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HomeMy WebLinkAboutDSD-2021-30 - B 2021-010 - 54 Third AveREPORT TO:Committee of Adjustment DATE OF MEETING:March16, 2021 SUBMITTED BY:von Westerholt,Juliane,Senior Planner,519-741-2200 ext. 7157 PREPARED BY:Dumart,Craig,Planner, 519-741-2200ext. 7073 WARD(S) INVOLVED:Ward 3 DATE OF REPORT:March 5, 2021 REPORT NO.:DSD-2021-30 SUBJECT:Consent ApplicationB2021-010 54 ThirdAvenue Owners: Dragan and Nina Markovic Applicant: Dragan and Nina Markovic RECOMMENDATION: That application B2021-0010for consent to sever into two lots 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 pays to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $$4,627.14.The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3.That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyorin PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 4.That the Owner 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. 5.That any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to thesatisfaction of the City’s Engineering Division. 6.That the Owner provides a servicing plan showing outlets to the municipal servicing *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. system to the satisfaction of the Director of Engineering Services. 7.That the Owner submits a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8.That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9.That the Owner obtains a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the two lots. 10.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 prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approvalof the City’s Director of Planning showing: (i)the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii)the location of any existing buildings or structuresthat areto be removed or relocated; (iii)the proposedgrades and drainage; (iv)the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v)justification for any trees to be removed; and (vi)outline tree protection measures for trees to be preserved; and b)Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City’s Director of Planning.” 11.That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The application is requesting to create a lot by severing an existing lot into two equal sized lots. Proposed lot fabrics Location Map: 54 Third Avenue REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City’s Official Plan and identified as a Community Area on the City’s Urban Structure Map. The property is zoned as Residential Four Zone in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property is proposed to be demolishedandreplaced with new single detacheddwellings on the severedand retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. The Owner is requesting permission to sever the subject lands into two lots. The severed lot would have a lot width of 10.059metres, a depth of 40.06metres, and an area of 402.8 square metres while the retained lot would have a lot width of 10.058 metres, a depth of 40.01 metres, and an area of402.5 square metres City Planning staff conducted a site inspection of the property on February 26, 2021. Existing single detached dwelling at 54 ThirdAvenue 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. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The lands front onto a public street and full services are available. 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 all existing buildings, as well as construction of all new residential buildings. Heritage Comments: Heritage staff has no cultural heritage concernswith the proposed application. Environmental Planning Comments: The owner is required to enter into an agreement registered on title of both the severed and retained lands to submit, obtain approval of, and implement a Tree Preservation / Enhancement Plan prior to grading, building permit etc. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (eric.riek@kitchener.ca). Any new driveways are to be built to City of Kitchener standards. All works are at the owner’s expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing all outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure 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 a forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: A cash-in-lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash-in-lieu dedication required is $4,627.14. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (10.059m) at a land value of $9,200 per frontage meter. An existing Street Tree is located in the boulevard of 54 ThirdAve. Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget – The recommendation has no impact on the Capital Budget. Operating Budget –The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advisesinterested parties to find additional information on the City’s website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Matthew Colley 575-4757 ext. 3210 D20-20/21KIT March 5, 2021 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re:Comments for Consent ApplicationsB2021-009 to B2021- 014 Committee of Adjustment Hearing March 16, 2021 CITY OF KITCHENER B2021-009 104 Fifth Avenue Zoran Bogunovic The owner/applicant is proposing a severance to create a new residential 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. Airport Zoning: The owner/applicant is advised that the subject lands are located within airport zoning regulated area and specifically under the runway take-off approach surface. Therefore the land and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 419-649-2256 ext. 8511 or KCampbell@regionofwaterloo.ca Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASLwill 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 objectionto 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. B2021-010 54 Third Avenue Dragan and Nina Markovic The owner/applicant is proposing a severance to create a new residential 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. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASLwill 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within 300 metres of Highway 7/8 and within 200 metres of King Street Bypass/Kingsway Drive and would be impacted from transportation noise from traffic on the highway. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both,the severed and the retained lands: 1)The dwellingunit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2)The dwelling unit(s) will be registered with the following noise warning clauses on title: a.Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) 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 b. conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation& Parks The Region has no objectionto 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 enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a.The dwelling units(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding a central air conditioning. b.The dwelling unit(s)on the proposed severed and retained landswill be registered with the following noise warnings clauses on title: i.Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) 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 ii. air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the B2021-011 Fairway Road and Woolner Trail Grand River Conservation Authority The owner/applicant is proposing to sever a surplus 6.92 hectare portion of land from the larger GRCA parcel (17.4 hectares) for the conveyance of a new school site for the Waterloo Catholic District School Board. Regional Staff note that a formal pre-submission meeting for an Official Plan Amendment, Zoning By-Law Amendment and Consent were issued in January 2019 for the development of the subject lands. Requirements identified at this pre-submission are being secured via the consent process as applicable. Noise: Regional Staff note that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff note that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport.A detailed environmental noise study will be required to assess the impacts of transportation noise and the mitigation measures required for the proposed severed lands.The recommendations of the noise study will be implemented through an agreement with the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads.The application for Noise Assessment Application is available at: https://rmow.permitcentral.ca/Permit/GroupApply?groupId=3 The owner/applicant must also complete a Stationary Noise study for the proposed severed landsto determine the impact of stationary noise sources on on-site and off- site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. Notwithstanding the requirements for an environmental/stationarynoise studyfor the severed lands, Regional Staff require theowner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some Record of Site Condition: A Record of Site Condition (RSC) for the proposed severed and retained lands is required prior to final approval of the subject application. This is a result of the former aggregate use on the adjacent property. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo. Easements: Regional Staff note that the pre-submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection: Regional Staff note that the owner/applicant is required to decommission all wells and/or septic systems and monitoring wells on the property in accordance with Ontario Regulation 128/03 prior to site development, to the satisfaction of the Region of Waterloo. Regional Staff note that a Salt Management Plan was identified as part of the pre- submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning: The owner/applicantis advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of theairport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. of the restrictions under these Regulations. This may include but is notlimited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicantis advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), TransportCanada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASLwill 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 subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 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. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff note there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that noconnection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning: Regional Staff note there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff note there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Requirements: Traffic Impact Study (TIS) / Access Regulation: Regional Staff note aTransportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findingsof the TIS report. A pre-study meeting with Regional & the City staff will be required to discuss the scope of the study.Detailed guidelines for Transportation Impact Study are available at: https://www.regionofwaterloo.ca/en/living-here/resources/Design- Standards/Transportation-Impact-Study-Guidelines.pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements.All costs related with the private related with the private entrance(s) will be required. Access Permit: Regional Staff will require aRegional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff.Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Permit-Application Site Grading and Stormwater Management: Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. consultant to determinean appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional Servicing Report: A Functional Servicing report will be required to ensure that the required services may be provided for the proposed development. Work Permit / Municipal Consent: Regional Staff note thatMunicipal Consent will be required for the installation of any newand update to/removal of the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to guidance, please visit: https://rmow.permitcentral.ca/ The Region has no objectionto the proposed application, subject to the following conditions: 1)That prior to final approval, the owner/applicant complete a road traffic and aircraft noise studyto indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic and aircraft noise levels for the severed lands and, if deemed necessary by the Region, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 2)Notwithstanding Regional Condition 1above, that prior to final approval, the owner/applicantenter intoan agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: i.and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along thisflight path 3)That prior to final approval, the owner/applicantcomplete a stationary noise study for the severed lands to determine the impact of stationary noise sources on on- site and off-site sensitive receptors; and if deemed necessary by the Region, shall enter into an agreement with the City of Kitchener or theRegion of Waterlooto provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 4)That prior to final approval, the owner/applicantcomplete a Record of Site Condition for the severed and retained lands, and that a copy of the RSC and copy of the Ministry of the Environment, Conservation and Parks Letter of Acknowledgement be submitted to the Region, to the satisfaction of the Region of Waterloo. 5)That prior to final approval, the owner/applicantremoves any easements no longer required on the severedand retainedlands, to the satisfaction of theRegion of Waterloo. 6)That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Region of Waterloo. 7)That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. B2021-012 140 and 142 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55)and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both,the severed and the retained lands: 1)The dwellingunit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2)The dwelling unit(s) will be registered with the following noise warning clauses on title: a.Purchaser/tenants are advised that sound levels due to increasing road traffic onVictoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 b. iscretion. 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 Regionof Waterloo and the Ministry of the Environment Conservation & Parks The Region has no objectionto 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 enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a.The dwelling unit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. c.The dwelling unit(s) will be registered with the following noise warning clauses on title: i.Purchaser/tenants are advised that sound levels due to increasing road traffic onVictoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 ii.has been designed with the provision of adding central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASLwill 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. Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. B2021-013 146 and 148 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both,the severed and the retained lands: 1)The dwellingunit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2)The dwelling unit(s) will be registered with the following noise warning clauses on title: a.Purchaser/tenants are advised that sound levels due to increasing road traffic onVictoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 b. conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the previously completed a Record of Site Condition (#225578) and have no further concerns. The Region has no objectionto 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 enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a.The dwelling unit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b.The dwelling unit(s) will be registered with the following noise warning clauses on title: i.Purchaser/tenants are advised that sound levels due to increasing road traffic onVictoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 ii. conditioning at t conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the B2021-014 172 Windale Crescent Jaspal and Manpreet Virk The owner/applicant is proposing a severance to permit the construct of two semi- detached dwellings. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Highway 7/8 and Ottawa Street South (Regional Road #04) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the Region of Waterloo, for both,the severed and the retained lands: 1)The dwellingunit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. 3)The dwelling unit(s) will be registered with the following noise warning clauses on title: a. control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, b. conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks Water Services: Regional Staff advise the subject property is located in Kitchener Zone 5with a static hydraulic grade line of 407mASL. Any development with a finished road elevation below 350.60mASLwill 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 objectionto the proposed application, subject to the following conditions: 1)That prior to final approval, the owner/applicant submit the Regional consent review feeof $350.00 per new lot created. 2)That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterlooto include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a.The dwelling unit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. c.The dwelling unit(s) will be registered with the following noise warning clauses on title: i. noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and ii. conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmen 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-law19-037or 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, MCIP, RPP March 4, 2021 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:March 15,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-01051David StreetA2021-018130Samuel Street A 2021-01155Franklin Street SouthA2021-01930Waterbow Trail A 2021-01239Crosby DriveA2021-02025Margaret Avenue A 2021-0132Crosswinds DriveA2021-021331Driftwood Drive A2021-014247Lydia StreetA2021-0224278King Street East A2021-01511IanOrmston DriveA2021-0231430Highland Road West A2021-016241Simeon StreetA2021-024172WindaleCrescent A2021-01790Duchess AvenueA2021-025172WindaleCrescent Applications for Consent B 2021-009104Fifth Avenue B 2021-01054Third Avenue B 2021-012140-142 Weichel Street B 2021-013146-148 Weichel Street B2021-014172WindaleCrescent 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 aherreman@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 1of 1 the Grand River Conservation Authority.