitigation measures will be provided in the subject development: a) All exterior walls of the building/dwelling units will be constructed with brick veneer (EW5) or higher acoustical equivalent with STC 54 or higher. b) All building/dwelling units will be installed with windows and doors with STC 37 or higher. c) All building/dwelling will be installed with a forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. Document Number: 3092415 Version: 1 d) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building / dwelling units: i) "Purchasers / tenants are advised that sound levels due to increasing road traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MOECP). ii) "Purchasers / tenants are advised that sound levels due to increasing traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MOECP)." iii) "Warning: Region of Waterloo / Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of- way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant obtain the required Regional access permit. 2) That prior to final approval, the owner/applicant enter into a Registered Development Agreement with the Region of Waterloo to include the following Document Number: 3092415 Version: 1 noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the retained lands: 1) The owner further agrees that the following noise mitigation measures will be provided in the subject development: a) All exterior walls of the building/dwelling units will be constructed with brick veneer (EW5) or higher acoustical equivalent with STC 54 or higher. b) All building/dwelling units will be installed with windows and doors with STC 37 or higher. c) All building/dwelling will be installed with a forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. d) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building / dwelling units: i) "Purchasers / tenants are advised that sound levels due to increasing road traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MOECP). ii) "Purchasers / tenants are advised that sound levels due to increasing traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MOECP)." iii) "Warning: Region of Waterloo / Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of- way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which Document Number: 3092415 Version: 1 expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours /truly, �{ r Matthew Colley Planner Document Number: 3092415 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: September 9, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-082 83 Elmsdale Drive A 2019-092 30 Dieppe Avenue A 2019-093 155 Breckenridge Drive A 2019-094 205 Strange Street A 2019-095 43 Jack Avenue A 2019-096 260 Frederick Street A 2019-097 74 Ahrens Street West A 2019-098 44 Breithaupt Street A 2019-099 289 & 295 Sheldon Avenue North A 2019-100 John Wallace Drive A 2019-101 360 Rivertrail Avenue A 2019-102 165 Fairway Drive Road North A 2019-103 581 Strasburg Road A 2019-104 & 105 193 Louisa Street Applications for Consent: B 2019-051 to 054 83 Elmsdale Drive B 2019-058 202 Montgomery Road B 2019-059 269 Trillium Drive B 2019-060 39 Belmont Avenue West B 2019-061 359 Alice Avenue B 2019-062 2727 Kingsway Drive B 2019-063 193 Louisa Street GRCA COMMENT: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Holly Dyson From: Dianna Saunderson Sent: 05 September, 2019 8:45 AM To: Katie Anderl Cc: Juliane vonWesterholt; Holly Dyson Subject: FW: Unfinished Business Agenda - B 2019-051 to B 2019-054 & A 2019-082 - 83 Elmsdale Drive Hi Katie, Please see the comments below from Hydro. Please forward to whomever you believe will require them. Thanks, Dianna Saunderson, AMP Committee Administrator Corporate Services I City of Kitchener 519-741-2200 ext. 7277 TTY 1-866-969-9994 1 Dianna.Saunderson@kitchener.ca From: Mustafa, Shevan <SMustafa@kwhydro.ca> Sent: Thursday, August 29, 2019 1:17 PM To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Cc: Singh, Rupinder <RSingh@KWHydro.ca> Subject: RE: Unfinished Business Agenda - B 2019-051 to B 2019-054 & A 2019-082 - 83 Elmsdale Drive Hello Dianna, Kitchener -Wilmot Hydro Inc. will require blanket easement on Parcel A, Parcel B, Parcel C, Parcel D and Parcel E on ACI's drawing'Sev Sketch' dated 2019-08-08 to protect servicing and access rights. I am aware you in contact with Rupinder Singh, please coordinate with him regarding blanket easement. Regards, Shevan Mustafa From: Dianna.Saunderson@kitchener.ca <Dianna.Saunderson@kitchener.ca> Sent: August -26-19 11:52 AM To: RParent@regionofwaterloo.ca; MColley@regionofwaterloo.ca; Katie. Pietrzak@kitchener.ca; Linda.Cooper@kitchener.ca; aherreman@grandriver.ca; Leslie.Collins@kitchener.ca; Aaron. McCrimmon- Jones@kitchener.ca; Ashley. DeWitt@kitchener.ca; Mustafa, Shevan <SMustafa@kwhydro.ca>; AKutler@regionofwaterloo.ca Cc: Katie.Anderl@kitchener.ca; Juliane.vonWesterholt@kitchener.ca; HolIy.Dyson@kitchener.ca Subject: Unfinished Business Agenda - B 2019-051 to B 2019-054 & A 2019-082 - 83 Elmsdale Drive Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Good Morning, Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 Applicant: Novacore (83 Elmsdale Dr.) Inc. Property Location: 83 Elmsdale Drive The above noted application was previously considered at the July 2019 Committee of Adjustment meeting. Since that time the applicant has amended their easement requirements. Please see the attached letter and plans related to their proposed changes. Nothing further will be coming regarding this application, please use the updated information when providing your comments for the September 17, 2019 Committee of Adjustment meeting. If you have any questions, please do not hesitate to ask. Thank you, Dianna Saunderson, AMP Committee Administrator Corporate Services I City of Kitchener 519-741-2200 ext. 7277 TTY 1-866-969-9994 1 Dianna.Saunderson@kitchener.ca CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system. Staff Repod Development Services Department I K;< -,\FR www.ki tch en er. 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: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519- 741-2200 ext. 7110 WARD: 10 DATE OF REPORT: August 29, 2019 REPORT #: DSD -19-207 SUBJECT: A2019-092 — 30 Dieppe Avenue Applicant — Catherine Annoni-Galvez Approve l 41 4 Subject Property LWT - _ M 14 ,Jr, G •;i Location Map: 30 Dieppe Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. .117 REPORT Planning Comments: The subject property located at 30 Dieppe Avenue is zoned Residential Four (R-4) in Zoning By-law 85- 1 and designated Low Rise Residential in the City's Official Plan. The property contains an existing single detached dwelling. The applicant is proposing to legalize an existing covered front porch addition which is more than 0.6 metres above grade. The property falls within the City's Residential Intensification in Established Neighbourhoods Study area (RIENS). In 2018, additional zoning provisions were added in this area to ensure that new additions to existing dwellings have a front yard setback that is similar to others on the street to protect the existing character. In this case, the subject property's covered front porch projects further into the front yard than what is permitted by the minimum and maximum front yard setbacks. As such, the applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow for a front yard setback of 3.25 metres, whereas a minimum front yard of approximately 5.5 metres and a maximum front yard of approximately 7.5 metres is required. The minimum and maximum setback requirements are `approximate' as no Plan of Survey is available for the subject property or the two adjacent properties. In these cases, staff are only able to estimate the front yard setback requirements based off of aerial imagery which requires a small margin of error. Existing covered front porch to be legalized City Planning staff conducted a site inspection of the property on August 28, 2019. Staff noted during the site inspection that there is an existing concrete paved area in front of the house that is adjacent to the existing driveway. Staff note that this area is not a recognized legal parking space. The legal parking space for the property is in a detached garage at the rear of the property and along the asphalt driveway. A future minor variance would have to be considered to legalize this concrete parking area. 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 and Purpose of Official Plan Test The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to reduce the front yard is appropriate and will continue to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The requested variance to permit a front yard setback at 3.25 metres, whereas a minimum front yard of approximately 5.5 metres and a maximum front yard of approximately 7.5 metres is required, meets the general intent of the Zoning By-law. The purpose of the minimum and maximum front yard setbacks is to maintain a consistent streetscape as the property falls within an area that the City considers an `established neighbourhood'. The covered front porch is only -4 metres wide, whereas the dwelling is -12 metres wide. The overall impacts on the streetscape of the covered front porch with a reduced front yard setback is minimal. The projection of the front porch slightly beyond the `established' building line on Dieppe Avenue does not have a significant impact on the streetscape. Furthermore, a porch generally functions as amenity space and is encouraged in residential dwellings in the city. As such, staff is satisfied that the general intent and purpose of the Zoning By- law is met. 3. "Minor" Test The variance can be considered minor as the reduced front yard setback will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed front yard addition will maintain a consistent streetscape in the area. The impacts of the addition on the streetscape are minimal. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the proposed addition with a reduced front yard is consistent with the low density development of the neighbourhood. The new addition will project only slightly beyond the existing building and the marginal increase is appropriate. Furthermore, there are other properties in the area which have front porches. Therefore, the proposal will result in a built form that is generally consistent with properties in the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the addition and front porch is currently under review Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with the proposed minor variance application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 30 Dieppe Avenue 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. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-092 requesting relief from Section 38.2.1 of the Zoning By-law to permit an addition to have a front yard setback of 3.25 metres, whereas a minimum of approximately 5.5 metres and maximum of 7.5 metres is required, be approved. Richard Kelly -Ru tz, BES Technical Assistant Juliane von Westerholt, BES, MCIP, RPP Senior Planner 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 Staff Report AaR Development Services Department www.kitchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment September 17th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Junior Planner — 519-741-2200 ext. 7843 1 September 9th, 2019 DSD -19-208 A2019-093 — 155 Breckenridge Drive Applicant — George Sedra- GS Engineering Services Recommendation: Approve with conditions fry . Location Map: 155 Breckenridge Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 155 Breckenridge Drive is Convenience Commercial Zone (C-1) with Special Use Provision 271 U in Zoning By-law 85-1. It is zoned COM -1 in Zoning By-law 19- 051.The property is designated Commercial in the Official Plan. Staff conducted a site inspection of the property on August 301h, 2019. The applicant is requesting to use the entire gross floor area (GFA) as a health office, whereas Zoning By-law 85-1 restricts this use to a maximum of 50% of the GFA and requires the use to be located within a commercial plaza. This regulation has been removed in Zoning By-law 19- 051, so this variance request only pertains to Zoning By-law 85-1. The applicant is also requesting a parking reduction, applicable in both Zoning By-law 85-1 and 19-051. The applicant is requesting to provide 7 parking spaces, whereas 21 are required in 85- 1 and 16 are required in 19-051. View of Existing Site (August 30, 2019) 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. Removal of Max GFA and Plaza Requirement General Intent of the Official Plan 1. The Official Plan encourages providing a sufficient range of commercial goods and services to meet the needs of the city's residents. The Official Plan also encourages the redevelopment of existing commercial lands with an emphasis on improving and providing flexibility for existing commercial developments. The requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law (Zoning By-law 85-1 only) 2. The intent of the regulation in 85-1 that requires the health office use to be located in a plaza and to be less than 50% of the gross floor area of the building is to maintain an overall low intensity of use in the convenience commercial zone. While more traditional `health office' uses tend to attract a large number of customers throughout the day, the treatment being offered at the proposed psychologists office is one patient at a time for one hour visits and is expected to generate fewer visits, less vehicular traffic, and less overall intensity of use. Therefore, the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The use of the existing building is appropriate for health office use. The use of the property as a psychology clinic will not have adverse impacts for the neighbourhood and is therefore considered appropriate. Is the Variance Minor? 4. The difference between using the property wholly as a health office and using the property for other permitted uses, such as personal services is not expected to have any adverse impacts and therefore the variance can be considered minor. Parking Reduction General Intent of the Official Plan 1. The Official Plan endeavors to promote walking, cycling, and public transit as alternative modes of transportation to the automobile. This includes providing a variety of services and amenities that are in walking distance to residential neighbourhoods. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law (Zoning By-law 85-1 & 19-051) 2. The intent of the requirement for 21 parking spaces in By-law 85-1 and for 17 parking spaces in By-law 19-051 (CroZby, under appeal) is to ensure that there is adequate capacity for automobile storage for customers and clients visiting the business. The subject property contains 7 parking spaces and has been used and functioned appropriately for personal services uses in the past, such as a hair salon and beauty salon. The applicant is proposing to use the property for a psychologist practice. The nature of this business is to see clients individually, using one parking space per health professional at any one time. Staff expects the proposed use of the property will necessitate the same or fewer parking spaces than the previous uses. In addition, once CroZby, currently under appeal, is in effect, fewer parking spaces for this use is required. Staff considers the 7 parking spaces provided to be sufficient and for the reasons cited in this paragraph, the requested variance meets the general intent of the zoning by-law. Is the Variance Appropriate? 3. The nature of the business does not require a large amount of parking spaces and there is not expected to be any shortage or overflow. Therefore, the requested variance is considered appropriate and desirable for the development and use of the lands. Is the Variance Minor? 4. The requested variance is not expected to result in any undesirable changes to the site or the neighbourhood and is therefore considered minor. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services will require a more detailed parking justification report to be completed to the satisfaction of the Director of Transportation Services as a condition of the approval of the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That application A2019-093 requesting relief from: A. Section 6.1.2 & 7.2 of Zoning By-law 85-1 to convert a vacant building into a health office having 7 off-street parking spaces rather than the required 21 off- street parking spaces; and, to permit a health office to occupy 100% of the Gross Floor Area (GFA) whereas the by-law permits a health office to occupy a maximum of 50% of the GFA be approved, subject to the following conditions: 1. That the owner submit a parking justification study to the satisfaction of the Director of Transportation Services. 2. That the owner update the Occupancy Certificate to the satisfaction of the Director of Planning (following completion of Condition 1). 3. That the owner re -paint the parking space lines to match the approved Site Plan (SPR/04/20/B/LT) to the satisfaction of the Manager of Site Development and Customer Service. 4. That all conditions shall be completed prior to January 31St, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. B. Table 5-3 of Zoning By-law 19-051 to convert a vacant building into a health clinic having 7 off-street parking spaces rather than the required 16 off-street parking spaces be approved, subject to the following: L This minor variance shall become effective only at such time as Zoning By- law 2019-051 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990 P 13, as amended, and the variance shall be deemed to have come into force as of the date of this decision. Eric Schneider, BES Junior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner 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 Staff Report Ki i I IENER CommunityServicces Department www.kitchenerca 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: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 9 DATE OF REPORT: September 10, 2019 REPORT #: DSD -19-209 SUBJECT: A 2019-094 — 205 Strange Street Applicant — Brian Courtney Owner — Sarah Courtney Deferral _LL.1. - - 2018 aerial photo REPORT Planning Comments: The property is zoned Institutional Two (1-2) with Special Provision 102U in By-law 85-1 and is designated as Community Institutional in the KW Hospital Secondary Plan. Staff visited the site on September 9, 2019. The owner is requesting permission to construct a new entrance and mudroom in the northerly side yard of an existing duplex dwelling having a side yard setback of 1.7 metres rather than the required 3 metres. 205 Strange St (left) and 207 Strange St (right) with mutual right-of-way driveway between buildings. Staff has discussed with the applicant the requirement of a condition that the retaining wall for the rear yard parking area be reconstructed before final variance approval and therefore before the building permit can be issued for the addition. The applicant has advised that this will not accommodate his work plan. Therefore, staff wishes to have an opportunity to discuss this further and to clarify the timing of the retaining wall reconstruction and other options, such as the provision of a Letter of Credit. In addition, staff will be seeking clarification how access to the rear yard will be maintained for both units in the existing duplex, once the wall has been reconstructed. Lastly, Building staff has advised that a building permit is not required for the approximately 0.9 m (3 ft) retaining wall. Staff has concerns that people and vehicles will be accessing the area on the elevated portion of the retaining wall in the absence of a guardrail or barrier. All items noted above need to be clarified before the next Committee meeting and Staff is therefore requesting a deferral. "001w, Google street view (3D) image Building Comments: The Building Division has no objections to the proposed variance provided the building permit for the addition is obtained prior to construction. Please contact the Building Division @ 519- 741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application provided that the proposed parking spaces in the rear yard are constructed entirely on the property of 205 Strange Street. Engineering Comments: No comments. Heritage Planning Comments: Heritage Planning staff has no concerns with the proposed minor variance application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 205 Strange Street is located within the Warehouse District CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No concerns. RECOMMENDATION: That application A 2019-094 requesting permission to construct a new entrance and mudroom in the northerly side yard of an existing duplex dwelling having a side yard setback of 1.7 metres rather than the required 3 metres be deferred. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner 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 Staff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: www.kitch ever. ca Committee of Adjustment September 17th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Jenna Daum — Technical Assistant - 519-741-2200 ext.7760 9 September 91h, 2019 DSD -19-210 A 2019-095 — 43 Jack Avenue Owner — Randy Newell and Rebecca Newell Approve With Conditions Location Map: 43 Jack Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 43 Jack Avenue is zoned Residential Four (R-4) Zoning By-law 85-1 and is designated Low Rise Residential in the 2014 Official Plan. City Planning staff conducted a site inspection of the property on September 7t" 2019. The owner is requesting relief from Section 5.13.1 to allow for a home business "Catering Service Establishment" use in an existing Single Detached Dwelling whereas the by-law does not currently allow "Catering Service Establishment" as a permitted home based business use. View from Jack Avenue 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: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City's Official Plan. The proposed variance meets the general intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change to permit a home business "Catering Service Establishment" use will maintain the low density character of the property and surrounding neighbourhood. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law Zoning By-law 85-1 does not currently permit the use "Catering Service Establishment" as a Home Based Business, however, within the draft residential zones in the new Comprehensive Review of the Zoning By- law (CRoZBy) "Catering Service Establishment" is proposed to be a permitted use as a Home Based Business in a Single Detached Dwelling. The owner's business will be small in scale and will not have people coming and going to the property and will meet all other regulations of a Home Business. The business owner has already started construction on the commercial kitchen in their basement prior to receiving zoning approval, as part of their business plan the applicant wishes to start operating prior to the new zoning being in effect. Since it is not known when CRoZBy's Residential Zones will apply to the property, Planning staff feel it is reasonable to allow for this use to be in effect prior to the new zoning being finalized as it is proposed to be a permitted use. Therefore staff is of the opinion that this meets the general intent of the by-law. Minor Staff is of the opinion that requested variance is minor as the addition of a "Catering Service Establishment" use to the subject property will not alter the residential character of the area. Home based businesses are allowed in the R-4 zoning, although "Catering Service Establishment" is not currently permitted as a home based business, this business will operate the same as any other home business in the City of Kitchener. Appropriate and Desirable The variance could be considered appropriate use of the land. The business use will operate like other permitted home businesses and when CRoZBy's Residential zones are in effect this use should be permitted. Staff is of the opinion that the variance will cause no negative impacts on the subject land or the surrounding properties within the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved with conditions. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services has no concerns with the proposed application. RECOMMENDATION: That minor variance application A2019-095 requesting relief from relief from Section 5.13.1 to allow for "Catering Service Establishment" use as a Home Business in an existing Single Detached Dwelling whereas the by-law does not currently allow "Catering Service Establishment" as a permitted home based business use, be approved with the following conditions: 1. That a Zoning (Occupancy) Certificate be obtained from the Planning Division. 2. That the maximum size of the Home Business - Catering Service Establishment use on the subject property be a maximum of 27.87 square metres (As per Section 5.13.1.2(g)); 3. No direct retail sales are permitted from the property; 4. Non resident workers are not permitted to the property; and, 5. That condition #1 be completed by October 30th, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. Jenna Daum Juliane von Westerholt, BES, MCIP, RPP Technical Assistant (Planning and Zoning) Senior Planner 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 2014 aerial photo. 4' a } Staff Report Ki R CommunityServicces Department www.krrchenerca 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: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 10 DATE OF REPORT: September 10, 2019 REPORT #: DSD -19-211 SUBJECT: A 2019-096 Owner —John Mensink Refuse 2014 aerial photo. 4' a } REPORT Planning Comments: The property is zoned Commercial -Residential One (CR -1) with Special Provisions 114R and 128U in By-law 85-1 and is designated as Low Density Commercial Residential in the Central Frederick Neighbourhood Plan. Staff visited the site on September 10, 2019. The owner is requesting permission to legalize an existing duplex having an existing driveway with a width of 11.8 m rather than the maximum permitted width of 6.4 metres; and, to allow the existing driveway to be comprised of three different materials whereas the By-law requires a driveway to be constructed from one consistent material. From a review of aerial photos, staff has determined that the driveway widening occurred sometime between 2009 and 2012. This matter was brought to Enforcement staff's attention by a complaint on this property, as well as other driveways on nearby lots in the area. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. Intent of the Official Plan The subject property is designated as Low Density Commercial Residential in the Official Plan. Although specific comments on driveway widenings are not addressed in the Official Plan, the existing use as a duplex meets the intent of the designation, which is to provide for a range of residential and office uses and encourages the conversation and continuance of the existing character and quality of the area. Therefore, the general intent of the Official Plan is maintained. Intent of the Zoning By-law The two proposed variances do not meet the general intent of the Zoning By-law. The intent of the regulation restricting the maximum driveway width to half of the frontage (or 8 metres, whichever is less) is to ensure that the streetscape is not dominated by driveways and therefore the parking of motor vehicles. Having a driveway width of 11.8 metres on a 12.8 -metre wide lot dominates the front yard of this duplex dwelling. In addition, the intent of the regulation to have the driveway constructed of the same material is to ensure that walkways are not used as driveways and aids Enforcement staff with enforcing what is and what is not a legal driveway. Staff is typically not in support of such requests, as the general intent of the Zoning By-law is not being met. Appropriate Development The proposed variances are not appropriate for the development of the property and streetscape. As noted above, it is staff's opinion that a driveway width as requested, on this or any other residential lot, negatively affects the streetscape and therefore cannot be supported. Minor The widening of the driveway and therefore the parking of two vehicles along the westerly side lot line occurs at a setback of 3 metres from the front lot line and therefore the impact is somewhat mitigated by existing landscaping along the front lot line. In addition, Transportation Planning staff has indicated no concern as this situation is an existing condition. For these reasons, staff is of the opinion that the application is minor. As the variances are all to reflect existing conditions, which until recently have been without complaint, should the Committee approve the requested variances staff recommends that approval be subject to the following condition: 1) That the existing landscaping be maintained as a visual barrier to the widened driveway / parking area and that any landscaping that occurs within the driveway visibility triangle (DVT) have a maximum height of 0.9 metres to avoid any obstruction to driver visibility. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: As this is an existing condition, Transportation Services has no concerns with the proposed application. It should be noted, however, that any landscaping that occurs within the driveway visibility triangle (DVT) have a maximum height of 0.9 metres to avoid any obstruction to driver visibility. Engineering Comments: No comments. Heritage Planning Comments: Heritage Planning staff has no concerns with the proposed minor variance application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 260 Frederick Street is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No concerns. RECOMMENDATION: That application A 2019-096 requesting permission to legalize an existing duplex having a an existing driveway width of 11.8 m rather than the maximum permitted width of 6.4 metres; and, to allow the existing driveway to be comprised of three different materials whereas the By-law requires a driveway to be constructed from one consistent material be refused. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner 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 Staff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: www.kitch ever. ca Committee of Adjustment September 17, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 10 September 6, 2019 DSD -19-212 A2019-097 — 74 Ahrens Street West Applicants — Amanda Stellings, Polocorp Inc. on Behalf of David W. Arn & Edeltraut Horn Approve with conditions Location Map: 74 Ahrens Street West *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 74 Ahrens Street West is zoned Residential Five (R-5), with Special Use Provision 127U and designated Low Rise Residential Preservation in the Civic Centre Neighbourhood Secondary Plan of the City Official Plan. The applicant is proposing to legalize an existing Multiple Dwelling with 4 units and cannot meet the requirements of Section 39.2.4 of the Zoning By-law. The applicant is requesting relief to permit the following: a) To legalize an existing multiple dwelling with 4 units, whereas a maximum of 3 dwelling units is permitted; b) An interior side yard setback of 0.26 metres rather than the required 1.2 metres; c) A rear yard setback of 4.63 metres rather than the required 7.5 metres; Further relief is being sought from: d) Section 6.1.1.1 d) i) to permit parking between the fagade and the side lot line less than 3.Om from a street line, whereas no parking is permitted between the fagade and the side lot line with a setback from a minimum 3.Om from a street line. e) Section 6.1.1.2 b) to permit a parking lot that only provides exiting onto a street in a backwards motion, whereas parking facilities are required to provide ingress and egress of vehicles in a forward motion. f) Section 6.7.1 to not require a barrier -free accessible parking space whereas 1 barrier -free accessible parking space is required. City Planning staff conducted a site inspection of the property on August 30, 2019. 74 Ahrens Street West (Front View) 74 Ahrens Street West (Parking area) 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. General Intent of Official Plan 1. The subject property is designated Low Rise Residential Preservation in the Civic Centre Neighbourhood Secondary Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variances to legalize the existing use and setbacks are appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. Staff is in support of the application, as it has existed for a long period of time with no issues, and it is compatible with the established neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requests for legalizing a multiple dwelling with 4 units, the side yard and rear yard variances all recognize an existing situation. The applicant has advised that no exterior modifications to the building are proposed. The requested minor variances to permit the required parking to be legalized in the current form also recognizes the existing situation. It is also noted staff does not support the two parking spaces closest to the intersection. Staff recommends that two spaces be removed from the Corner Visibility Triangle (CVT) area, and the appropriate landscaping be installed, as reflected in an approved Site Plan. The zoning requirements to locate parking a minimum of 3.0 metres from the street line, and to provide adequate ingress and egress is to ensure that a parking lot does not dominate the front or side yard abutting a street vista, and to ensure safety for pedestrians and other motorists. Due to the existing conditions and the low traffic volumes along Maynard Avenue, staff is in support of the variance provided that the Owner enters into an encroachment agreement with the City for the parking spaces to encroach onto City lands, and that a Site Plan be applied for and approved by the Manager of Site Development and Customer Service. The requested variance to not require a barrier free accessible space also would recognize an existing situation. The zoning requirement to provide a barrier free accessible space is to ensure that if the need arises for a tenant to require an accessible space it is then provided to them. Currently, the property functions without the required barrier free space, and due to the lack of accessibility because of the age of the structure staff does not believe that the reduction in the required barrier free accessible space will not create any adverse effects on the property. Therefore, the requested minor variances, all meet the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that the requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed variances will be negligible due to the fact they recognize an existing situation. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. It is noted that there are no open violations other than the 4-plex use being discussed in this report. This past summer, a property standards violation was closed and the owner was advised that this property shall be regularly maintained so as to ensure property standard compliance on an on-going basis. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided retrofit permit for the fourth unit is obtain with Fire Prevention. Please contact the Fire Prevention @ 519-741-2495 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application, however, as a condition of the application, we require that the dropped curb be restored to full barrier curb for the two parking spaces that are being removed in order to prevent continued parking in that area. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: The property municipally addressed as 74 Ahrens Street West is designated under Part V of the Ontario Heritage Act and located within the Civic Centre Neighbourhood Heritage Conservation District (CCNHCD). The minor variance application proposes the legalization of an existing four-plex. The CCNHCD Plan provides guidelines for building conversions and parking within the district. Given that the legalization of the existing four-plex will not result in exterior changes to the building, and that the removal of the parking spaces located in the daylight triangle is in keeping with the CCNHCD Plan with respect to minimizing hard surface areas for parking, Heritage Planning staff has no concerns with the proposed minor variance application. RECOMMENDATION That minor variance application A2019-097 requesting permission to permit a multiple dwelling with 4 units, whereas a maximum for 3 dwelling units is permitted; a side yard setback of 0.26 metres rather than the required 1.2 metres; a rear yard setback of 4.63 metres rather than the required 7.5 metres; to permit parking between the fagade and the side lot line less than 3.0 metres from a street line, whereas no parking is permitted between the fagade and the side lot line with a setback from a minimum 3.0 metres from a street line; to permit a parking lot that only provides exiting onto a street in a backwards motion, whereas parking facilities are required to provide ingress and egress of vehicles in a forward motion; to not require a barrier -free accessible parking space whereas 1 barrier -free accessible parking space is required, be approved with conditions: 1. That the owner shall enter into an encroachment agreement for the parking spaces with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands. 2. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 3. That the 2 existing parking spaces located closest to the Ahrens Street/Maynard Avenue intersection in the CVT be removed and landscaping be reinstated in the side yard area to the satisfaction of the Director of Planning. 4. A retrofit permit for the fourth unit be obtained from Fire Prevention. 5. That Site Plan approval is issued and the dropped curb be restored to full barrier curb for the two parking spaces that are being removed in order to prevent continued parking in that area, to the satisfaction of the Manager of Site Development and Customer Service 6. That all conditions shall be completed prior to July 1St, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 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 Staff Repod Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519- 741-2200 ext. 7110 WARD: 10 DATE OF REPORT: August 29, 2019 REPORT #: DSD -19-213 SUBJECT: A2019-098 — 44 Breithaupt Street Applicant — George Sedra Owner — David Elliot Approve AS AMENDED Location Map: 44 Breithaupt Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 44 Breithaupt Street is zoned Industrial Residential (M-1) in Zoning By- law 85-1 and designated General Industrial Employment in the City's Official Plan. The applicant is proposing to construct a second storey uncovered porch in the front yard and is requesting relief from Section 19.3 of the Zoning By-law to allow for a front yard setback of 1.35 metres, whereas 6 metres is required. The property currently contains an existing single detached dwelling including a first storey covered porch. The applicant intents to create a porch on the roof of the existing porch, and extent the second storey porch to approximately the full width of the dwelling. Through the review, it has come to staff's attention that an additional variance is required as the widened second storey porch would be within a portion of the driveway visibility triangle. As such, staff recommends that the application be AMENDED to also request relief from Section 5.3 of the Zoning By- law to allow a second storey uncovered porch that is above a first storey unenclosed porch to be within a visibility triangle, whereas the By-law does not allow objects above 0.9 metres in height to be within a visibility triangle. Front of 44 Breithaupt Street City Planning staff conducted a site inspection of the property on August 28, 2019. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. 1. General Intent and Purpose of Official Plan Test The subject property is designated General Industrial Employment in the Official Plan. The intent of this designation is to provide for a broad range of industrial uses. The subject property currently contains an existing residential use and the policies of the General Industrial Employment designation contain language to recognize existing residential uses. As such, the variances to reduce the front yard and locate a second storey porch in a visibility triangle is appropriate and will continue to maintain the residential character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variances meet the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The requested variance to permit a front yard setback of 1.35 metres, whereas 6 metres is required, meets the general intent of the Zoning By-law. The purpose of a front yard setback of 6 metres is to provide a consistent streetscape for dwellings, and a separation from the public right-of-way for any industrial and residential uses. The existing dwelling on the property has a setback of about 3.3 metres, meaning the property already has a reduced front yard. In addition, there is an existing covered front porch on the property. The proposed uncovered second storey porch will project no further towards the front property line than the existing front porch. The consistent streetscape will be maintained, as adjacent residential properties have similar front yard setbacks. As such, staff is satisfied that the general intent of the Zoning By-law is met. The requested variance to allow a second storey porch above a first storey unenclosed porch to be located in a visibility triangle, whereas the By-law does not allow objects above 0.9 metres in height to be within a visibility triangle, meets the general intent of the Zoning By-law. The intent of not permitting objects above 0.9 metres in height within a visibility triangle is to maintain sufficient visibility of the street and sidewalk for vehicles entering and existing the driveway of the subject property. The area below the second storey porch within the visibility triangle is `open', except for a small support column. As such, there will continue to be a similar amount of visibility as is currently existing, thus maintaining the general intent of the By-law. Staff note that transportation staff are supportive of the proposed encroachment into a driveway visibility triangle. 3. "Minor" Test The variances can be considered minor as the reduced front yard setback and second storey porch within a visibility triangle will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed second storey uncovered porch will project no further towards the front lot line than the existing first storey porch. While the second storey porch is within a visibility triangle, the area beneath the second storey porch is `open', thereby limiting negative visibility impacts for vehicles entering and exiting the property. As such, the impacts will be minimal. 4. Desirability for Appropriate Development or Use Test The requested variances for a reduced front yard and second storey porch in a visibility triangle is appropriate for the development and use of the land. Staff understands that the property owner intends to convert the use of the property to a duplex; adding additional amenity space in the form of the proposed second storey uncovered porch in the front yard may in fact improve the use of the property. Staff is satisfied the proposal is appropriate for the use and development of the land. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the front porch is currently under review Transportation Services Comments: Transportation Services recommends that a variance be added to approve the encroachment of the second storey balcony into the 4.57 metre by 4.57 metre driveway visibility triangle (DVT) as it will not provide any obstruction for drivers. Transportation Services can support the wooden post support for the balcony being located within the DVT, as well, as it should not obstruct driver visibility for entering and exiting the property. Heritage Comments: Heritage Planning staff has no concerns with the proposed minor variance application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 44 Breithaupt Street is located within the Warehouse District CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific conservation options. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-098 requesting relief from Section 19.3 of the Zoning By-law to permit an uncovered second storey porch to have a front yard setback of 1.35 metres, whereas 6 metres is required, and from Section 5.3 of the Zoning By-law to allow a second storey porch above a first storey unenclosed porch to be located in a visibility triangle, whereas the By-law does not allow objects above 0.9 metres in height to be within a visibility triangle, be approved as AMENDED. - W, 1-Y Richard Kelly- uetz, BES Technical Assistant Juliane von Westerholt, BES, MCIP, RPP Senior Planner 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 Staff Report Development Services Department 1 K�-R www.ki tch en er. c a 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: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 10 DATE OF REPORT: September 6, 2019 REPORT #: DSD -19-214 SUBJECT: A2019-099 — 289 & 295 Sheldon Avenue North Applicants — Ninoslav Orasanin Approve with conditions Location Map: 289 & 295 Sheldon Avenue North *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 289 & 295 Sheldon Avenue is zoned Residential Six (R-6), and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to create a 36 unit stacked townhouse development (Multiple dwelling) and cannot meet the requirements of Section 40.2.6 of the Zoning By-law. The applicant is requesting relief to permit the following: a) A Floor Space Ratio (FSR) of 0.75, whereas a FSR of 0.6 is permitted; b) A front yard setback of 5 metres rather than the required 6.62 metres; c) A height of 12.1 metres at the lowest grade point of the property, whereas a height of 11.55 metres is permitted at the lowest grade point of the property. City Planning staff conducted a site inspection of the property on September 3, 2019. Existing dwellings at 289 & 295 Sheldon Avenue North 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. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the City's Official Plan, which contains a number of policies related to height and density in low rise residential areas. The Low Rise Residential land use designation accommodates a full range of low density housing types including single detached dwellings, duplex dwellings, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings and special needs housing. Policy 15.D.3.11 applies a maximum Floor Space Ratio (FSR) of 0.6, however site specific increases up to a maximum FSR of 0.75 may be considered, where it can be demonstrated that the increase in the FSR is compatible and meets the general intent of the policies of the Official Plan. Further, Policy 15.D.3.12 in the Official Plan states that relief from the maximum building height of three stories or 11 metres may be considered for properties with unusual grade conditions and for buildings and/or structures with increased floor to ceiling heights and architectural features provided the increased building height is compatible with the built form and physical character of the neighbourhood. Staff is satisfied the requested variances will maintain the low density character of the property and surrounding neighbourhood. Staff is further satisfied that urban design considerations have been addressed to ensure the development is compatible by designing the site so that the building is close to the front of the property, as well as close to the vacant parcel of land to the north, and also has a maximum height of 10.5 metres at street elevation, while locating parking towards the rear. As such, the proposed variances meet the general intent of the Official Plan. General Intent of Zoning By-law 2. The R-6 zone permits a range of housing types, and the intent of 0.6 FSR allowance is to ensure development occurs at a scale which is compatible with other low-rise housing forms in adjacent neighbourhoods. The proposed townhouse units will provide a mix of housing types while maintaining compatibility with the low rise residential neighbourhood. As such, staff is satisfied the requested variance to increase the maximum FSR from 0.6 to 0.75 meets the general intent of the Zoning By-law. The height of the proposed structure is required to be 10.5 meters, and allows buildings with unusual grade conditions a 110% height at lowest grade (11.55m). Due to the increase in grade on the property the applicant is proposing the height at the front of the property to be 10.5 metres, and the height at the lowest grade point to be 12.1 metres. The purpose of the height allowance is to permit a range of housing types at a scale which is compatible with the existing adjacent low rise residential neighbourhood. The purpose of the requested height increase is to accommodate the increased slope of the property. Staff is satisfied the requested variance to increase the height at the lowest grade point to 12.1 metres, whereas 11.55 metres is permitted meets the intent of the Zoning By- law, as the townhouse units will remain three stories at street elevation and be of a compatible built form within the low rise residential neighbourhood. The intent of the front yard setback is to establish a consistent built form along the street edge. The subject property is located within the Residential Intensification in Established Neighbourhoods Study (RIENS) area and follows a specific calculation to determine the required front yard setback for each property. In this case, the applicant requested a front yard setback of 5.0 metres for the front yard, where 6.62 metres is required. The required minimum front yard setback of 6.62 metres is calculated based on 1 metre less than the front yard setback of the dwelling on the property adjacent to this lot. The front yard setback of 279 Sheldon Avenue North is 7.62 metres and therefore, the minimum front yard setback for this property is 6.62 metres. The general intent of the zoning is maintained through this variance for the front yard setback given the variety of setbacks within the area and the vacant lot adjacent to the north of the property. Application is Minor 3. Staff is of the opinion that the requested variances are minor as the reduced front yard, increased building height and increased FSR will not present any significant impacts to adjacent properties or the overall neighbourhood. Application in Appropriate 4. The proposed variances are appropriate for the development and use of the land as the proposed townhouses (multiple dwelling) use is a permitted use in the Zoning By-law. The scale, massing and height of the proposed townhouse units will not negatively impact the existing character of the subject property or surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: Environmental planning has no concerns under the assumption that compliance with Tree Management Policy is addressed through Site Plan Approval. Heritage Comments: Heritage Planning has no concerns. RECOMMENDATION That minor variance application A2019-099 requesting permission to permit a stacked townhouse development (multiple dwelling) with a Floor Space Ratio (FSR) of 0.75 rather than the required FSR of 0.6, a front yard setback of 5.0 metres rather than the required 6.62 metres; a height of 12.1 metres at the lowest grade point of the property, whereas a height of 11.55 metres is permitted at the lowest grade point of the property, be approved with conditions: 1. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That all conditions shall be completed prior to October 1St, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner 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 Staff Report Development Services Department 1 :.x www1l tch en er. c a 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: Katie Anderl, Senior Planner — 519-741-2200 ext. 7987 WARD: # 5 DATE OF REPORT: September 9, 2019 REPORT #: DSD -19-215 SUBJECT: A2019-100 — John Wallace Drive (Block 1, Stage 2 30T-07205) Owner — Schlegel Urban Developments Corporation Applicant — Fusion Homes Recommendation — Approve r Nl_ P t Lands eS�ublec � Ory Location Map: Block 1, Stage 1 (30T-07205) _ k *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Image 1: Subject Lands (Block 1, Stage 2). Photo taken September 5, 2019. REPORT Planning Comments: The subject property is located within the Wallaceton subdivision (30T-07205) as shown on the Location Map above. The lands are zoned Residential Eight Zone (R-8) with Special Regulation 502R. The parcel of land is proposed to be developed with a stacked townhouse development containing 54 dwelling units. The proposed development has received Site Plan Approval in Principle from the Site Plan Review Committee, however this approval is subject to the owner receiving approval of the proposed minor variances for a reduction to parking and obstructions within the corner visibility triangle. The proposed development complies with all other zoning regulations including setbacks, height and density (FSR). More specifically, the Owner is requesting the following minor variances: 1. Relief from Special Regulation Provision 502R to permit a parking ratio of 1.15 spaces per unit, rather than 1.25 spaces per unit; and 2. Relief from section. 5.3 to permit a 0.5 m obstruction in the corner visibility triangles, whereas no obstruction is permitted. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. Variance 1: Parking Reduction The applicant is proposing to reduce the required parking ratio from 1.25 spaces per unit to 1.15 spaces per unit. This parking ratio would allow for 1 space per unit and 0.15 visitor spaces per unit. The proposed ratio represents an overall parking requirement of 62 spaces rather than 68 spaces. General Intent of the Official Plan The subject lands are designated Medium Rise Residential in the Official Plan, and the proposed land use conforms to the designation. Official Plan policies also support the provision of adequate parking, in such as way that will maximize the efficient use of land, and promote active transportation and the use of public transit. The subject site is located in close proximity to planned transit routes, on and off road cycling facilities, is within walking distance of parks, schools and planned commercial facilities, and fronts onto a street which does not have private driveways, but rather has a significant amount of on -street parking. Such measures will help reduce on site parking demands, and staff is of the opinion that the proposed parking reduction maintains the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the minimum parking requirement for dwelling units is to ensure there is sufficient on-site parking and other transportation options available to meet the transportation needs of residents and visitors to the site. The subject site is located in close proximity to planned transit, and is in proximity to existing and planned active transportation routes (include bike lanes, sidewalks and a multi -use pathway network). The Site Plan includes 28 secure, weather protected bike parking spaces as well as traditional bike racks, which aligns with the bike parking requirements developed through the Comprehensive Review of the Zoning By-law. The surrounding neighbourhood is very walkable and contains a planned mix of uses including schools, parks, a new community centre, and a large mixed-use node at the intersection of Fischer Hallman Road and Huron Road. Staff is of the opinion that residents are less likely to require a personal vehicle (and associated parking spaces) for daily transportation needs in this neighbourhood, than in many other suburban locations, and that the intent of the by-law is maintained. Is the Variance Minor? Given the characteristics of the development and surrounding area, and proximity to transit as well as active transportation facilities, staff is of the opinion that the proposed variance will provide a sufficient supply of parking for future residents and visitors to the site. Based on the foregoing, staff is of the opinion that the variance is minor. Is the Variance Appropriate? The proposed development is in a location and being designed so that there is a reduced need for residents to own private automobiles, which is expected to result in fewer on-site parking spaces being required for the proposed development. Further, the proposed reduction aligns with the parking regulations proposed as part of the Comprehensive Review of the Zoning By-law. Based on the foregoing, staff is of the opinion that the variance is appropriate for the development and use of the lands. Variance 2: Obstruction in Driveway Visibility Triangle The applicant is requesting permission for front porches to encroach 0.5 metres into the 7.5 metre corner visibility triangle. General Intent of the Official Plan Urban Design policies of the Official Plan indicate that in Suburban Neighbourhoods, the City's primary focus is to create diverse, attractive, walkable neighbourhoods that contribute to complete and healthy communities. The intent of these policies is to ensure that new buildings are designed to enhance pedestrian usability, respects and reinforce human scale, create attractive streetscapes and contribute to rich and vibrant urban places. The proposed porches, located close to the street, enhance and create an interesting streetscape, while helping to contribute to the pedestrian experience. Staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of a corner visibility triangle is to ensure that drivers exiting a site have an unobstructed view of traffic and pedestrians before pulling into the street. The applicant has indicated that the subject porches are not more than 0.9 metres in height and that any railing will be designed so that visibility is not fully obstructed. Further, the encroachment is limited to 0.5 metres, and the area of encroachment is onto a street with wide boulevards, further increasing sightlines. Based on the foregoing, staff is of the opinion that the general intent of the by-law is maintained. Is the Variance Minor? As the porches only cause a minimal obstruction, staff is of the opinion that the variance is minor. Is the Variance Appropriate? The proposed porches are an urban design feature which contribute to the streetscape and only cause a small obstruction. Further, the dimensions of a corner visibility triangle have been reduced from 7.5 m to 7.0 m through the Comprehensive Review of the Zoning By-law, and the proposed porch design complies with these regulations. Based on the foregoing, staff is of the opinion that the proposed variance is appropriate for the development and use of the lands. Based on the foregoing, staff recommends that the proposed minor variances be approved. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services can support the proposed reduction in parking for the subject property as it aligns with the required parking rates that will be governed by the City of Kitchener's new zoning by-law (CRoZBy) and due to the fact that additional secured bicycle parking and storage will be provided on- site. Additionally, Transportation Services can also support the reduced corner visibility triangle (CVT) as the encroachment into the CVT will be at a maximum height of 0.9 metres, which will allow for adequate visibility for drivers. The CVT will also be reduced to 7.0 metres by 7.0 metres through the City of Kitchener's new zoning by-law. Engineering Comments: Engineering has no concerns with the subject application. RECOMMENDATION That application A2019-100 requesting relief from special regulation provision 502R to permit a residential parking rate of 1.15 spaces per unit rather than 1.25 spaces per unit; and from s. 5.3 to permit an obstructions (0.5 metre porch encroachment) to be located within the corner visibility triangles, whereas no obstructions are permitted, be approved, subject to the following condition: 1. That the subject variances shall apply to the site layout considered through Site Plan Application SP19/076/J/KA. Katie Anderl, MCIP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner 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 Staff Repoil Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: R www.kitch ever. ca Committee of Adjustment September 17th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Junior Planner — 519-741-2200 ext. 7843 2 September 91h, 2019 DSD -19-216 A2019-101 — 360 Rivertrail Avenue Applicant — Phil Ha, Fusion Homes Recommendation: Approve VaL�EyBRoo__- Location Map: 360 Rivertrail Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 360 Rivertrail Avenue is zoned Residential Four Zone (R-4) with Special Regulation Provision 597R, and designated Low Rise Residential in the City's Official Plan. The applicant is requesting relief from Section 6.1.1.1.b) iv) of the Zoning By-law to locate a driveway 7.93 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. City Planning staff conducted a site inspection of the property on September 51", 2019. r View of Building under Construction at 360 Rivertrail Avenue (September 5, 2019) 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. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The Residential designation in the Official Plan places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance conforms to the designation and it is the opinion of staff the requested variance is appropriate. The requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 1. The intent of the 9.0 metre setback is to ensure that there are no obstructions within the corner visibility triangle, and ensuring vehicles entering and exiting the intersection can do so safely. It is not anticipated that the proposed driveway will create an obstruction to visibility and not expected to result in any negative impacts on the adjacent residential properties. Therefore, the general intent of the Zoning Bylaw continues to be maintained. Is the Variance Appropriate? 3. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Therefore, the variance is appropriate for the development and use of the land Is the Variance Minor? 4. The reduction in setback of 1.07 metres can be considered minor as it is not expected to cause any obstructions in the Corner Visibility Triangle (CVT) and will continue to allow vehicles to have safe ingress/egress for the site and represents a small reduction in the requirement. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided revised drawings and grading plan is submitted for currently issued building permit. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2019-101 requesting permission for a single detached dwelling under construction to have a driveway located 7.93m from the intersection of Rivertrail Avenue and Valleybrook Drive, whereas a setback of 9 metres is required be approved, subject to the following condition(s): 1. That revised building drawings and a grading plan are submitted to the satisfaction of the City's Chief Building Official by December 31St, 2019. Eric Schneider, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner 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 Staff Report Development Services Department J KIR www.ki tch en er. c a 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: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 2 DATE OF REPORT: September 6, 2019 REPORT #: DSD -19-217 SUBJECT: A2019-102 — 165 Fairway Road North Applicants — Lito Navaleza on Behalf of 470088 Ontario Ltd. Approve with conditions MR Location Map: 165 Fairway Road North *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 165 Fairway Road North is zoned Residential Six (R-6), and designated Low Rise Residential in the City Official Plan. The applicant is proposing to create a Multiple Dwelling with 7 units and cannot meet the requirements of Section 40.2.6 of the Zoning By-law. The applicant is requesting relief to permit the following: a) An interior side yard setback of 2.0 metres (left side) and 0 metres (right side) rather than the required 2.5 metres; b) A rear yard setback of 0.1 metres rather than the required 7.5 metres; Further relief is being sought from: d) Section 6.1.1.1 d) i) to permit parking between the front fagade and the front lot line, whereas no parking is permitted between the front fagade and the front lot line. City Planning staff conducted a site inspection of the property on September 6, 2019. 165 Fairway Road North (Front View) 165 Fairway Road North (Side View) 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. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the City's Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variances to legalize the existing setbacks are appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. Staff is in support of the application as the building has existed for a long period of time with no issues, and it is compatible with the established neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requests for legalizing, the side yards and rear yard all recognize an existing situation. The building was used at one point as a tool and die shop, however the use has ceased and the owner is looking to construct 5 new residential units on the property. The building has existed for quite a number of years with no negative impact on the surrounding neighbourhood, and the applicant has advised that building will continue to exist as is. The requested minor variance to permit the required parking located between the front fagade and the front lot line, recognize an existing situation. The zoning requirement to not permit parking between the front fagade and the lot line, is to ensure that a parking lot doesn't dominate the front street vista and to provide an adequate buffer from the street. The proposed parking lot is setback approximately 19 metres from the front lot line. The owner has submitted a Site Plan application, which is currently under review. In addition, staff is satisfied that there is still a sufficient amount of buffer space from Fairway Road, and legalizing the proposed parking lot meets the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that the requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed variances will be negligible due to the fact they recognize an existing situation. Application in Appropriate 4. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Therefore, the variances are appropriate for the development and use of the land Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: As this application is seeking to legalize existing features, Transportation Services has no concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning has no concerns. RECOMMENDATION That minor variance application A2019-102 requesting permission to permit a multiple dwelling with a side yard setback of 2.0 metres (left side) and 0.0 metres (right side) rather than the required 2.5 metres; a rear yard setback of 0.1 metres rather than the required 7.5 metres; to permit parking between the front facade and the front line, whereas no parking is permitted between the front fagade and the front lot line be approved with conditions: 1. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 2. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 3. That all conditions shall be completed prior to July 1St, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 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 Staff Report Development Services Department 1 :.x www.ki tch en er. c a 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: Andrew Pinnell, Planner — 519-741-2200 ext. 7668 WARD: 6 DATE OF REPORT: September 10, 2019 REPORT #: DSD -19-218 SUBJECT: A2019-103 — 581 Strasburg Road Applicant — GSP Group Inc. c/o Valerie Schmidt Owner — Trez MR Holdings (Ontario) Ltd. Approve Subject to Conditions REPORT Planning Comments: The subject property is located on Strasburg Road, north of Block Line Road, in the Alpine Planning Community. The subject property is designated Medium Rise Residential in the Official Plan and is part of a Community Node Urban Structure component. The property is zoned Residential Eight (R-8) in By- law 85-1. Low Rise Residential development (existing semi-detached dwellings) is located to the north and east, while Medium Rise Residential development (existing 95 -unit multiple dwelling and planned 107 -unit multiple dwelling) is located immediately to the south. Planning staff visited the site on September 9, 2019. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The property is developed with a 2.5 storey, 21 -unit multiple dwelling. A Site Plan Application (file SP19/093/S/LT) has been submitted to the City which proposes to add a two storey addition on top of the existing building and to renovate the building's interior to achieve a 4.5 storey, 35 -unit multiple dwelling. The owner is seeking approval of a minor variance in order to reduce the number of required parking spaces from 61 (1.75 spaces per unit) to 35 (1.0 spaces per unit). It should be noted that a 36th "compact" space is provided, but this does not count as a required space for zoning by-law purposes, due to the insufficient size. Planning staff understands that of the 36 proposed parking spaces: • 35 count towards required parking under the zoning by-law • 29 are for residents • 4 are for visitors • 2 are barrier -free • 1 is compact (does not count towards required parking) General Intent and Purpose of Official Plan and Zoning By-law Tests Section 13.C.8.2. of the Official Plan states: The City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. In this case, the applicant has provided a Parking Study, prepared by Paradigm Transportation Solutions Ltd., dated July 2019, which states that the parking demand can be accommodated by the proposed supply. It should be noted that the property is on a local bus route and within 250 metres of an Npress transit route and other local routes. To support the reduced parking, the Parking Study suggests that the higher number of proposed bicycle parking spaces may reduce parking demand. Bicycle parking will be implemented through the Site Plan process. It also recommends that parking be "unbundled" (i.e., be charged separately to tenants and not connected to the ownership / rental of residential units). In this regard, planning staff recommends a condition to require an agreement for unbundled parking. Therefore, the variance meets the intent of the Official Plan and Zoning By-law. "Minor" Test The variance is minor in that it will not create unacceptably adverse impacts on adjacent uses or lands. The parking study suggests that the proposed development will be able to accommodate the required parking on the site, despite the parking reduction. Desirability for Appropriate Development or Use Test The variance will support the ongoing maintenance and stability of the existing housing stock reusing and adapting the housing stock through renovation, conversion, and rehabilitation, as encouraged through Policy 4.C.1.10. of the Official Plan. Moreover, the variance would facilitate transit -supportive intensification of a property that is within a land use designation and zone that supports relatively high higher floor space ratio (massing). Therefore, the variance is desirable for the appropriate development of the land. For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified, subject to the conditions outlined below. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Based on the justification provided by the applicant, parking rate for this application. Engineering Comments: No Engineering concerns. Heritage Comments: No heritage planning concerns. Transportation Services can support the proposed Environmental Planning Comments: Tree Management Policy requirements is / will be addressed through the site plan process. RECOMMENDATION That Minor Variance Application A2019-103 requesting to reduce the number of required parking spaces from 61 (1.75 spaces per unit) to 35 (1.0 spaces per unit), be approved, subject to the following conditions: 1. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on the title of the property to require unbundled parking, such agreement to be to the satisfaction of the City Solicitor and Director of Transportation Services, and 2. That this approval shall apply only to the development proposed through Site Plan Application SP19/093/S/LT. Andrew Pinnell, MCIP, RPP Planner Attach: • Site Plan Submitted with Application Form Juliane von Westerholt, MCIP, RPP Senior Planner 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 Staff Repod Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: i lU'i r Erh'�'R 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 :j 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. E LOT 182 Q .` 2#dING "RG"{RE�SDENTF.ALj � � it � I N51-2 40-W Rr]ARn 97NEF 45.744 P[W1i1GN Ip � gEA�-54Bafp -R61RESIVENTIAL) �, �+ 20NING2 STOREY " SEMI DETACHED � Z 4 w { DWELLING FROFOUP Z AV, 7AAq .j aanaosfn oa�wxv ZONING-R6"(RESIDENTRAL) 2 STOREY I� POFr�TICN i6 Bi RE iFINEfl SEMI pEr . D CINLING ��.,, 4 m 4 `x W - H8V27'4DV 45,744 -' U LLJ P T PARI 5 NAF? f 4 3 I rD ZC*41NC '>a67RES0[J41IAL)� ZONING "R iRESIDENTIALj I ZONING _R& {RE5I`DEMTiAt) r PLAT) 58R 45455 r� M 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. E 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. N 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 Staff Repod KN— 16 URENER 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: 4 DATE OF REPORT: September 6, 2019 REPORT NUMBER: DSD -19-220 SUBJECT: Applications B2019-059 269 Trillium Drive Owners — 1054558 Ontario Limited Applicant — Gerhard (Gary) Auer — ACI Survey Consultants Approve with conditions r - E� ,s it t F Subject Property: 269 Trillium Drive 1:7416]:i1 Application B2019-059 request an access easement with a width of 12.1 metres over lands municipally addressed as 269 Trillium Drive in favour of 299 Trillium Drive for the purpose of constructing a driveway and emergency access fire route. Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca Planning Comments: The building at 269 Trillium Drive has recently received conditional site plan approval for a building addition and the relocation of a driveway access to the subject property. All technical aspects of the new driveway location have been reviewed and conditionally approved by the Site Plan Review Committee. As 269 and 299 Trillium Drive are owned by different entities, an easement is required for the new driveway. Based on the foregoing, Planning staff recommends that the easement be approved, subject to the conditions listed in the Recommendation section of this report. Operations (Design and Development) Comments: Parkland dedication is not required for this application as it has been satisfied though the Site Plan Application Process. Building Comments: The Building Division has no objections to the proposed easement application. Transportation Services Comments: Transportation Services has no objections to the proposed consent applications. Engineering Services Comments: Engineering has no concerns with the proposed easement for fire route requirements. RECOMMENDATION: That Application B2019-059 requesting an access easement with a width of 12.1 metres over lands municipally addressed as 269 Trillium Drive in favour of 299 Trillium Drive for the purpose of constructing a driveway and emergency access fire route, be approved subject to the following conditions: That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies 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. 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the Owner shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City's Director of Planning. 3. That the Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor: Staff Repod KN- URENER Development Services Department wwwkitchener.ca a. a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 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 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 Staff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 K` R www.kitchener. ca Committee of Adjustment September 17th, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Eric Schneider, Junior Planner - 519-741-2200 ext. 7843 9 September 9th, 2019 DSD -19-221 APPLICATION #: B2019-060 39 Belmont Avenue West Applicant: Predrag Vojinovic Approve with conditions 13 Location Map: 39 Belmont Avenue West rt 7.58 7.59 N41`21'00'W PIN 22481-0080 (LT) ..0T 2.3 PIN PIN 22481-0083 (LT) Proposed lot fabrics REPORT Planning Comments: The subject property is zoned Residential Four Zone (R-4) with Special Use Provision 329U in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property currently contains a semi-detached dwelling under construction. The existing development of the neighbourhood consists of single detached, semi-detached, and multiple dwellings. The Owner is requesting permission to sever the subject lands into two lots to allow separate ownership of each semi-detached unit. The severed lot would have a lot width of 7.58 metres, a 2 9�� 2tLn OV& a I L} a G Lc 6' � 49 N ti.av r� � 2x Po" � _ r 0) r� PORCH 1 LOT LOT 5eB "OWE LOT 1404 I q Ep i L - - PRCn. DWELJNG (WEST um)$ PROPOSED OWEWNG [FEST Wirt) n g . PE.S CER5GE 28% COVERAdE REGISTERED PLAN n 23 3 4 P PARCEL A AREA 3140 PARCEL B AREA = 336fn2 -f -- 1 ., 4 w ; LOT PIN 22481 -Q371 (L7) MUNICIPAL ` COMPILED LOT 589 "1- tZ Z rt 7.58 7.59 N41`21'00'W PIN 22481-0080 (LT) ..0T 2.3 PIN PIN 22481-0083 (LT) Proposed lot fabrics REPORT Planning Comments: The subject property is zoned Residential Four Zone (R-4) with Special Use Provision 329U in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property currently contains a semi-detached dwelling under construction. The existing development of the neighbourhood consists of single detached, semi-detached, and multiple dwellings. The Owner is requesting permission to sever the subject lands into two lots to allow separate ownership of each semi-detached unit. The severed lot would have a lot width of 7.58 metres, a 2 depth of 42.88 metres, and an area of 314 square metres. The retained lot would have a lot width of 7.59 metres, a depth of 45.60 metres, and an area of 336 square metres. City Planning staff conducted a site inspection of the property on August 19th, 2019. Semi-detached dwelling under construction at 39 Belmont Ave West (August 19, 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. The proposed lots conform to the Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Consent Application B2019-060, requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached unit be approved, subject to the conditions listed in the Recommendation section of this report. 3 Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot. Heritage Comments: Heritage Planning staff has no concerns. Environmental Planning Comments: Environmental Planning has no concerns. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. 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 and water municipal services are currently available to service this property. Storm sewer would require to be extended, it is recommended the applicant investigate alternative sump pump discharge arrangements. 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. 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 $3,486.80. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (7.58m) at a land value of $9,200 per frontage metre. Street trees are required along frontage of Belmont Ave W. at the owner's cost. Refer to Section M of the Development Manual for Tree Planting & Establishment Best Management 0 Practices. Street trees are to conform to Section M. Provide Tree Management Plan and Planting Plan stamped by a certified Landscape Architect for review and approval (in coordination with Urban Forestry/Engineering staff). RECOMMENDATION: That Application B2019-060 requesting consent to sever the subject property into two lots be approved, subject to the following conditions: That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 2. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,486.80 The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 6. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner submit a complete Development and Reconstruction As - Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the Owner shall prepare a Tree Management Plan for both the severed and retained lands in accordance with the City's Tree Management policy, to be approved by the City's Director of Planning and where necessary, implemented prior to demolition or issuance of building permits. Such plans shall include, A among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 10. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Eric Schneider, BES Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner 0 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 1 Staff Report Kx Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 17, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner - 519-741-2200 ext. 7843 WARD: 8 DATE OF REPORT: September 9, 2019 REPORT #: DSD -19-222 SUBJECT: APPLICATION #: B2019-061 359 Alice Avenue Applicant: Ilija Ilic Approve with conditions Ilk Location Map: 359 Alice Avenue ;" V440-COA4aFJ ALICE (Refo$-RED 1-4 645) AVENUE =17M j —Id wicr Q97 $.534 HETAfNEO CAIVD AREA: 392.9 SZM_ LOT 4.99 REPORT SUILMO 13,411 aw. I�b 2g2fi7 i I � � Iparch tltlltl GdFur i 0 CW74.an I SEWRED ase I w crof3 k SR r Is�uxrl AREA: 435_j Is dI UNDER I (MNS1RUCfM p�_.bh AW IN ''2714aJ - P0. (Llt 6 ZON — R4 SONE—R4 Proposed lot fabrics ;..C&. N34'wWw 45.732 Ir 3.:>4U Planning Comments: The subject property is zoned Residential Four Zone (R-4) in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property currently contains a semi-detached dwelling under construction. The existing development of the neighbourhood consists of single detached, semi-detached, and multiple dwellings. The Owner is requesting permission to sever the subject lands into two lots to allow separate ownership of each semi-detached unit. The severed lot would have a lot width of 17.06 metres, a depth of 22.26 metres, and an area of 435.5 square metres. The retained lot would have a lot width of 23.05 metres, a depth of 17.04 metres, and an area of 392.9 square metres. City Planning staff conducted a site inspection of the property on August 27th, 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. The proposed lots conform to the Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. E .k, e Semi-detached dwelling under construction at 359 Alice Avenue (August 27, 2019) Based on the foregoing, Planning staff recommends that Consent Application B2019-061, 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. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot. Heritage Comments: Heritage Planning staff has no concerns. Environmental Planning Comments: Environmental Planning has no concerns. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. 3 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 and water municipal services are currently available to service this property. Storm sewer would require to be extended, it is recommended the applicant investigate alternative sump pump discharge arrangements. 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. 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 $6,471.74. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (17.069m) at a land value of $9,200 per frontage metre. All street trees are to be protected immediately with tree protection fencing and the boulevards to be clean and all debris to be removed. A Tree Management Plan and Planting Plan stamped by a certified Landscape Architect is required for review and approval (in coordination with Urban Forestry/Engineering staff). RECOMMENDATION: That Application B2019-061 requesting consent to sever the subject property into two lots be approved, subject to the following conditions: That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 2. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $6,471.74. The park land dedication is calculated at the residential rate of 5% of the per metre lineal 0 frontage land value for the severed portion. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 6. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner submit a complete Development and Reconstruction As - Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the Owner shall prepare a Tree Management Plan for both the severed and retained lands in accordance with the City's Tree Management policy, to be approved by the City's Director of Planning and where necessary, implemented prior to demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 10. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Eric Schneider, BES Junior 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 Staff Repod KN_ 16 URENER 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: 3 DATE OF REPORT: September 6, 2019 REPORT NUMBER: DSD -19-223 SUBJECT: Application B2019-062 2705-2711-2727 Kingsway Drive Owner — Lutheran Homes Kitchener -Waterloo Applicant — Martin Mahlstedt — Giesbrecht, Griffin, Funk, & Irvine LLP Approve 278 / 277227847gg�� / C` 27o«2T78�1359 2685 �2788 ` J 2697 j 1485 6 fi S 284 208 x]19 / k2�/ 150j1 t� \/6 Q Iii ;ill„i. Ga,T€ __283A214 /S 142 �/ 281 184 CENT EV LLE 1-HICOPEE OF 75 176 St6tliv� Q 27851127 1n 168. 164 V f "Kingsdale Park 124 3g� 167 118 31 \, \ 195. .1,14y l,/�, / ,d6 T44 3534 /33 18\ 2T45'� $ j . 7 ✓ , 94 O\. 3837 235 f39 43 ',24 \221 \y21 5251§ c \ 17 Subject Property: 2705-2711-2727 Kingsway Drive Staff Repo N' KCluHL Development Services Department wwwkitchener.ca Report: The owner is applying for a new mortgage on a portion of the lands for the purpose of financing for repairs and maintenance to existing facilities. Previous consent for mortgages were approved in 2001 and 2004. In 2001, a consent for mortgage was granted to allow 60 townhouse units to be mortgaged separately from a long term care facility consisting of two unconnected buildings. In 2014, one of those buildings was redeveloped and required a mortgage. Application B2019-062 requests consent to mortgage an irregularly shaped parcel of land, being Part 2 on Reference Plan 58R-14446. The boundaries of these lands where created through a previous mortgage approval. The subject property is designated Institutional in the City's Official Plan and zoned Major Intuitional in Zoning By-law 85-1. 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, regard shall be had to the adequacy or utilities and municipal services. Planning staff is recommending the same approach that was undertaken in 2004 where the owner and mortgagee enter into an agreement to not disrupt servicing or access to the remainder of the lands should a mortgage default occur. A consent for mortgage purposes does not convey land or allow the sale or purchase of land, but allows the partial discharge of an existing mortgage and replacement with a supplementary mortgage. In the event of a mortgage default, the mortgagee would need to pursue additional approvals to have a legal lot. A fully severed lot would require the installation of separate service connections, the provision of full access and zoning compliance. To achieve this, site alterations, easements and/or minor variances may be necessary. Easements cannot be provided at this time, as all portions of the property are in the same ownership, however subject to different mortgages. Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff does not have any concerns with the proposed application. Engineering Comments: Engineering has no concerns with mortgaging portions of the lands differently. In the event of a mortgage default and/or if the lands are conveyed, the following engineering conditions would apply; Severance of any blocks within the subject lands will require separate, individual service connections (or easements if shared services) for sanitary, storm, and water, in accordance with City policies. Staff Report KN NEx Development Services Department wwwkitchener.ca 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 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. Operations Comments: Parkland Dedication will not be required on this application as no new developable lots have been created. Environmental Planning Comments: Environmental Planning staff do not have any concerns with the proposed application. RECOMMENDATION: That Application B2019-062 requesting consent to mortgage an irregularly shaped parcel of land, being Part 2 on Reference Plan 58R-14446, be approved subject to the following conditions: 1. That the Owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 3. That the Owner shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City's Director of Planning. 4. That the Owner and mortgagee 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: Staff Report KN x Development Services Department wwwkitchener.ca "in the event enforcements proceedings are taken under the terms of a mortgage/charge of lands, the Owner, its successor or assigns, shall take no action to affect the servicing and/or access to any building on the lands described as Parts 1 & 3 Plan 58R-13634 and/or Part 1 58R-14446." 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 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 Staff 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