HomeMy WebLinkAboutDSD-2021-27 - B 2021-012 & B 2021-013 - 140-142 & 146-148 Weichel StREPORT TO:Committee of Adjustment
DATE OF MEETING:March16, 2021
SUBMITTED BY:von Westerholt,Juliane,Senior Planner,519-741-2200 ext. 7157
PREPARED BY:Schneider,Eric,Planner,519-741-2200ext. 7843
WARD(S) INVOLVED:Ward 8
DATE OF REPORT:March 8, 2021
REPORT NO.:DSD-2021-27
SUBJECT:Consent ApplicationB2021-012 & B2021-013
140-148 Weichel Street
Owner- Timothy Ridge Building and Design Ltd.
Applicant: - Rebecca Hallman
RECOMMENDATION:
That application B2021-012for consent to sever into two lotsbe approved subject to the
following conditions:
1.That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of
the City’s Revenue Division;
2.That the owner provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land 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.
3.That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
That application B2021-013 for consent to sever into two lotsbe approved subject to the
following conditions:
1.That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of
the City’s Revenue Division;
2.That the owner provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land 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.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
3.That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
There are 2applications identified in this report. The ownership and requests are identical. For each
application, the applicantis requesting to create a lot by severing aproperty containing a semi-
detached duplex dwelling. The semi-detached duplex dwellings are currently under construction.
Location Map: 140-142 Weichel Street & 146-148 Weichel Street
REPORT:
BACKGROUND:
The property is designated asLow Rise Residentialin the City’s Official Plan and identified asa
Community Areaon the City’s Urban StructureMap.
The property is zoned asResidential SixZonein Zoning By-law 85-1.
On August 21, 2018, the Committee of Adjustment approved severance application B2018-048&
B2018-049to sever avacantparcel of landinto 3 lots addressed as 140, 146, and 152 Weichel
Street. The intent was that 140 & 146 Weichel Street would be developed with semi-detached duplex
dwellings, and further be severed to allow individual ownership of each side. The applicant has
obtained building permitsfor the construction of 2 semi-detached duplex dwellings. The subject
applications are now to further sever the 2 lots created in 2018 to allow individual ownership of each
side of the semi-detached duplex dwelling.
Planning Comments:
The Owner is requesting permission to severeach semi-detached duplex dwelling to create separate
ownership of each half.
140-142 Weichel Street: Theseveredlotwould have a lot width of 7.6metres, a depth of 37.10
metres, and an area of 276.79square metres.The retained lot would have a lot width of 7.6metres,
a depth of 38.04metres, and an area of 279.96square metres.
City Planning staff conducted a site inspection of the property onFebruary 24, 2021.
Semi-detached Duplex Dwelling Under Construction at 140-142 Weichel Street
(February 24, 2021)
Semi-detached Duplex Dwelling Under Construction at 146-148 Weichel Street
(February 24, 2021)
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 lotsisdesirable and
appropriate. In both applications, the use of the severed and retained parcels isin 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 lotsaresuitable for the use of the lands and compatible with the
surrounding community. The lands front onto a public street and full services are available.
Building Comments:
The Building Division has no objections to the proposed consent.
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
No environmental planning concerns.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application. Arrangements
for funds for future sidewalk was taken in a previous consent application B 2018-048.
Engineering Comments:
Engineering has noconcerns. All required servicing work has been completed with original
severance.
Operations Comments:
Parkland dedication is not required for this application as parkland dedication has already been
taken on this property.
Proposed lot fabrics
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:
B2018-048
B2018-049
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.