HomeMy WebLinkAboutDSD-19-280 - B 2019-019 - 49 Overland DrStaff Repoil
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
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www.kitchener, ca
Committee of Adjustment
December 10th, 2019
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Eric Schneider, Planner - 519-741-2200 ext. 7843
3
December 2nd, 2019
DSD -19-280
APPLICATION #: B2019-019
49 Overland Drive
Applicant: Dave Aston- MHBC Planning
Approve with conditions
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Location Map: 49 Overland Drive
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Proposed lot fabrics
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.
The applicant is requesting permission to sever the subject lands into two lots to allow separate
ownership lot. The severed lot would have a lot width of 114 metres, a depth of 85 metres, and
an area of 9,400 square metres. The retained lot would have a lot width of 158 metres, a depth
of 139 metres, and an area of 28,735 square metres. The applicant is also requesting
permission to grant an easement as outlined in the lot fabric plan over the retained land in
favour of the severed land for stormwater management.
City Planning staff conducted a site inspection of the property on May 3,d, 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.
Planning staff is of the opinion that the proposal conforms to the 2014 Official Plan. The Heavy
Industrial Employment designation permits both the self -storage warehouse use and the
proposed contractor's establishment use. The proposed severance is required to create
2
separate lots to allow future redevelopment on the severed lands while the retained lands will
continue to operate as a self -storage warehouse facility.
Based on the foregoing, Planning staff recommends that Consent Application B2019-019,
requesting consent to sever the subject property into two lots and grant an easement over the
retained land in favour of the severed land be approved, subject to the conditions listed in the
Recommendation section of this report.
Site under Development at 49 Overland Drive
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.
3
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).
Operations Comments:
Park land dedication will not be required for the application. Dedication requirements have been
established through Site Plan Application SP18/038/0/LT.
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 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(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 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.
3. That the owner submits a site plan application to amend the approved site plan
for the severed lands (SP18/038/0/LT) to the satisfaction of the City's Manager of
Site Development and Customer Service.
4. That the owner submit and obtain approval of revised Grading, Servicing, and
Stormwater Management plans for the severed lands to the satisfaction of the
Director of Engineering Services.
5. 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.
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 extend the sanitary sewer in order to achieve a positive outlet for
the retained lands at the owner's sole expense to the satisfaction of the Director
of Engineering Services.
8. That, prior to final approval, the applicant submits the Consent Application
Review Fee of $350.00 to the Region of Waterloo.
9. That the Transfer Easement document(s) required to create the Easement(s)
being approved herein shall include the following and shall be approved by the
City Solicitor
a. a clear and specific description of the purpose of the Easement(s)
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(s) 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.
10. 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.
11. That the Owner register a warning clause on Title that identifies the flooding and
safe access hazards on the severed lot to the satisfaction of the City of
Kitchener, in consultation with the Grand River Conservation Authority.
12. That the Owner creates and maintains an emergency response plan for flood
hazards on the site to the satisfaction of the City of Kitchener, in consultation
with the Grand River Conservation Authority.
Eric Schneider, BES
Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
5
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. 2235
Nancy Davy, Director Fax: (519) 621-4945
Resource Management Division E-mail: ndavy@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
December 2, 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*:
After reviewing additional factors, Grand River Conservation Authority (GRCA) staff will not
object to an approval of the above -noted consent application. Key factors specifically
considered for this site included a review of Schneider Creek and associated flooding hazard,
the frequency of storms where safe access is a concern and zoning for the site. These technical
factors are unique to this site, as described 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 that will result in the creation of a
new vacant industrial lot with an easement for stormwater management.
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."
.At this time, there is no provincial guidance available for the 2014 PPS for the wording: "unless
it has been demonstrated that the site has safe access appropriate for the nature of the
development and the natural hazard." As noted below, the current provincial technical
guidelines were published in 2002 and they refer to the 1997 PPS wording. The GRCA has
provided submissions to the province requesting a review and update to the Natural Hazard
Technical Guidelines.
Since our previous comments dated September 9, 2019, we have met with the applicant, their
consultants and City staff to discuss the application and have reviewed subsequent
information submitted in support of the application:
Page 1 of 3
Site Development and 100 Year Storm drawing, prepared by MHBC Planning, dated
October 30, 2019
Technical Memo #2 prepared by GM BluePlan Engineering, dated October 30, 2019
We have now had the opportunity to further discuss the nature of the development and the
natural hazard pertaining specifically to this site. Technical factors that are unique for this site
were considered, such as:
- A portion of the retained and severed lots will be outside of the flooding hazard. in the
event of a Regulatory Storm, people on the site could seek refuge outside of the floodplain
on the property or on the portion of Overland Drive outside of the floodplain until the access
is safe to use.
We note that Schneider Creek is an urban system. Depending on the storm event and
characteristics, the duration of flooding may be limited.
- The applicant has provided a drawing titled "Site Development and 100 Year Storm",
prepared by MHBC Planning (dated October 30, 2019) that demonstrates limited flooding
along the access during a 100 -year storm. Please note that while the 100 -year storm
comparison table in the Technical Memo #2 prepared by GM BluePlan Engineering (dated
October 30, 2019) notes 0 metres of flooding during the 100 -year storm, the drawing
shows there will be some flooding along the access. We acknowledge that safe access is
a concern during a Regional Storm event, which has a lower probability of occurring in
any given year.
- For the record, we do not agree that the 3x3 rule should be considered for safe access in
this application. Based on the language in the Technical Guide -- River & Stream Systems:
Flooding Hazard Limit (Ontario Ministry of Natural Resources, 2002), it is our
understanding that the 3x3 rule applies to trained professionals with appropriate
equipment.
- We understand that the zoning currently permits the business proposed at this time.
However, we have concerns with the existing zoning of Heavy Industrial Zone (M-4), which
allows some sensitive uses. We understand that the CRoZBy zoning will further refine the
permitted uses on the property as Employment Zone EMP -3 and remove sensitive land
uses such as a daycare. Further, the Flooding Hazard Overlay under CRoZBy notes that,
"Despite anything else in this By-law, the following uses shall not be permitted to locate
within lands shown as affected by the Flooding Hazard Overlay:
o iii) a use with outdoor storage of any materials, either temporary or permanent
(Section 17.2.1).
- Please note that future site plan comments will reflect that new development on the
proposed vacant lot must be sited outside of the floodplain. Areas for parking of vehicles
and equipment will also be reviewed and recommendations will be made to reduce any
parking of equipment in the floodplain, as it will be subject to property damage in the event
of flooding.
- The City of Kitchener is accountable for emergency response planning. We strongly
recommend the City consider the implications of access for emergency vehicles and
responders along Overland Drive in the event that emergency response measures are
needed in times of flooding.
- We note that Ontario's Special Advisor on Flooding's report to the province recommends
that the Natural Hazard Technical Guidelines be updated. Changes to the guidelines may
affect future development of this site.
If the Committee of Adjustment approves this application, we recommend the following condition
be applied.
1. The owner register on Title wording that identifies the flooding and safe access hazards
on the vacant lot and that the landowner is responsible for maintaining an emergency
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response plan for flood hazards on this site. The wording of this clause will be to the
satisfaction of the City of Kitchener and Grand River Conservation Authority.
A similar condition will be requested by GRCA to be included in a Site Plan Agreement upon
submission of a future site plan application.
Based on the above factors specific to this site, we will not object to this consent application.
However, we do wish to advise the municipality and the applicant that a portion of the site and
access are subject to the flooding hazard. As noted above, the landowner and City should take
all precautions to ensure the safety of property and life in the event of flooding.
Please note that we have yet to receive GRCA's Plan Review fee in the amount of $410 for our
review of the severance application. The applicant should provide this as soon as possible.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact Melissa Larion, Supervisor of Resource Planning at (519)621-2761
ext.2247 or mlarion@grand river. ca
Sincerely,
Nancy Davy, Director of Resource Management
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 (email)
Eric Schneider, City of Kitchener (email)
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority
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