Loading...
HomeMy WebLinkAboutDSD-2021-49 - B 2021-015 - 83 Elmsdale Drive 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: Dumart, Craig, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: April 8, 2021 REPORT NO.: DSD-2021-49 SUBJECT: Consent Application B2021-015 83 Elmsdale Drive Owner: NOVACORE (83 ELMSDALE DRIVE) INC Applicant: Tim Collins RECOMMENDATION: That application B2021-015 proposing to create servicing easements over parcel E in favour of parcels C and D, 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 Revenue Division. 2. That the owner shall provide 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 sized 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 3. That the Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The application is requesting to create servicing easements over parcel E in favour of parcels C and D. Proposed servicing easements Location Map: 83 Elmsdale Drive REPORT: BACKGROUND: The subject property is designated Mixed Use (with Specific Policy Area 31). The property is zoned MIX-1 (42) under Zoning By-law 2019-051. The intent of the zone is to permit and support development of the lands with a mix of commercial and residential uses. Planning Comments: The subject lands are located at 83 Elmsdale Drive and are proposed to be developed with mix of commercial and residential uses. This large site is being developed comprehensively, having a shared private street connecting several separately owned parcels. The owner, NovaCore, previously severed the lands into five parcels with various access and servicing easements. Three new easements for servicing are proposed over Parcel E in favour of Parcel C and D as follows: Easement 1 - 5.00m (wide) x 152.30m (long). Area = 761.30m2. In favour of Parcel C. Easement 2 - 5.00m (wide) x 5.50m (long). Area = 27.5m2. In favour of Parcel C & D. Easement 3 - 5.00m (wide) x 161.1m (long). Area = 805.60m2. In favour of Parcel D City Planning staff conducted a site inspection of the property on April 1, 2021. Existing conditions at 83 Elmsdale Drive 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 servicing easement is desirable and appropriate. The servicing easements are required for the development of the recently severed parcels at 83 Elmsdale Drive. Building Comments: The Building Division has no objections to the proposed consent. Heritage Comments: There are no heritage planning concerns. Environmental Planning Comments: There are no Environmental planning concerns. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: Engineering will defer requirements to the Site Plan process. Operations Comments: Parkland dedication is not required for this application as no new developable lot has been created. 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 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 application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: B2019-051 & A2019-082 B2019-053 B2018-017, B2018-018 and B2018-019 B2019-054 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 B2021- 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 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 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 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: i. 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 tral 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) 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 b) That prior to the 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: i. 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 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 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: i. 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 ii. 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 iii. 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- 4) 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@regionofwaterloo.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 b. The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. c. That p 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: i. 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 ii. 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 iii. 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 rights-of- 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 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.permitcentral.ca/Permit/GroupApply?groupId=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 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: i. 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 ii. -ducted heating system and has been designed with the provision of adding central air conditioning at the 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 3) 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: i. 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 ii. -ducted heating system and 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 Waterloo Region and the Ministry of the c. 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 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 Dianna Saunderson Via email only City of Kitchener 200 King StreetWest Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re:April 20,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A2021-01930 Waterbow Trail A2021-02611Whitney Place A2021-027573Guelph Street A2021-02811Springdale Drive A2021-02920Munroe Street A2021-03080Courtland Avenue East A2021-031660Avondale Avenue A2021-03281Waterloo Street Applications for Consent B2021-01583Elmsdale Drive B2021-01683Second Avenue B2021-01782Pattandon Avenue B2021-018-020942Doon Village Road B2021-021-023654Rockway 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 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.