HomeMy WebLinkAboutDSD-2021-28 - B 2021-011 - Fairway Rd N, Woolner Tr & Old Zeller DrI
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REPORT TO: Committee of Adjustment
DATE OF MEETING: March 16, 2021
SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157
PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: March 8, 2021
REPORT NO.: DSD -2021-028
SUBJECT: Consent Application B2021-011
Fairway and Woolner Trail
Owner — Grand River Conservation Authority (GRCA)
Applicant — Kevin Muir, GSP Group
RECOMMENDATION:
That Application B2020-011 proposing to sever a parcel that is approximately 6.92 hectare
(17.1 acre) in size, be deferred to the April 20, 2021 Committee of Adjustment meeting.
REPORT HIGHLIGHTS:
The application proposes to sever a parcel that is approximately 6.92 hectares (17.1 acres) in size
from a larger parcel of land owned by the Grand River Conservation Authority (GRCA), for the
purposes of sale to the Waterloo Catholic District School Board. In 2010, the GRCA Board declared
this portion surplus to the Authority's objectives and directed GRCA staff to proceed to prepare the
sale of this site.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Location Map
BACKGROUND:
The proposed severed lands are designated as Mixed Use and Low Rise Residential in the Official
Plan and identified as a Neighbourhood Node and Community Area on the City's Urban Structure
Map. The proposed served lands are zoned as Agricultural Zone (A-1) with Special Use Regulation
69U and Regulation 107R (site specific regulations for the former pit operations).
The proposed retained lands are designated as Natural Heritage System in the Official Plan and
identified as a Green Area on the City's Urban Structure Map. The proposed retained lands are
zoned as Hazard Land Zone (P-3).
REPORT:
Planning Comments:
While a future Official Plan Amendment, Zoning By-law Amendment, and a Site Plan application are
expected to be submitted by WDCSB in future, the proposed severed lands do not meet the minimum
lot width and area requirements of the Agriculture (A-1) Zone. A minor variance application is also
required.
The subject lands are adjacent to a cultural heritage resource. The property municipally addressed
as 80 Woolner Trail is designated under Part IV of the Ontario Heritage Act, subject to a Heritage
Conservation Easement Agreement, and identified as a significant Cultural Heritage Landscape in
the 2014 Cultural Heritage Landscape Study. An HIA was submitted and is on the agenda for
information and comment at the April 6th Heritage Kitchener advisory committee meeting.
Planning staff would appreciate additional time to discuss Regional comments to determine if some
requirements are best deferred to future development applications.
For these reasons, Planning staff is recommending deferral of these applications to the April 20,
2021 Committee of Adjustment Meeting.
Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Comments:
Transportation Services will require the installation of a concrete sidewalk or multi -use trail along
Woolner Trail through the site plan process. Therefore, there will be no requirement for funds for
future sidewalk along the Woolner Trail frontage of the severed portion of the property.
Heritage Comments:
The subject land located at the south east corner of Fairway Road and Woolner Trail, owned by the
Grand River Conservation Authority (GRCA), is located adjacent to a cultural heritage resource. The
property municipally addressed as 80 Woolner Trail is designated under Part IV of the Ontario
Heritage Act, subject to a Heritage Conservation Easement Agreement, and identified as a
significant Cultural Heritage Landscape in the 2014 Cultural Heritage Landscape Study.
As part of the pre -submission consultation process, heritage planning staff identified the requirement
for the submission of a Heritage Impact Assessment to address potential impact of the proposed
official plan amendment, zone change and severance on the existing cultural heritage resource and
its heritage attributes. Staff advised that the HIA may be circulated to the City's Heritage Kitchener
advisory committee for information and comment. Staff recommended that the HIA be coordinated
among all planning applications, especially if they are made concurrently or in close succession.
An HIA was submitted electronically on February 18, 2021. The HIA is dated February 2021 and
prepared by McCallumSather. Heritage planning staff were unable to schedule the HIA for
information and comment at the March Heritage Kitchener advisory committee meeting as the
agenda was full and had already been distributed to the public. Heritage planning staff will schedule
the HIA for information and comment at the April 6th Heritage Kitchener advisory committee meeting.
The consent application (82021-011) proposes to sever a portion of the lands for the construction of
a new school. Additional applications are required to facilitate the construction of a new school,
including: a zoning by-law amendment and site plan. Heritage planning staff will commence review
of the HIA, seek information and comments from the Heritage Kitchener advisory committee in April,
and implement recommendations of the approved HIA through future planning applications. As a
result, heritage planning staff has no concerns with the current consent 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. 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 or Region of Waterloo (depending on driveway
location) 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 outlets to the municipal servicing system will be required to the satisfaction
of the Engineering Division.
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.
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.
All Engineering conditions will be addressed through the future site planning process
Operations Comments:
As per section 3.2.8 of the current Parkland Dedication Policy, the applicant is exempt from parkland
dedication requirements. Any changes to the current application may require a revised parkland
dedication.
Environmental Planning Comments:
Environmental Planning has no concerns as the lands designated Natural Heritage Conservation
will be retained by the GRCA and a Tree Preservation / Enhancement Plan can be submitted with
the ZBA.
Regional Comments:
Noise
Regional Staff notes 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 notes 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 lands
to 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/stationary noise study for the severed lands,
Regional Staff require the owner 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:
"Prospective purchasers 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 this
flight path may cause concern to some individuals".
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 notes 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 notes 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 notes 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/applicant is 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 the airport 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.
It is the landowner's responsibility to be aware, and to make all users of the land aware of the
restrictions under these Regulations. This may include but is not limited to height restrictions on
buildings or structures, height of natural growth, interference with communications, and activities or
uses that attract birds.
The owner/applicant is 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), Transport Canada 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 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.
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 notes 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 no
connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the
Design Guidelines and Supplemental Specifications for Municipal Services for January 2020.
Environmental Planning
Regional Staff notes 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 notes 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 Reauirements
Traffic Impact Study (TIS) / Access Regulation
Regional Staff notes a Transportation 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 findings of 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 entrance(s) will be owner's
responsibility. Agreement to provide funds for any works related with the private entrance(s) will be
required.
Access Permit
Regional Staff will require a Regional 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.
Regional Staff notes it is the responsibility of the owner/applicant's engineering consultant to
determine an 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 notes that Municipal Consent will be required for the installation of any new and
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 commencing construction within the Region' s right
of way. In this regard, for further guidance, please visit:
httas://rmow. Dermitcentral.ca/
The Region has no objection to the proposed application, subject to the following conditions
1) That prior to final approval, the owner/applicant complete a road traffic and aircraft noise
study to 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 1 above, that prior to final approval, the
owner/applicant enter into an 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:
"Prospective purchasers 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 this flight path may cause concern to some individuals".
3) That prior to final approval, the owner/applicant complete 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 the Region of Waterloo to 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/applicant complete 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/applicant removes any easements no longer
required on the severed and retained lands, to the satisfaction of the Region 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.
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 advises interested 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.
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Region of Waterloo Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwate rloo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/21 KIT
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 Applications B2021-009 to 62021-
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
KCam pbell(a,regionofwaterloo.ca
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
service in accordance with Section 13.2.4.7 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.
*011YA Qe7i [o7
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 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 13.2.4.7 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 dwelling unit(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
the Ministry of the Environment Conservation & Parks (MOECP)."
b. "This unit has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that
the indoor sound levels are within the sound level limits of the Region of
Waterloo and the Ministry of the Environment Conservation & Parks
(MOECP). "
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 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 lands will be
registered with the following noise warnings clauses on title:
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
Conservation & Parks (MOECP)."
ii. "This unit has been designed with the provision of adding central
air conditioning at the occupant's discretion. Installation of central
air conditioning by the occupant in low and medium density
developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MOECP)."
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. perm itcentral.ca/Permit/GroupApply?groupld=3
The owner/applicant must also complete a Stationary Noise study for the proposed
severed lands to 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/stationary noise study for the
severed lands, Regional Staff require the owner 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:
"Prospective purchasers 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 this flight path may cause concern to some
individuals".
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/applicant is 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 the airport 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.
It is the landowner's responsibility to be aware, and to make all users of the land aware
of the restrictions under these Regulations. This may include but is not limited to height
restrictions on buildings or structures, height of natural growth, interference with
communications, and activities or uses that attract birds.
The owner/applicant is 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), Transport Canada 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 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 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 no connection to Regional watermains will be permitted in accordance with
Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for
Municipal Services for January 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 a Transportation 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 findings of 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
entrance(s) will be owner's responsibility. Agreement to provide funds for any works
related with the private entrance(s) will be required.
Access Permit:
Regional Staff will require a Regional 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-Perm it-Aaalication
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.
Regional Staff note it is the responsibility of the owner/applicant's engineering
consultant to determine an 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 Servicinq 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 that Municipal Consent will be required for the installation of any
new and 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
commencing construction within the Region' s right of way. In this regard, for further
guidance, please visit:
https://rmow. perm itcentral.ca/
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant complete a road traffic and aircraft
noise study to 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 1 above, that prior to final approval, the
owner/applicant enter into an 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:
"Prospective purchasers 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 this flight path
may cause concern to some individuals".
3) That prior to final approval, the owner/applicant complete 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 the Region of Waterloo to
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/applicant complete 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/applicant removes any easements no longer
required on the severed and retained lands, to the satisfaction of the Region 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 dwelling unit(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 Victoria 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
Conservation & Parks (MOECP)."
b. "This unit has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that
the indoor sound levels are within the sound level limits of the Region of
Waterloo and the Ministry of the Environment Conservation & Parks
(MOECP). "
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 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:
"Purchaser/tenants are advised that sound levels due to increasing
road traffic on Victoria 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 Conservation & Parks (MOECP)."
ii. "This unit has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density
developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MOECP)."
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
service in accordance with Section 13.2.4.7 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
Region's Threats Inventory Database. Regional Staff note that 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 dwelling unit(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 Victoria 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
Conservation & Parks (MOECP)."
b. "This unit has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that
the indoor sound levels are within the sound level limits of the Region of
Waterloo and the Ministry of the Environment Conservation & Parks
(MOECP). "
Record of Site Condition:
Regional Staff note that the subject properties are identified a former landfill in the
Region's Threats Inventory Database. Regional Staff note that the owner/applicant has
previously completed a Record of Site Condition (#225578) and have no further
concerns.
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 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:
"Purchaser/tenants are advised that sound levels due to increasing
road traffic on Victoria 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 Conservation & Parks (MOECP)."
ii. "This unit has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density
developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MOECP)."
*011YA Ell 1i C!
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 dwelling unit(s) must be installed with air -ducted heating and ventilation
system, suitably sized and designed with provision of adding central air
conditioning.
2) That prior to issuance of a building permit, the City of Kitchener's building
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. "The purchasers/tenants are advised that despite the inclusion of 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 Parks (MOECP) noise level criteria."
b. "This unit has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that
the indoor sound levels are within the sound level limits of the Region of
Waterloo and the Ministry of the Environment Conservation & Parks
(MOECP). "
Water Services:
Regional Staff advise the subject property is located in Kitchener Zone 5 with a static
hydraulic grade line of 407 mASL. Any development with a finished road elevation
below 350.60 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) That prior to final approval, the owner/applicant enter into an agreement with the
Region of Waterloo 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. That prior to issuance of a building permit, the City of Kitchener's building
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:
"The purchasers/tenants are advised that despite the inclusion of
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
Parks (MOECP) noise level criteria."
ii. "This unit has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density
developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & 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, MCIP, RPP
.and R►��°�
C? �
�ation P�
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
PLAN REVIEW REPORT: Dianna Saunderson
City of Kitchener
DATE: FILE:
March 1, 2021 Severance — Fairway Road North at Woolner Trail
RE: Consent Application B2021-011
Fairway Road North at Woolner Trail
Waterloo Catholic District School Board
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no concerns with the application.
BACKGROUND:
1. Resource Issues:
Information currently available at our office indicates that the subject lands contain
the Grand River and its floodplain. The GRCA currently owns the property, but the
purpose of this letter is to advise on the natural hazard aspect of the application.
2. Legislative/Policy Requirements and Implications:
Due to the presence of the river and the floodplain, the GRCA regulates a portion of
the property under Ontario Regulation 150/06 (Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future
development within the regulated area (as shown in yellow on the attached map) will
require a permit from the GRCA pursuant to Ontario Regulation 150/06.
The proposed severed parcel is outside of the floodplain, and more than 5 metres
away from the regulatory floodplain. As such, the severed parcel would not be
regulated by the GRCA, and we have no concerns with the application from a
natural hazard perspective.
3. Review Fees:
This application is considered a minor consent, and in accordance with the GRCA's
2021 Plan Review Fee Schedule, the applicable fee is $430. An invoice will be sent
to the applicant.
Page 1 of 2
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
We trust this information is of assistance. If you have any questions or require additional
information, please contact me at 519-621-2763 ext. 2292 or theywood(a-)grandriver. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
* These comments are respectfully submitted as advice and reflect resource concerns within the
scope and mandate of the Grand River Conservation Authority
Attachment
C. C. Kevin Muir, GSP Group
Page 2 of 2
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March 4, 2021
Ms. Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment
Kitchener City Hall
200 King Street West
Kitchener, ON N2G 4G7
Dear Ms. Saunderson,
Re: Committee of Adjustment Application B 2021-011
I am the owner of in the City of Kitchener. I
appreciate your sending me the notice of the Committee of Adjustment meeting for Tuesday,
March 16th at 10 am. Although I am unable to attend this meeting, I thought that it was important
to respond in writing with my comments.
My interest is with regards to Application B2021-011 which deals with the vacant land on the
east side of Fairway Road North at Woolner Trail owned by the Grand River Conservation
Authority. While I may be in general agreement with the proposal to sever the subject land parcel,
I do have some concerns and questions which are shared by other residents in the Woolner Trail
Community. The concerns relate to the Catholic School proposed on the parcel of land to be
severed.
We have been in touch with the staff at the Waterloo Catholic District School Board regarding
several issues including those outlined below.
• Access onto Fairway Road
• Increased traffic volumes and congestion on Woolner Trail
• Type of fencing to demarcate the school site
• Building orientation on the subject property
• Insurance coverage implications at the Woolner Farmstead
We feel that these are real and practical concerns that require attention as the school use will
negatively impact out neighbourhood significantly.
We appreciate the Committee's attention to our concerns.
Sincerely,