HomeMy WebLinkAboutDSD-2021-47 - B 2021-017 - 82 Pattandon Avenuei
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Dbvelo n7entServicesDepartment www. kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 20, 2021
SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157
PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: April 9, 2021
REPORT NO.: DSD -2021-47
SUBJECT: Consent Application B2021-017
82 Pattandon Avenue
Owners: Ellen and Kevin Genova
Applicant: Janelle Hale
RECOMMENDATION:
That application B2021-017 for consent to sever the existing lot into two new lots be approved
subject to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of
the City's Revenue Division;
2. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $3,505.20.The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage
land value for the severed portion.
3. That the owner provides a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation)
format, as well as two full size paper copies of the plan(s). The digital file needs to
be submitted according to the City of Kitchener's Digital Submission Standards to
the satisfaction of the City's Mapping Technologist.
4. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the
severed and/or retained lands.
5. That any new driveways are to be built to City of Kitchener standards at the Owner's
expense prior to occupancy of the building to the satisfaction of the City's
Engineering Division.
6. That the Owner provides a servicing plan showing outlets to the municipal servicing
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
system to the satisfaction of the Director of Engineering Services.
7. That the Owner submits a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together
with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system to
the satisfaction of the Director of Engineering Services.
8. That the Owner provides Engineering staff with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then
the owner would have to pump the sewage via a pump and forcemain to the property
line and have a gravity sewer from the property line to the street to the satisfaction
of the Director of Engineering Services.
9. That the Owner obtains a demolition permit to the satisfaction of the Chief Building
Official and removes the existing dwelling prior to the creation of the two lots.
10. That the owner shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on title of the severed and retained lands which
shall include the following:
a) That prior to any grading, servicing or the application or issuance of a building
permit, the owner shall submit a plan, prepared by a qualified consultant, to the
satisfaction and approval of the City's Director of Planning showing:
(i) the proposed location of all buildings (including accessory buildings and
structures), decks and driveways;
(ii) the location of any existing buildings or structures that are to be
removed or relocated;
(iii) the proposed grades and drainage;
(iv) the location of all trees to be preserved, removed or potentially impacted
on or adjacent to the subject lands, including notations of their size,
species and condition;
(v) justification for any trees to be removed; and
(vi) outline tree protection measures for trees to be preserved; and
b) Any alteration or improvement to the lands including grading, servicing, tree
removal and the application or issuance of any building permits shall be in
compliance with the approved plan. Any changes or revisions to the plan require
the approval of the City's Director of Planning."
11. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
12. 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 will be fitted with forced air -ducted heating system suitably
sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b. The exterior walls (eastern and northern walls) facing the railway will be
constructed with brick veneer (EV/5) or acoustical equivalent.
c. That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector certify that the noise attenuation measures are
incorporated in the buildings plans and the dwelling units have been
constructed accordingly.
d. The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
L "The purchasers / tenants are advised that sound levels due to increasing
road traffic on Ottawa Street North, local municipal streets, and rail noise
from CN Railway may occasionally interfere with some activities of the
dwelling occupants as the sound levels may exceed the sound level limits
of the Waterloo Region and the Ministry of the Environment Conservation
and Parks (MECP) ".
ii. "This unit has supplied with central air conditioning system which 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 and Parks."
iii. "Warning: Canadian National Railway Company or its assigns or
successors in interest has or have a rights-of-way within 300 metres from
the land the subject thereof. There may be alterations to or expansions of
the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment
of the residents in the vicinity, notwithstanding the inclusion of any noise
and vibration attenuating measures in the design of the development and
individual dwelling(s). CNR will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way."
REPORT HIGHLIGHTS:
The application is requesting to create a lot by severing an existing lot into two equal sized lots
Location Map: 82 Pattandon Avenue
REPORT:
BACKGROUND:
The property is designated as Low Rise Conservation in the Mill Courtland Woodside Park
Neighbourhood Secondary Plan in the City's Official Plan and identified as a Major Transit Station
Area on the City's Urban Structure Map.
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Location Map: 82 Pattandon Avenue
REPORT:
BACKGROUND:
The property is designated as Low Rise Conservation in the Mill Courtland Woodside Park
Neighbourhood Secondary Plan in the City's Official Plan and identified as a Major Transit Station
Area on the City's Urban Structure Map.
The property is zoned as Residential Five Zone in Zoning By-law 85-1
Planning Comments:
The single detached dwelling on the property is proposed to be demolished and replaced with new
semi-detached dwellings on the severed and retained lands. The existing development of the
neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple
dwellings. Lot sizes vary in width, depth, and area in this neighborhood.
The Owner is requesting permission to sever the subject lands into two equal sized lots. The severed
lot would have a lot width of 7.62 metres, a depth of 37.97 metres, and an area of 289.33 square
metres while the retained lot would have a lot width of 7.62 metres, a depth of 37.97 metres, and an
area of 289.33 square metres
City Planning staff conducted a site inspection of the property on March 31, 2021
Existing single detached dwelling at 82 Pattandon Avenue
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape
of the proposed lots are suitable for the use of the lands and compatible with the surrounding
community. Staff is further of the opinion that the proposal is consistent with the Provincial Policy
Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The lands front onto
a public street and full services are available.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will be required for the demolition of all
existing buildings, as well as construction of the new residential buildings.
Heritage Comments:
Heritage staff has no cultural heritage concerns with the proposed application.
Environmental Planning Comments:
Environmental Planning has no concerns with this application.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service this
property, all prior to severance approval. Our records indicate sanitary, storm and water
municipal services are currently available to service this property. Any further enquiries in
this regard should be directed to Niall Melanson(niall.melanson(a�kitchener.ca).
• Any new driveways are to be built to City of Kitchener standards. All works are at the
owner's expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system, will be required to the
satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure
with corresponding layer names and asset information to the satisfaction of the Engineering
Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by
gravity to the street sewers. If this is not the case, then the owner would have to pump the
sewage via a pump and forcemain to the property line and have a gravity sewer from the
property line to the street.
Parks/Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development
lot will be created. The cash -in -lieu dedication required is $3,505.20.
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (7.62m) at a land value of $9,200 per frontage meter.
An existing Street Tree is located in the boulevard of 82 Pattandon Ave. Tree protection is
required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees
on City Property
It shall be the responsibility of the person or persons in charge of any lot on which the
construction, alteration or demolition of any building is taking place, to take adequate steps
for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot
and no such work shall be commenced until such protection has been provided.
Region of Waterloo Comments:
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot
created prior to final approval of the consent.
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3
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.
Environmental Noise:
Regional Staff note that the proposed severed and retained lands may have impacts from road
noise on Ottawa Street South and rail noise from CN Railway mainline. Regional Staff recommend
that the owner/applicant undertake a detailed environmental (road and railway) noise study to
assess the environmental noise impacts on the proposed residential dwellings on retained and
severed lots and determine the necessary noise attenuation measures for the proposed dwellings.
The recommendations of the detailed noise study will be implemented through a registered
agreement with the City of Kitchener
Alternatively, in lieu of an Environmental Noise Study, the following noise attenuation measures
must be implemented through a registered agreement with the City of Kitchener, for both, the
severed and the retained lands:
1) The dwelling will be fitted with forced air -ducted heating system suitably sized and
designed with provision for the installation of air conditioning in future, at the occupant's
discretion.
2) The exterior walls (eastern and northern walls) facing the railway will be constructed with
brick veneer (EW5) or acoustical equivalent.
3) The following noise warning clause will be included in all offers of purchase, deeds and
rental agreements:
"The purchasers / tenants are advised that sound levels due to increasing road
traffic on Ottawa Street North, local municipal streets, and rail noise from CN
Railway may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment Conservation and Parks
(MECP) ".
ii. "This unit has supplied with central air conditioning system which 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 and Parks."
iii. "Warning: Canadian National Railway Company or its assigns or successors in
interest has or have a rights-of-way within 300 metres from the land the subject
thereof. There may be alterations to or expansions of the railway facilities on
such rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which expansion
may affect the living environment of the residents in the vicinity, notwithstanding
the inclusion of any noise and vibration attenuating measures in the design of
the development and individual dwelling(s). CNR will not be responsible for any
complaints or claims arising from use of such facilities and/or operations on,
over or under the aforesaid rights-of-way."
4) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector
certify that the noise attenuation measures are incorporated in the buildings plans and the
dwelling units have been constructed accordingly.
Airport Zoning:
The subject property falls within the Region of Waterloo International Airport Aeronautical Zoning
Regulated area, specifically under the runway take -off approach surface and is subject to all
restrictions outlined in the Airports Aeronautical Zoning Regulations.
Although there would not be any airport specific concerns for the proposed dwellings, the
applicant(s) must complete and submit the necessary Form(s) as may be required for the
proposed buildings and cranes, and furnish the necessary information as required by NAV Canada
as provided at the link below:
https://www.navcanada.ca/en/products-and-services/Pages/land-use-program.aspx.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell(a_regionofwaterloo.ca
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 N213 4A Canada
Telephone: 519-575-4400
TTY: 519-575-46CB
Fax: 519-575-4466
www. reglonofwate ri oo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/21 KIT
April 9, 2021
Dianna Saunderson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2021-015 to 62021-
024
Committee of Adjustment Hearing April 20, 2021
CITY OF KITCHENER
B2021-015
83 Elmsdale Drive
Novacore (83 Elmsdale Drive) Inc.
The owner/applicant is proposing to create a 5 metre wide easement for sanitary
service connections from Ottawa Street.
Water Services:
Regional Staff advise that Section B.2.12.3 of the Design Guidelines and Supplemental
Specifications for Municipal Services for January 2020 states:
• No more than one individual property shall be serviced by the same service
regardless of ownership.
• In situations where a fire service is required due to infilling or site development
after the water distribution system has been installed, private hydrants can be
supplied by a separate service at the discretion of the municipality as long as it
can be demonstrated that the fire line service will not be interconnected now or
later with the domestic water system.
• In the case of multi -unit blocks, on-site servicing can be arranged to the property
owner's convenience, however, there shall only be one service from the
municipal system.
• In unique circumstances and with the approval by the Chief Municipal Engineer,
more than one service may be allowed to one property. However, a testable
Document Number: 3615619 Version: 1
backflow preventer in accordance with CAN/CSA-B64-10 shall be installed on
each service to eliminate the possibility of system flow through private property."
The Region has no objection to the proposed application.
B2021-016
83 Second Avenue
Revalue Properties Inc.
The owner/applicant is proposing a severance to create a new residential lot to facilitate
the construction 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.
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384.3 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.
Environmental Noise:
Regional Staff note that the proposed severed and retained lands may have impacts
from road noise on Conestoga Parkway (Highway 7/8). 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 will be fitted with forced air -ducted heating system suitably sized
and designed with provision for the installation of air conditioning in future, at the
occupant's discretion.
2) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to increasing
road traffic Highway 7/8 may occasionally interfere with some activities of the
dwelling occupants as the sound levels may exceed the sound level limits of
the Waterloo Region and the Ministry of the Environment Conservation and
Parks (MECP). This dwelling has been fitted with a forced air -ducted heating
system and 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
Document Number: 3615619 Version: 1
indoor sound levels are within the sound level limits of the Waterloo Region
and the Ministry of the Environment Conservation and Parks (MECP).
3) That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector certify that the noise attenuation measures are incorporated in the
buildings plans and the dwelling units have been constructed accordingly.
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 will be fitted with forced air -ducted heating system suitably
sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector certify that the noise attenuation measures are
incorporated in the buildings plans and the dwelling units have been
constructed accordingly.
c) The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic Highway 7/8 may occasionally interfere with
some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Waterloo Region and the
Ministry of the Environment Conservation and Parks (MECP). This
dwelling has been fitted with a forced air -ducted heating system
and 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)."
Document Number: 3615619 Version: 1
B2021-017
82 Pattandon Avenue
Ellen and Kevin Genova
The owner/applicant is proposing a severance to create a new residential lot to facilitate
the construction of a semi-detached dwelling on each 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:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384.3 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.
Environmental Noise:
Regional Staff note that the proposed severed and retained lands may have impacts
from road noise on Ottawa Street South and rail noise from CN Railway mainline.
Regional Staff recommend that the owner/applicant undertake a detailed environmental
(road and railway) noise study to assess the environmental noise impacts on the
proposed residential dwellings on retained and severed lots and determine the
necessary noise attenuation measures for the proposed dwellings. The
recommendations of the detailed noise study will be implemented through a registered
agreement with the City of Kitchener
Alternatively, in lieu of an Environmental Noise Study, the following noise attenuation
measures must be implemented through a registered agreement with the City of
Kitchener, for both, the severed and the retained lands:
1) The dwelling will be fitted with forced air -ducted heating system suitably sized
and designed with provision for the installation of air conditioning in future, at the
occupant's discretion.
2) The exterior walls (eastern and northern walls) facing the railway will be
constructed with brick veneer (EW5) or acoustical equivalent.
3) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Ottawa Street North, local municipal streets,
and rail noise from CN Railway may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed
Document Number: 3615619 Version: 1
the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
ii. "This unit has supplied with central air conditioning system which 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
and Parks."
iii. "Warning. Canadian National Railway Company or its assigns or
successors in interest has or have a rights-of-way within 300 metres
from the land the subject thereof. There may be alterations to or
expansions of the railway facilities on such rights-of-way in the future
including the possibility that the railway or its assigns or successors as
aforesaid may expand its operations, which expansion may affect the
living environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the design
of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such
facilities and/or operations on, over or under the aforesaid fights -of -
way.
4) That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector certify that the noise attenuation measures are incorporated in the
buildings plans and the dwelling units have been constructed accordingly.
Airport Zoning:
The subject property falls within the Region of Waterloo International Airport
Aeronautical Zoning Regulated area, specifically under the runway take -off approach
surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning
Regulations.
Although there would not be any airport specific concerns for the proposed dwellings,
the applicant(s) must complete and submit the necessary Form(s) as may be required
for the proposed buildings and cranes, and furnish the necessary information as
required by NAV Canada as provided at the link below:
https://www.navcanada.ca/en/products-and-services/Pages/land-use-
program.aspx.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCam pbel l(a-)-reg ion ofwaterloo.ca
Document Number: 3615619 Version: 1
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 will be fitted with forced air -ducted heating system suitably
sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b. The exterior walls (eastern and northern walls) facing the railway will be
constructed with brick veneer (EW5) or acoustical equivalent.
c. That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector certify that the noise attenuation measures are
incorporated in the buildings plans and the dwelling units have been
constructed accordingly.
d. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Ottawa Street North, local municipal streets,
and rail noise from CN Railway may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed
the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
ii. "This unit has supplied with central air conditioning system which 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
and Parks."
iii. "Warning: Canadian National Railway Company or its assigns or
successors in interest has or have a rights-of-way within 300 metres
from the land the subject thereof. There may be alterations to or
expansions of the railway facilities on such rights-of-way in the future
Document Number: 3615619 Version: 1
including the possibility that the railway or its assigns or successors as
aforesaid may expand its operations, which expansion may affect the
living environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the design
of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such
facilities and/or operations on, over or under the aforesaid fights -of -
way.
B2021-018 to B2021-020
942 Doon Village Road
Elev8 Properties Inc.
The owner/applicant is proposing a severance to create a total of four residential lots. The
existing single detached dwelling would be removed on the retained lands. The severed
lands will have a shared access with the retained lands.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created ($350.00 x 3 = $1050.00) prior to final approval of the consent.
Water Services:
The subject property is located in Kitchener Zone 2w with a static hydraulic grade line of
361 mASL. Any development with a finished road elevation below 304.6 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.
Environmental Noise:
The proposed dwellings on severed and retained lots will have impacts from
transportation noise from traffic on Doon Village Road. A detailed environmental noise
study will be required to assess the impacts of transportation noise from traffic on Doon
Village Road and determine the required noise attenuation measure, as may be
required for the proposed dwellings on severed and retained lots. Due to abruptly
changing grades on the property, an accurate assessment of noise levels should be
made in the noise report at various locations i.e. facades, living rooms, sleeping rooms
and OLA's based on the proposed grades/finished elevations of the proposed dwelling
units.
The recommendations of the noise study will be implemented through a registered
agreement with the City of Kitchener, as a Regional condition for the above application.
The noise consultant must be pre -approved by the Region of Waterloo. The noise
consultant is responsible for obtaining current information, applying professional
expertise in performing calculations, making detailed and justified recommendations,
Document Number: 3615619 Version: 1
submitting the Consultant Noise Study Declaration and Owner/Authorized Agent
Statement along with one electronic copy of the report to 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 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 complete an Environmental
Noise Study and, if necessary, shall enter into an agreement with the City of
Kitchener to provide for implementation of the accepted noise assessment
attenuation measures, all to the satisfaction of the Region of Waterloo.
B2021-021 to B2021-023
654 Rockway Drive
Paul and Flora Nelson
The owner/applicant is proposing a severance to create a total of four residential lots to
accommodate two semi-detached dwellings on the subject property.
Regional Fee:
Regional Staff confirm receipt of the required consent review fee of $350.00 per new lot
created ($350.00 x 3 = $1050.00).
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384.3 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.
Environmental Noise:
Regional Staff note that the proposed severed and retained lands may have impacts
from road noise on King Street East (Regional Road #08) and Charles Street. 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:
Document Number: 3615619 Version: 1
1) The dwelling will be fitted with forced air -ducted heating system suitably sized
and designed with provision for the installation of air conditioning in future, at the
occupant's discretion.
2) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to increasing
road traffic on King Street East (RR #08) / Charles Street may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry of
the Environment Conservation and Parks (MECP)".
ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
3) That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector certify that the noise attenuation measures are incorporated in the
buildings plans and the dwelling units have been constructed accordingly.
The Region has no objection to the proposed application, subject to the following
conditions:
1) 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
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:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on King Street East (RR #08) / Charles
Document Number: 3615619 Version: 1
Street may occasionally interfere with some activities of the
dwelling occupants as the sound levels may exceed the sound level
limits of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)".
ii. "This dwelling has been fitted with a forced air -ducted heating
system and 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
c. That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector certify that the noise attenuation measures are
incorporated in the buildings plans and the dwelling units have been
constructed accordingly.
B2021-024
59 Carisbrook Drive
59 Carisbrook Drive Ltd.
The owner/applicant is proposing a lot addition to 34 Hillcrest Lane. The severed lands
reflect the `surplus' lands on Carisbrook Drive and will form part of the rear yard of 34
Hillcrest Lane.
Regional Fee:
Regional Staff confirm no fee is required.
The Region has no objection to the proposed application.
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
Document Number: 3615619 Version: 1
April 8, 2021
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
Dianna Saunderson Via email only
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Saunderson,
Re: April 20, 2021 Committee of Adjustment Meeting
Applications for Minor Variance
A2021-019
30 Waterbow Trail
A2021-026
11 Whitney Place
A2021-027
573 Guelph Street
A2021-028
11 Springdale Drive
A2021-029
20 Munroe Street
A2021-030
80 Courtland Avenue East
A2021-031
660 Avondale Avenue
A2021-032
81 Waterloo Street
Applications for Consent
B2021-015
83 Elmsdale Drive
B2021-016
83 Second Avenue
B2021-017
82 Pattandon Avenue
B2021-018-020
942 Doon Village Road
B2021-021-023
654 Rockway Drive
The above -noted consent applications are located outside the Grand River Conservation
Authority areas of interest. As such, we will not undertake a review of the applications and
plan review fees will not be required. If you have any questions or require additional
information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
`These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Dianna Saunderson
From: Ashkan Matlabi <Ashkan.Matlabi@cn.ca> on behalf of Proximity <proximity@cn.ca>
Sent: Friday, March 26, 2021 4:14 PM
To: Committee of Adjustment (SM)
Subject: [EXTERNAL] RE: ACTION REQUIRED - Committee of Adjustment Application Review -
April 20, 2021 Meeting
Attachments: B2021-017 - 82 Pattandon Ave..pdf
Hello,
Thank you for circulating CN the proposed projects mentioned in Committee of Adjustment Application Review's
agenda. This is to confirm that we have reviewed the information and site location of the proposed projects. CN Rail only
has comments with regards to the application addressed 82 Pattandon Ave. Our main objective is to mitigate railway -
oriented impacts such as noise, vibration, and safety hazards, to ensure that the quality of life of the future
development's residents and users is not negatively affected.
We recommend for the following clause to be inserted in all development agreements, offers to purchase, and
agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right -of way:
"Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within
300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such
rights -of way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand
its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s).
CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way."
Thank you and don't hesitate to contact me for any questions.
Regards
Ashkan Matlabi, Urb. OUQ
Urbaniste s6nior /Senior Planner (CN Proximity)
Planning, Landscape Architecture and Urban Design
Urbanisme, architecture de paysage et design urbain
NNSI)
E : proximitya-cn.ca
T: 1-438-459-9190
1600, Ren6-1_6vesque Ouest, 11 a 6tage
Montr6al (Qu6bec)
H3H 1 P9 CANADA
wsp.com
From: Bo
Sent: Monday, April 5, 202110:32 PM
To: Committee of Adjustment (SM) <CommitteeofAdiustment@kitchener.ca>
Subject: [EXTERNAL] Apr 20 2021 Public meeting, ref: B 2021-017 - 82 Pattandon Avenue
Dear City Committee,
I live on Pattandon Ave. Unfortunately I cannot attend the Apr 20th public meeting regarding'B 2021-
017 - 82 Pattandon Avenue' project. I have another engagement on Apr 20th, but I would like to
submit my vote against any changes to my neighbourhood. I would prefer to keep my neighbourhood
as is.
Sincerely,
Bo Pejanovic
B 2021-017 - 82 Pattandon Avenue
Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt
with separately. The severed land will have a width of 7.62m, a depth of 37.97m and an area of 289
sq.m. The retained land will have a width of 7.62m, a depth of 37.97m and an area of 289 sq.m. The
existing dwelling will be demolished.
Sent from my iPad