HomeMy WebLinkAboutDSD-20-171 - B 2020-039 & B 2020-040 - 518 Bridgeport Rd EStaff Repoil
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Development Services Department
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REPORT TO: Committee of Adjustment
DATE OF MEETING: October 20, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
PREPARED BY: Richard Kelly-Ruetz, Planner - 519-741-2200 ext. 7110
WARD: 1
DATE OF REPORT: October 9, 2020
REPORT #: DSD -20-171
SUBJECT: APPLICATION: B2020-039 & B2020-040
518 Bridgeport Rd E
Owner: Elev8 Properties Inc.
Applicant: Scott J. Patterson (Patterson Planning Consultants)
Approve with conditions
Location Map — 518 Bridgeport Rd E
REPORT
The subject property located at 518 Bridgeport Road East is designated Low Rise Residential in
the Official Plan and zoned Residential Two (R-2) in Zoning By-law 85-1. The property currently
contains a single detached dwelling. The subject property is located on the north side of a wide
4 -lane regional road (Bridgeport Rd E). In this area of Bridgeport Road, the north side is
characterized generally by large lots including the subject property. To the south and in the
surrounding area are some larger institutional properties, and smaller sized residential properties
containing single detached dwellings. The nearby intersection of Bridgeport Road East and
Lancaster Street West contains a small range of commercial uses.
The Applicant intends to retain the existing building and is requesting consent to sever the subject
property into three total lots for future single detached dwellings. Severed Lot 1 would have a
frontage of 24 metres, depth of 55.28 metres, and area of 1,238.8 square metres. Severed Lot 2
would have a frontage of 24 metres, depth of 44.5 metres, and area of 1,049.4 square metres.
The retained lot would have a frontage of 54.3 metres, a depth of 55.28 metres, and an area of
3,518.7 square metres.
The subject property is listed on the City's Municipal Heritage Register as a non -designated
property of cultural heritage value or interest. As such, the submission an approval of a Heritage
Impact Assessment (HIA) was a requirement of the proposed consent application (see Heritage
Comments, below).
The driveway providing access to the existing single detached dwelling on the retained lands was
identified as a heritage attribute in the approved HIA and it was recommended that the driveway
access be maintained as -is. To facilitate this, the creation of a 51.6 m2 access easement over
Severed Lot 2 in favour of the retained lands is requested as part of this application. The easement
would allow future property owners of the retained lands to continue to access their property from
the existing driveway which passes over Severed Lot 2.
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Severed Lot 1
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Retained Lot Severed Lot 2
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Severance Sketch — Easement shown on Severed Lot 2
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Severed Lot 1
Dwelling on retained lot (to be kept)
Planning staff conducted a site inspection on October 7, 2020
Severed Lot 2
Planning Comments:
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, both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law 85-1, 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 can be serviced with independent and adequate service connections to municipal
services. The resultant lots will be compatible in size with the lots in the surrounding area.
The owner will be required to extend the existing sanitary sewer up Bridgeport Road East as a
condition of approval. All other municipal services are in place.
As part of the HIA submitted in support of the consent application, there were a number of
recommendations outlined to apply to the proposed consent. See heritage comments below.
Based on the foregoing, Planning staff recommends that Consent Application B2020-039 and
B2020-040 requesting consent to sever the subject property into three lots including an access
easement on Severed Lot 2 be approved, subject to the conditions listed in the Recommendation
section of this report.
Engineering Comments:
B2020-039 to 040 — 518 Bridgeport Road East
• 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
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currently available to service this property. Any further enquiries in this regard should be
directed to Eric Riek (519-741-2200 ext. 7330).
• Extension of the sanitary sewer is required to service these lots. This will require MECP
approval and will go through the Off -Site Works Process.
• In accordance with Section 53 of the Ontario Water Resources Act, an Environmental
Compliance Approval (ECA) for sewage works will be required by the Ministry of
Environment, Conservation and Parks for the extension of the municipal sewer to the
satisfaction of the Director of Engineering Services.
• Any new driveways are to be built to Region of Waterloo 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.
Environmental Planning Comments:
The standard condition on both the severed and retained lands to enter into an agreement to
complete tree preservation / enhancement plan is required.
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
construction of all new residential buildings
Heritage Comments:
The property municipally addressed as 518 Bridgeport Road is listed as a non -designated
property of cultural heritage value or interest on the City's Municipal Heritage Register. The
submission and approval of a Heritage Impact Assessment (HIA) was made a requirement of the
processing of the Committee of Adjustment application in order to ensure that the proposed new
lot had regard for and was consistent with Provincial, Regional, and Municipal policies relating to
the conservation of cultural heritage resources.
A draft HIA prepared by Amy Barnes Consulting was submitted and scheduled for comment by
the City's Heritage Kitchener committee on Tuesday September 1, 2020. Some members spoke
in support of the HIA. A few members expressed concern with respect to the disruption of the
unobscured vista looking from the existing dwelling to the yard and the evaluation the existing
property. Heritage Planning staff has considered these comments.
A final HIA prepared by Amy Barnes Consulting as submitted in relation to Committee of
Adjustment applications B2020-039 to 040. The HIA concluded that the existing dwelling and
landscape is a heritage attribute of the property. The HIA also concluded that the development
option being pursued seeks to conserve all the built features, in situ, retains the majority of the
existing lot, all identified significant or unique trees, preserves most of the landscape elements,
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and provides an opportunity to restore landscape elements which have been lost over time due
to neglect or have become overgrown. The HIA recommended mitigative measures to address
negative impacts from the proposed development, including: the creation of a new east edge on
the retained lot which is sympathetic to the existing landscape and re-establishing the linear focal
point and vista from the terrace along the new property line. The HIA also recommended that the
existing dwelling and landscape be designated under Part IV of the Ontario Heritage Act. As a
result, the dwelling and landscape will be conserved on the retained lands.
The final HIA was approved by the General Manager of Development Services on October 5,
2020.
The appropriate tools to conserve the existing dwelling and landscape elements including
designating the retained lands under Part IV of the Ontario Heritage Act and implementing the
mitigative measures and recommendations of the HIA through conditions. A number of consent
conditions have been prepared to ensure the conservation of the existing dwelling and landscape
elements.
In general, the consent conditions address the following:
• Ensuring the long-term conservation of the retained lands through designation under Part
IV of the Ontario Heritage Act and preparation of a Conservation Plan;
• Documenting the property and interior of the dwelling through photographs;
• Incorporating sympathetic plantings along the east edge of the retained lot;
• The owner submits and receives approval for building elevation drawings and building
location drawings for the new dwelling; and
• The owner submits and receives approval of a landscape plan.
Based on the above comments, Heritage Planning staff has no concerns with the proposed
consent subject to the implementation of the mitigative measures and recommendations of the
approved HIA. As a result, Heritage Planning staff recommends the following conditions:
The Owner shall prepare a Tree Preservation/Enhancement Plan 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 and where necessary, implemented prior to any grading,
tree removal or the issuance of building permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone, landscaped area
and vegetation to be preserved.
2. The Owner shall prepare a Landscape Plan for the Retained lands which is to be approved
by the Director of Planning. Such plan shall include sympathetic plantings to re-establish
the east edge of the Retained lands and re-establish the vista and linear focal point from
the terrace along the new property line, as identified in the approved Heritage Impact
Assessment prepared by Amy Barnes Consulting, and dated June 2020.
3. The Owner shall prepare and submit for review a Conservation Plan for the Retained lands
which is to be approved by the Director of Planning.
4. The Owner shall enter into a modified subdivision agreement with the City of Kitchener to
be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and
registered on title of the Retained and Severed lands. Said agreement shall include the
following special conditions:
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Prior to Grading, Tree Removal, or Issuance of any Building Permits,
whichever shall occur first:
a) The Owner shall implement all approved measures for the protection of trees
as approved in the Tree Management Plan (where applicable) and to provide
written certification from the Owner's Environmental Consultant to the City's
Director of Planning that all protection measures have been implemented and
inspected, in accordance with the City's Tree Management Policy. No changes
to the said plans shall be granted, except with prior approval from the City's
Director of Planning. Further, the Owner shall implement all measures of the
approved Landscape Plan.
Prior to Application for and Issuance of any Building Permits:
b) The owner shall photo -document the Retained and Severed lands, including
the interior of the existing dwelling on the Retained lands.
c) The Owner agrees through the Issuance of a Notice of Intent to Designate that
the Retained lands will be designated under Part IV of the Ontario Heritage
Act, in accordance with the heritage attributes listed in the approved Heritage
Impact Assessment, prepared by Amy Barnes Consulting, dated June 2020.
d) The Owner shall submit building elevation, building location, and lot grading
drawings for the Severed lands in accordance with the approved Heritage
Impact Assessment, prepared by Amy Barnes Consulting, dated June 2020,
for approval by the City's Director of Planning. Further, the Owner shall design
and construct the dwellings on the Severed lands in accordance with the
approved plans, to the satisfaction of the City's Chief Building Official. further
agrees that the dwellings shall be designed and constructed in accordance
Transportation Comments:
The access agreement being proposed be registered on title.
Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as 2 new development
lots will be created. The cash -in -lieu dedication required is $22,080.00, or $11,040.00 per severed
lot.
Park Dedication is calculated at 5% of the new development lots only, with a land valuation
calculated by the lineal frontage of 48.Om (combined) at a land value of $9,200 per frontage meter.
Region of Waterloo Comments
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot
created prior to final approval of the consent.
Road Widening:
Regional Staff acknowledge that the designated road width of Bridgeport Road (RR #09) at this
location is 30.48m whereas the existing right-of-way is 26.Om approximately. The existing road
centre does not represent the true historic road centreline. Therefore, a dedicated road widening
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up to 15.24m from the road centreline (3.6 m approximately) will be required to be conveyed to
the Region at the owner's cost to comply with the ROP designated width of 30.48m for Bridgeport
Road (RR #09). An Ontario Land Surveyor (OLS) must determine the exact amount of dedicated
road widening based on the historic centreline of Bridgeport Road East (RR # 09).
Regional Staff expects that additional lands along this property frontage might be acquired for
Bridgeport Road reconstruction and major rehabilitation project currently scheduled for the year
2024. However, the preliminary design is not available at this time. It is expected that approximate
5.Om from current property line, might be the land acquisition needs for the road reconstruction
project; although nothing is sure at this time as preliminary design is not available at this stage.
These future lands must also be shown on the Severance plan to ensure no building or private
infrastructure would encroach into the future road right-of-way. The buildings on the lots to be
severed must be setback accordingly.
A draft reference plan must be provided for review by the Regional staff prior to depositing the
reference plan with the Land Registry office.
Transportation Capital Project:
Regional Staff notes that Bridgeport Road in this location is scheduled for reconstruction during
the year 2024 (design to start in the year 2020). Preliminary design is not available at this stage,
however, it is expected that additional lands up to 5.Om from the existing property line might is
acquired for this road project.
For more information on the reconstruction of Bridgeport road, please contact William Gilbert @
519-575-4603 Email: WGilbertnreaionofwaterloo.ca
Access Permits:
Regional Staff acknowledges that the application specifies the existing residential building and
the proposed severed lot to the east will be accessed by the existing access with an access
easement. Regional Staff will require the owner/applicant to complete a Mutual Access
Agreement that will be registered on title for both properties.
The owner/applicant may choose to have separate entrances for each of the severed and retained
lots, provided the grades permit to do so (there are no visibility concerns for the property frontage).
The existing access does not comply with the Regional standards (is too acute with the road
centreline) and must be modified as mentioned in the foregoing. Both the existing and the
proposed westerly access for the severed lot must be aligned at an angles of preferably at 900 (at
the most within 700 to 1100) with the road centreline at the future property line and should have a
straight centre line. The angle of access with the future property line must be shown on the plans.
In addition, the difference in slope along access centreline must not exceed 10% in any 3m
section. The access must have throat width of 3.7m — 6.Om ((at future property line) and minimum
1.5m (3.Om preferred) radii / flare out, at the edge of pavement.
The access easement to the existing house and the easterly severed lot should be completely
located internally and must take into consideration the lands to be dedicated to the Region; and
the alignment of the entrances as per Regional standards, as mentioned above.
Regional Staff acknowledges that there has been on-going discussions with City of Kitchener
Staff as the property is on the Municipal Heritage Register as a non -designated property of cultural
heritage value or interest. The Heritage Impact Assessment recommended that the existing
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entrance be maintained in support of the existing dwelling and that access for the proposed
eastern lot be provided by a shared access. Regional Staff is satisfied with these considerations
and the shared access with the eastern lot. However, the owner/applicant must contact Regional
Staff to ensure all proposed accesses (i.e. the western access) meet the access design
configuration with the Region.
For each access, an access permit application along with $100 each application fee would be
required for access modification for the existing entrance (shared access); and for the proposed
severed lot(s) and the retained lot, as the case may be.
All costs associated with a private access are Owner' s responsibility.
The Regional Access Permit Application is available at:
https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Application-and-Payment-
for-an-Access-Permit
Grading Plan:
Regional Staff will require an engineered detailed lot grading plan, to the satisfaction of the
Region, that shows spot grades on the lands abutting the Regional road right-of-way and along
the centreline of the accesses.
Environmental Noise:
Regional Staff notes that the subject property would have impacts from road traffic on Bridgeport
Road (RR #09) as well as from Conestoga Parkway (Highway 85). As a result, the owner/applicant
is required to enter into an agreement with the Region of Waterloo to include the following noise
warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium
declarations for all dwellings on the severed and retained lands.
Severed Lots:
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 clauses will be required to be included on all offers of
purchase, deeds and rental agreements for the dwelling(s):
"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 (ROW) and the Ministry of the Environment Conservation and
Parks (MECP)".
ii. "Purchaser/tenants are advised that sound levels due to increasing road
traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85)
may on occasions interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo
(ROW) and the Ministry of the Environment Conservation and Parks
(MECP) ".
Retained Lot
a) The following noise warning clause will be required to be included on all offers of purchase,
deeds and rental agreements for the dwelling(s):
"Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport
Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region
of Waterloo (ROM and the Ministry of the Environment Conservation and Parks (MECP)".
In addition, prior to the issuance of a building permit for the severed lots (Lot 1 and Lot 2), a
Professional Engineer qualified to provide acoustical services in the province of Ontario should
certify that the noise control measures for the development have been designed as per the NPC -
300 guidelines.
Municipal Consent:
Regional Staff notes that a Servicing plan has not ben received with the above application. Any
changes to the existing servicing / any new servicing connections would be require a separate
approval through Municipal Consent.
A Municipal Consent will be required for the installation of any proposed/required servicing
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://rmow.permitcentral.ca/ for further guidance for further guidance.
Water Services:
Regional Staff advises 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 327.9 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 2020.
Please be advised that Bridgeport Road East is currently subject to major construction and
rehabilitation with anticipated construction scheduled to begin in 2024. The transportation capital
project number (TCP) is 7352. This project will be assigned to a project manager in the near
future, however any questions or concerns at this time can be directed to Frank Kosa who can be
reached at FKosaa-regionofwaterloo.ca.
The Region has no objection to the proposed application, subject to the following conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent review fee
of $350.00 per new lot created.
2) That prior to final approval, the owner/applicant submit a draft reference plan identifying
the road widening dedication and mutual access for review and approval by the Region.
3) That prior to final approval, the owner/applicant complete the road widening dedication to
the satisfaction of the Region.
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4) That prior to final approval the owner/applicant submit a signed mutual access agreement
to the satisfaction of the Region.
5) That prior to final approval the owner/applicant complete the required Access Permits to
the satisfaction of the Region.
6) That prior to final approval, the owner/applicant submit a lot grading plan for review and
approval by the Region.
7) The owner/applicant is required to enter into an agreement with the Region of Waterloo to
include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental
agreements and condominium declarations for all dwellings 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) Prior to issuance of a building permit for the severed lands, a Professional
Engineer qualified to provide acoustical services in the Province of Ontario should
certify that the noise control measures for the development have been designed
as per the NPC -300 guidelines.
c) The following noise warning clauses will be required to be included on all offers of
purchase, deeds and rental agreements for the dwelling(s):
"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 (ROW) and the Ministry of the Environment Conservation and
Parks (MECP) ".
"Purchaser/tenants are advised that sound levels due to increasing road
traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85)
may on occasions interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo
(ROW) and the Ministry of the Environment Conservation and Parks
(MECP) ".
8) The owner/applicant is required to enter into an agreement with the Region of Waterloo to
include the following noise warning clause be included in all Offers of Purchase and Sale,
lease/rental agreements and condominium declarations for all dwellings on the retained
lands:
a) The following noise warning clause will be required to be included on all offers of
purchase, deeds and rental agreements for the dwelling(s):
"Purchaser/tenants are advised that sound levels due to increasing road
traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85)
may on occasions interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo
(ROW) and the Ministry of the Environment Conservation and Parks
(MECP) ".
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RECOMMENDATION:
A. That Application B2020-039 requesting consent to sever a parcel of land having a width
of 24 metres metres and an area of 1,238.8 mz 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 provides a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or Agn (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. The Owner shall enter into a modified subdivision agreement with the City of Kitchener to be
prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and
registered on title of the Retained and Severed lands. Said agreement shall include the
following special conditions:
Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever
shall occur first:
a) The Owner shall implement all approved measures for the protection of trees as
approved in the Tree Management Plan (where applicable) and to provide written
certification from the Owner's Environmental Consultant to the City's Director of
Planning that all protection measures have been implemented and inspected, in
accordance with the City's Tree Management Policy. No changes to the said plans
shall be granted, except with prior approval from the City's Director of Planning.
Further, the Owner shall implement all measures of the approved Landscape Plan.
Prior to Application for and Issuance of any Building Permits:
b) The Owner shall photo -document the Retained and Severed lands, including the
interior of the existing dwelling on the Retained lands.
c) The Owner agrees through the Issuance of a Notice of Intent to Designate that the
Retained lands will be designated under Part IV of the Ontario Heritage Act, in
accordance with the heritage attributes listed in the approved Heritage Impact
Assessment, prepared by Amy Barnes Consulting, dated June 2020.
d) The Owner shall submit building elevation, building location, and lot grading
drawings for the Severed lands in accordance with the approved Heritage Impact
Assessment, prepared by Amy Barnes Consulting, dated June 2020, for approval
by the City's Director of Planning. Further, the Owner shall design and construct
the dwellings on the Severed lands in accordance with the approved plans, to the
satisfaction of the City's Chief Building Official. further agrees that the dwellings
shall be designed and constructed in accordance.
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4. That the Owner shall prepare a Landscape Plan for the Retained lands which is to be
approved by the Director of Planning. Such plan shall include sympathetic plantings to re-
establish the east edge of the Retained lands and re-establish the vista and linear focal point
from the terrace along the new property line, as identified in the approved Heritage Impact
Assessment prepared by Amy Barnes Consulting, and dated June 2020.
5. The Owner shall prepare and submit for review a Conservation Plan for the Retained lands
which is to be approved by the Director of Planning.
6. 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 prepare a Tree Preservation/Enhancement Plan 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 and where necessary,
implemented prior to any grading, tree removal or the issuance of building permits.
Such plans shall include, among other matters, the identification of a proposed
building envelope/work zone, landscaped area and vegetation to be preserved.
b) 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.
7. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication
equal in the amount of $$11,040.00, which is required on the severed parcel. Park
Dedication is calculated at 5% of the new development lots only, with a land valuation
calculated by the lineal frontage of 24.Om at a land value of $9,200 per frontage meter.
8. That the Owner makes 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.
9. That the Owner, in accordance with Section 53 of the Ontario Water Resources Act, obtain
an environmental certificate of approval for sewage works from the Ministry of the
Environment, Conservation and Parks for the extension of the municipal sewer, to the
satisfaction of the City's Engineering Services.
10. That the Owner provides a servicing plan showing outlets to the municipal servicing system
to the satisfaction of the Director of Engineering Services.
11. That the Owner makes financial arrangements to the satisfaction of the City's Engineering
Services for the installation, to City standards, of boulevard landscaping including street
trees, and a paved driveway ramp (if provided), on the severed lands.
12. 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.
13. 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
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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.
14. That prior to final approval, the owner/applicant submit the Regional consent review fee
of $350.00 per new lot created.
15. That prior to final approval, the owner/applicant submit a draft reference plan identifying
the road widening dedication and mutual access for review and approval by the Region.
16. That prior to final approval, the owner/applicant complete the road widening dedication to
the satisfaction of the Region.
17. That prior to final approval the owner/applicant submit a signed mutual access agreement
to the satisfaction of the Region.
18. That prior to final approval the owner/applicant complete the required Access Permits to
the satisfaction of the Region.
19. That prior to final approval, the owner/applicant submit a lot grading plan for review and
approval by the Region.
20. The owner/applicant is required to enter into an agreement with the Region of Waterloo to
include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental
agreements and condominium declarations for all dwellings 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. Prior to issuance of a building permit for the severed lands, a Professional
Engineer qualified to provide acoustical services in the Province of Ontario should
certify that the noise control measures for the development have been designed
as per the NPC -300 guidelines.
c. The following noise warning clauses will be required to be included on all offers of
purchase, deeds and rental agreements for the dwelling(s):
"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 (ROW) and the Ministry of the Environment Conservation and
Parks (MECP) ".
"Purchaser/tenants are advised that sound levels due to increasing road
traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85)
may on occasions interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo
(ROW and the Ministry of the Environment Conservation and Parks
(MECP) ".
13
21. The owner/applicant is required to enter into an agreement with the Region of Waterloo to
include the following noise warning clause be included in all Offers of Purchase and Sale,
lease/rental agreements and condominium declarations for all dwellings on the retained
lands:
a. The following noise warning clause will be required to be included on all offers of
purchase, deeds and rental agreements for the dwelling(s):
"Purchaser/tenants are advised that sound levels due to increasing road
traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85)
may on occasions interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo
(ROW) and the Ministry of the Environment Conservation and Parks
(MECP) ".
B. That Application B2020-040 requesting consent to sever a parcel of land having a width
of 24 metres metres and an area of 1,049.4 m2° as well the creation of a 51.6 m2 access
easement in favour of the retained 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 to the satisfaction of the City's Revenue
Division.
2. That the Owner provides a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or Agn (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 Transfer Easement document required to create the Easement 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 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.
5. The Owner shall enter into a modified subdivision agreement with the City of Kitchener to be
prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and
registered on title of the Retained and Severed lands. Said agreement shall include the
following special conditions:
14
Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever
shall occur first:
a) The Owner shall implement all approved measures for the protection of trees as
approved in the Tree Management Plan (where applicable) and to provide written
certification from the Owner's Environmental Consultant to the City's Director of
Planning that all protection measures have been implemented and inspected, in
accordance with the City's Tree Management Policy. No changes to the said plans
shall be granted, except with prior approval from the City's Director of Planning.
Further, the Owner shall implement all measures of the approved Landscape Plan.
Prior to Application for and Issuance of any Building Permits:
b) The owner shall photo -document the Retained and Severed lands, including the
interior of the existing dwelling on the Retained lands.
c) The Owner agrees through the Issuance of a Notice of Intent to Designate that the
Retained lands will be designated under Part IV of the Ontario Heritage Act, in
accordance with the heritage attributes listed in the approved Heritage Impact
Assessment, prepared by Amy Barnes Consulting, dated June 2020.
d) The Owner shall submit building elevation, building location, and lot grading
drawings for the Severed lands in accordance with the approved Heritage Impact
Assessment, prepared by Amy Barnes Consulting, dated June 2020, for approval
by the City's Director of Planning. Further, the Owner shall design and construct
the dwellings on the Severed lands in accordance with the approved plans, to the
satisfaction of the City's Chief Building Official. further agrees that the dwellings
shall be designed and constructed in accordance
6. That the Owner shall prepare a Landscape Plan for the Retained lands which is to be
approved by the Director of Planning. Such plan shall include sympathetic plantings to re-
establish the east edge of the Retained lands and re-establish the vista and linear focal point
from the terrace along the new property line, as identified in the approved Heritage Impact
Assessment prepared by Amy Barnes Consulting, and dated June 2020.
7. The Owner shall prepare and submit for review a Conservation Plan for the Retained lands
which is to be approved by the Director of Planning.
8. 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 prepare a Tree Preservation/Enhancement Plan 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 and where necessary,
implemented prior to any grading, tree removal or the issuance of building permits.
Such plans shall include, among other matters, the identification of a proposed
building envelope/work zone, landscaped area and vegetation to be preserved.
b) 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.
15
9. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication
equal in the amount of $$11,040.00, which is required on the severed parcel. Park Dedication
is calculated at 5% of the new development lots only, with a land valuation calculated by the
lineal frontage of 24.Om at a land value of $9,200 per frontage meter.
10. That the Owner makes 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.
11. That the Owner, in accordance with Section 53 of the Ontario Water Resources Act, obtain
an environmental certificate of approval for sewage works from the Ministry of the
Environment, Conservation and Parks for the extension of the municipal sewer, to the
satisfaction of the City's Engineering Services.
12. That the Owner provides a servicing plan showing outlets to the municipal servicing system
to the satisfaction of the Director of Engineering Services.
13. That the Owner makes financial arrangements to the satisfaction of the City's Engineering
Services for the installation, to City standards, of boulevard landscaping including street
trees, and a paved driveway ramp (if provided), on the severed lands.
14. 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.
15. 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.
16. That prior to final approval, the Owner/applicant submit the Regional consent review fee
of $350.00 per new lot created.
17. That prior to final approval, the Owner/applicant submit a draft reference plan identifying
the road widening dedication and mutual access for review and approval by the Region.
18. That prior to final approval, the Owner/applicant complete the road widening dedication to
the satisfaction of the Region.
19. That prior to final approval the Owner/applicant submit a signed mutual access agreement
to the satisfaction of the Region.
20. That prior to final approval the Owner/applicant complete the required Access Permits to
the satisfaction of the Region.
21. That prior to final approval, the Owner/applicant submit a lot grading plan for review and
approval by the Region.
16
22. The Owner/applicant is required to enter into an agreement with the Region of Waterloo
to include the following noise warning clauses in all Offers of Purchase and Sale,
lease/rental agreements and condominium declarations for all dwellings 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. Prior to issuance of a building permit for the severed lands, a Professional
Engineer qualified to provide acoustical services in the Province of Ontario should
certify that the noise control measures for the development have been designed
as per the NPC -300 guidelines.
c. The following noise warning clauses will be required to be included on all offers of
purchase, deeds and rental agreements for the dwelling(s):
"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 (ROW) and the Ministry of the Environment Conservation and
Parks (MECP) ".
"Purchaser/tenants are advised that sound levels due to increasing road
traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85)
may on occasions interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo
(ROW) and the Ministry of the Environment Conservation and Parks
(MECP) ".
23. The Owner/applicant is required to enter into an agreement with the Region of Waterloo
to include the following noise warning clause be included in all Offers of Purchase and
Sale, lease/rental agreements and condominium declarations for all dwellings on the
retained lands:
a. The following noise warning clause will be required to be included on all offers of
purchase, deeds and rental agreements for the dwelling(s):
"Purchaser/tenants are advised that sound levels due to increasing road
traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85)
may on occasions interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo
(ROW) and the Ministry of the Environment Conservation and Parks
(MECP) ".
17
- W, ZN-2�
Richard Kelly-Ruetz, BES
Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
18
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 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rloo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/20 KIT
October 9, 2020
Re: Comments for Consent Applications B2020-039 to 62020-
041
Committee of Adjustment Hearing October 20, 2020
CITY OF KITCHENER
B2020-039 and B2020-040
518 Bridgeport Road East
Elev8 Properties Inc.
The owner/applicant is proposing to sever the existing parcel for the creation of a total
of three lots. The existing single detached would remain and a new lot would be created
to the east and to the west. The proposed lot to the west would have a new driveway
access to Bridgeport Road, while the access to the existing dwelling would remain and
provide access/egress for both the existing dwelling and the new lot to the east. In order
to accommodate this shared access an easement will be required over a specific
portion of the new eastern lot.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Road Widening:
Regional Staff acknowledge that the designated road width of Bridgeport Road (RR
#09) at this location is 30.48m whereas the existing right-of-way is 26.Om
approximately. The existing road centre does not represent the true historic road
centreline. Therefore, a dedicated road widening up to 15.24m from the road centreline
(3.6 m approximately) will be required to be conveyed to the Region at the owner' s cost
to comply with the ROP designated width of 30.48m for Bridgeport Road (RR #09). An
Document Number: 3424524 Version: 1
Ontario Land Surveyor (OLS) must determine the exact amount of dedicated road
widening based on the historic centreline of Bridgeport Road East (RR # 09).
Regional Staff except that additional lands along this property frontage might be
acquired for Bridgeport Road reconstruction and major rehabilitation project currently
scheduled for the year 2024. However, the preliminary design is not available at this
time. It is expected that approximate 5.Om from current property line, might be the land
acquisition needs for the road reconstruction project; although nothing is sure at this
time as preliminary design is not available at this stage.
These future lands must also be shown on the Severance plan to ensure no building or
private infrastructure would encroach into the future road right-of-way. The buildings on
the lots to be severed must be setback accordingly.
A draft reference plan must be provided for review by the Regional staff prior to
depositing the reference plan with the Land Registry office.
Transportation Capital Project:
Regional Staff note that Bridgeport Road in this location is scheduled for reconstruction
during the year 2024 (design to start in the year 2020). Preliminary design is not
available at this stage, however, it is expected that additional lands up to 5.Om from the
existing property line might is acquired for this road project.
For more information on the reconstruction of Bridgeport road, please contact William
Gilbert @ 519-575-4603 Email: WGilbert(d)-regionofwaterloo.ca
Access Permits:
Regional Staff acknowledge that the application specifies the existing residential
building and the proposed severed lot to the east will be accessed by the existing
access with an access easement. Regional Staff will require the owner/applicant to
complete a Mutual Access Agreement that will be registered on title for both properties.
The owner/applicant may choose to have separate entrances for each of the severed
and retained lots, provided the grades permit to do so (there are no visibility concerns
for the property frontage).
The existing access does not comply with the Regional standards (is too acute with the
road centreline) and must be modified as mentioned in the foregoing. Both the existing
and the proposed westerly access for the severed lot must be aligned at an angles of
preferably at 900 (at the most within 700 to 1100 ) with the road centreline at the future
property line and should have a straight centre line. The angle of access with the future
property line must be shown on the plans. In addition, the difference in slope along
access centreline must not exceed 10% in any 3m section. The access must have
throat width of 3.7m — 6.Om ((at future property line) and minimum 1.5m (3.Om
preferred) radii / flare out, at the edge of pavement.
Document Number: 3424524 Version: 1
The access easement to the existing house and the easterly severed lot should be
completely located internally and must take into consideration the lands to be dedicated
to the Region; and the alignment of the entrances as per Regional standards, as
mentioned above.
Regional Staff acknowledge there has been on-going discussions with City of Kitchener
Staff as the property is on the Municipal Heritage Register as a non -designated property
of cultural heritage value or interest. The Heritage Impact Assessment recommended
that the existing entrance be maintained in support of the existing dwelling and that
access for the proposed eastern lot be provided by a shared access. Regional Staff are
satisfied with these considerations and the shared access with the eastern lot. However,
the owner/applicant must contact Regional Staff to ensure all proposed accesses (i.e.
the western access) meet the access design configuration with the Region.
For each access, an access permit application along with $100 each application fee
would be required for access modification for the existing entrance (shared access); and
for the proposed severed lot(s) and the retained lot, as the case may be.
All costs associated with a private access are Owner' s responsibility.
The Regional Access Permit Application is available at:
https://forms. regionofwaterloo. ca/ePay/PDLS-Online-Payment-Forms/Application-and-
Paym ent-for-an-Access-Permit
Grading Plan:
Regional Staff will require an engineered detailed lot grading plan, to the satisfaction of
the Region, that shows spot grades on the lands abutting the Regional road right-of-way
and along the centreline of the accesses.
Environmental Noise:
Regional Staff note that the subject property would have impacts from road traffic on
Bridgeport Road (RR #09) as well as from Conestoga Parkway (Highway 85). As a
result, the owner/applicant is required to enter into an agreement with the Region of
Waterloo to include the following noise warning clauses in all Offers of Purchase and
Sale, lease/rental agreements and condominium declarations for all dwellings on the
severed and retained lands.
Severed Lots:
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 clauses will be required to be included on all offers
of purchase, deeds and rental agreements for the dwelling(s):
"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
Document Number: 3424524 Version: 1
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 (ROW) and the Ministry
of the Environment Conservation and Parks (MECP) ".
ii. "Purchaser/tenants are advised that sound levels due to increasing
road traffic on Bridgeport Road (RR #09) and Conestoga Parkway
(Highway 85) may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level
limits of the Region of Waterloo (ROW) and the Ministry of the
Environment Conservation and Parks (MECP) ".
Retained Lot:
a) The following noise warning clause will be required to be included on all offers of
purchase, deeds and rental agreements for the dwelling(s):
"Purchaser/tenants are advised that sound levels due to increasing road
traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway
85) may on occasions interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the Region
of Waterloo (ROW) and the Ministry of the Environment Conservation and
Parks (MECP) ".
In addition, prior to the issuance of a building permit for the severed lots (Lot 1 and Lot
2), a Professional Engineer qualified to provide acoustical services in the province of
Ontario should certify that the noise control measures for the development have been
designed as per the NPC -300 guidelines.
Municipal Consent:
Regional Staff note that a Servicing plan has not ben received with the above
application. Any changes to the existing servicing / any new servicing connections
would be require a separate approval through Municipal Consent.
A Municipal Consent will be required for the installation of any proposed/required
servicing 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://rmow.permitcentral.ca/ for further guidance for further
guidance.
Water Services:
Regional Staff advise 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 327.9 mASL will require individual pressure reducing devices on each water
Document Number: 3424524 Version: 1
service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental
Specifications for Municipal Services for January 2020.
Please be advised that Bridgeport Road East is currently subject to major construction
and rehabilitation with anticipated construction scheduled to begin in 2024. The
transportation capital project number (TCP) is 7352. This project will be assigned to a
project manager in the near future, however any questions or concerns at this time can
be directed to Frank Kosa who can be reached at FKosa _regionofwaterloo.ca.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) That prior to final approval, the owner/applicant submit a draft reference plan
identifying the road widening dedication and mutual access for review and
approval by the Region.
3) That prior to final approval, the owner/applicant complete the road widening
dedication to the satisfaction of the Region.
4) That prior to final approval the owner/applicant submit a signed mutual access
agreement to the satisfaction of the Region.
5) That prior to final approval the owner/applicant complete the required Access
Permits to the satisfaction of the Region.
6) That prior to final approval, the owner/applicant submit a lot grading plan for
review and approval by the Region.
7) The owner/applicant is required to enter into an agreement with the Region of
Waterloo to include the following noise warning clauses in all Offers of Purchase
and Sale, lease/rental agreements and condominium declarations for all
dwellings 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) Prior to issuance of a building permit for the severed lands, a Professional
Engineer qualified to provide acoustical services in the Province of Ontario
should certify that the noise control measures for the development have
been designed as per the NPC -300 guidelines.
Document Number: 3424524 Version: 1
c) The following noise warning clauses will be required to be included on all
offers of purchase, deeds and rental agreements for the dwelling(s):
"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 (ROW) and the Ministry
of the Environment Conservation and Parks (MECP) ".
"Purchaser/tenants are advised that sound levels due to increasing
road traffic on Bridgeport Road (RR #09) and Conestoga Parkway
(Highway 85) may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level
limits of the Region of Waterloo (ROW) and the Ministry of the
Environment Conservation and Parks (MECP) ".
8) The owner/applicant is required to enter into an agreement with the Region of
Waterloo to include the following noise warning clause be included in all Offers of
Purchase and Sale, lease/rental agreements and condominium declarations for
all dwellings on the retained lands:
a) The following noise warning clause will be required to be included on all
offers of purchase, deeds and rental agreements for the dwelling(s):
"Purchaser/tenants are advised that sound levels due to increasing
road traffic on Bridgeport Road (RR #09) and Conestoga Parkway
(Highway 85) may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level
limits of the Region of Waterloo (ROW) and the Ministry of the
Environment Conservation and Parks (MECP) ".
B2020-041
124 Mill Street
Binas Faikovska
The owner/applicant is proposing to sever the existing lot to permit the existing semi-
detached dwellings to be on separate lots.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Document Number: 3424524 Version: 1
Environmental Noise:
Regional Staff acknowledge that no new building is being proposed as part of the subject
application as the purpose is to allow the existing semi-detached dwellings to be on
separate lots. Therefore, Regional Staff will require the owner/applicant to enter into an
agreement with the City of Kitchener to include the following noise warning clause be
included in all Offers of Purchase and Sale, lease/rental agreements and condominium
declarations for all dwellings on the severed and retained lands:
"Warning: 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."
ii. "Purchaser/tenants are advised that sound levels due to increasing
transportation noise (road and railway) in the vicinity, may on occasions
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 & Parks (MOECP)."
Water Services:
Regional Staff advise that 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 327.9 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 2020.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) The owner/applicant to enter into an agreement with the City of Kitchener to
include the following noise warning clause be included in all Offers of Purchase
and Sale, lease/rental agreements and condominium declarations for all
dwellings on the severed and retained lands:
"Warning: Canadian National Railway Company or its assigns or
successors in interest has or have a rights-of-way within 300 metres from
Document Number: 3424524 Version: 1
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."
"Purchaser/tenants are advised that sound levels due to increasing
transportation noise (road and railway) in the vicinity, may on occasions
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 & Parks (MOECP)."
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,
Matthew Colley,
Planner
Document Number: 3424524 Version: 1
October 8, 2020
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Holly Dyson, Administrative Clerk Via email only
Legislated Services, City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Dyson,
Re: October 20, 2020 Committee of Adjustment Meeting
Applications for Minor Variance
If the City would like to request the review of a specific application, please contact the
undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at
this time and comments will not be issued.
Applications for Consent
B 2020-026
225
Fairway Road South
B 2020-033
4 Westgate
Walk
B 2020-039
518
Bridgeport Road East
B 2020-040
518
Bridgeport Road East
B 2020-041
122-124
Mill Street
The above -noted consent 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 at 519-621-2763 ext. 2228 or aherremana-grandriver.ca.
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 Page 1 of 1
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River
