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HomeMy WebLinkAboutDSD-2021-53 - B 2021-011 & A 2021-033 - Fairway Rd N, Woolner Tr & Old Zeller Dri Staff Report �T R Dbvelopr7ent Services Department 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: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: April 11, 2021 REPORT NO.: DSD -2021-053 SUBJECT: Consent Application B2021-011 Minor Variance Application A2021-033 Fairway and Woolner Trail Owner — Grand River Conservation Authority (GRCA) Applicant — Kevin Muir, GSP Group RECOMMENDATION: That Minor Variance Application A2021-033, requesting a lot area of 6.9 hectares whereas 40 hectares is required, and requesting a lot width of 150 metres whereas a minimum lot width of 300 metres is required, be approved, and further, II. That Application B2020-011 proposing to sever a parcel that is approximately 6.92 hectare (17.1 acre) in size, be deferred to the April 20, 2021 Committee of Adjustment meeting, be approved subject to the following conditions: 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 satisfaction of the City's Mapping Technologist. 2. The owner/applicant is required to enter into an agreement with the Regional Municipality of Waterloo to complete a detailed environmental/stationary noise study prior to Site Plan approval for the severed lands and, if necessary, enter into a further supplementary agreement to secure implementation of the recommendations of the noise study. 3. Notwithstanding Regional Condition 2 above, that prior to final approval, the owner/applicant shall enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 4. That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 5. That prior to final approval, the owner/applicant shall enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. 6. That Minor Variance application A2021-033 receive final approval. REPORT HIGHLIGHTS: The application proposes to sever a parcel that is approximately 6.92 hectares (17.1 acres) in size from a larger parcel of lands owned by the Grand River Conservation Authority (GRCA), for the purposes of sale to the Waterloo Catholic District School Board. In 2010, the GRCA Board declared this portion surplus to the Authority's objectives and directed GRCA staff to proceed to prepare the sale of this site. The minor variance application is requesting a lot area of 6.9 hectares whereas 40 hectares is required, and a lot width of 150 metres whereas a minimum lot width of 300 metres is required, for the severed lands. Planning staff reviewed a submission made to the Committee of Adjustment at the March meeting from an adjacent land owner with some concerns that include access onto Fairway Road, increased traffic volumes and congestion on Woolner Trail, type of fencing to demarcate the school site, building orientation on the subject property, and insurance coverage implications at the Woolner Farmstead. With regard to access and transportation, a Transportation Impact Study (TIS) will be required as part of the complete application for the future Official Plan and Zoning By-law Amendment. This study will include a review of the proposed accesses, as well as traffic implications for the proposed school. Details regarding fencing and building orientation will be addressed through the future site planning process and will be in compliance with the approved Heritage Impact Assessment which makes recommendations on lighting, fencing, and landscaping. Following the March meeting, Planning staff emailed the four registered delegations and only heard back from one resident who expressed support of the applications. Location Map BACKGROUND: The proposed severed lands are designated as Mixed Use and Low Rise Residential in the Official Plan and identified as a Neighbourhood Node and Community Area on the City's Urban Structure Map. The proposed served lands are zoned as Agricultural Zone (A-1) with Special Use Regulation 69U (which permits a pit) and Regulation 1 R (GRCA regulation). The proposed retained lands are designated as Natural Heritage System in the Official Plan and identified as a Green Area on the City's Urban Structure Map. The proposed retained lands are zoned as Hazard Land Zone (P-3). REPORT: Planning Comments: Minor Variance In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The planned function of a Community Node is to provide for commercial uses with a mix of residential and institutional uses necessary to support and complete surrounding residential communities. Community Nodes primarily serve an inter -neighbourhood market and are intended to intensify, be transit -supportive and cycling and pedestrian -friendly. The severed lands are designated as Low Rise Residential and Mixed Use. The predominant land use within the Low Rise Residential designation is residential but it is intended that complementary non-residential land uses may be permitted subject to any locational criteria and the appropriate zoning being in place. The City will encourage and support complementary non-residential land uses to be mixed with residential uses at a scale and in appropriate locations within low density residential areas. Lands designated as Mixed Use are planned to achieve an appropriate mix of commercial, residential and institutional uses. Permitted non-residential uses may include institutional uses such as daycare facilities, religious institutions, and educational establishments. The proposed severed lands, with the reduced lot width and lot area, are appropriately sized and well suited for a planned school use. It is staff's opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of the large lot width and area regulations is to ensure that large parcels of lands within A-1 zone are suitable for Agriculture; Equine Boarding Service; and Riding Stable or Riding Academy uses. The A-1 zone also permits smaller parcels, with much smaller lot areas and low widths, for uses that include Canine or Feline Boarding, Breeding or Grooming; Sales, Rental, Storage, Repair or Service of Tool and Farm Equipment; Single Detached Dwelling; and Veterinary Services. The general intent of the Zoning By-law is maintained as the severed and retained lands are not designated as Rural or Prime Agriculture in the Official Plan and are not planned for agricultural or farm related uses. Is the Variance Minor? The requested variance is minor. The size and shape of the proposed severed lands are appropriate and suitable for the proposed use of the lands, and the future land use applications will address site specific issues associated with a school use. Is the Variance Appropriate? The requested variance is appropriate. The severed lands are appropriate for a future school use and the retained lands are not planned for development and are proposed to be preserved as part of the Kitchener natural heritage system policies. Severance Application 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, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The retained lands are identified as part of the Natural Heritage System. The Natural Heritage System includes all the natural heritage features which have been identified by the Kitchener Natural Heritage System Technical Background Report for protection, conservation, restoration and/or enhancement. The objective of the Natural Heritage System is to provide for the protection, conservation, restoration, or enhancement of the ecological functions, hydrological functions and biodiversity. A future zoning By-law Amendment and a site plan application will be submitted by the WDCSB for the severed lands. The size and shape of the proposed severed lands are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and the severed lands can be serviced with municipal services. 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. City Planning staff conducted a site inspection of the property on February 26, 2021. r h - zinALIilly Photo of Subject Property — View from Fairway Road Photo of Subject Property — View from Woolner Trail / Fairway Road Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services will require the installation of a concrete sidewalk or multi -use trail along Woolner Trail through the site plan process. Therefore, there will be no requirement for funds for future sidewalk along the Woolner Trail frontage of the severed portion of the property. Heritage Comments: The vacant property at the south east corner of Fairway Road and Woolner Trail is located adjacent to 80 Woolner Trail, which is designated under Part IV of the Ontario Heritage Act. The submission and approval of a Heritage Impact Assessment (HIA) was made a requirement of the processing of the consent to sever Committee of Adjustment application in order to ensure that the proposed new lot had regard for and was consistent with Provincial, Regional and Municipal policies relating to the conservation of cultural heritage resources. A draft HIA prepared by McCaIlumSather dated February 2021 was submitted and scheduled for comment by the City's Heritage Kitchener committee on Tuesday, April 6, 2021. A brief introduction to proposed consent application was provided by heritage planning staff, and an overview of the HIA was provided by the heritage architect from McCaIlumSather. Members had questions about the vegetation on the shared, or in close proximity to, the shared property line; the views from Fairway Road North to 80 Woolner Trail; and, the awareness and/or comments of the adjacent landowner at 80 Woolner Trail. A final HIA prepared by McCaIlumSather dated April 2021 was submitted and concluded that the proposed severance will not have direct impacts on the adjacent Part IV designated heritage property. Further, the HIA concluded that the existing built heritage resources at the adjacent Part IV designated heritage property will be retained. The HIA recommends the following conservation measures be addressed as part of the Site Plan Review Committee process: (1) that a lighting plan be reviewed to ensure no undue impact to the cultural heritage resources at 80 Woolner Trail; (2) that a fence be provided on the subject property, or the shared property lines, along the south and west boundaries of subject property that are adjacent to 80 Woolner Trail; and (3) that a tree and vegetation inventory may be required if the above noted fence is proposed to be located on, or in close proximity to, the shared property lines. Heritage Planning staff agrees with the conclusions of the HIA and recommend that the appropriate tool to conserve the cultural heritage value and interest/heritage attributes of the adjacent Part IV designated heritage property at 80 Woolner Trail is the Site Plan Review Committee process. The applicant will be required to address lighting, fencing, and tree/vegetation as part of the Site Plan Review Committee process. Based on the above comments, Heritage Planning staff has no concerns with the proposed consent subject to implementation of the conservation measures and recommendations of the approved HIA as part of the Site Plan Review Committee process. The HIA was approved on April 9, 2021 by the City's Director of Planning. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (eric.riek@kitchener.ca). Any new driveways are to be built to City of Kitchener or Region of Waterloo (depending on driveway location) standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. All Engineering conditions will be addressed through the future site planning process. Operations Comments: As per section 3.2.8 of the current Parkland Dedication Policy, the applicant is exempt from parkland dedication requirements. Any changes to the current application may require a revised parkland dedication. Environmental Planning Comments: Environmental Planning has no concerns as the lands designated Natural Heritage Conservation will be retained by the GRCA and a Tree Preservation / Enhancement Plan can be submitted with the Zoning By-law Amendment application. Regional Comments: Noise Regional Staff notes that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff notes that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off-site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. The owner/applicant is required to enter into an agreement with the Regional Municipality of Waterloo to complete a detailed environmental/stationary noise study prior to Site Plan approval for the severed lands and, if necessary, enter into a further supplementary agreement to secure implementation of the recommendations of the noise study. Notwithstanding these requirements for the severed lands, Regional Staff requires the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition: Regional Staff note that a Record of Site Condition (RSC) for the Parts 1 and 3 on the draft Reference Plan provided for the subject development will be required as part of the Zoning By -Law Amendment application. 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 as part of the Zoning process. 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 a Salt Management Plan was identified as part of the pre -submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning: The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in thevicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff note there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning: Regional Staff note there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff note there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. The Region has no objection to the proposed application, subject to the following conditions: 1) The owner/applicant is required to enter into an agreement with the Regional Municipality of Waterloo to complete a detailed environmental/stationary noise study prior to Site Plan approval for the severed lands and, if necessary, enter into a further supplementary agreement to secure implementation of the recommendations of the noise study. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: i. "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: On March 16, 2021, Severance Application B2020-011 was deferred to allow for the submission of a minor variance application for lot width and lot area, to allow the Heritage Impact Assessment to be scheduled for the April 6th Heritage Kitchener advisory committee meeting in advance of the final condition of these applications, and to allow additional time to discuss Regional comments to determine if some requirements are best deferred to future development applications. On April 6, 2021, the Heritage Impact Assessment was presented to the Heritage Kitchener advisory committee for comment. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT March 18, 2021 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Updated Regional Comments for Consent Applications B2021-011 Committee of Adjustment Hearing April 20, 2021 CITY OF KITCHENER 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. The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off- site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. The owner/applicant is required to enter into an agreement with the Regional Municipality of Waterloo to complete a detailed environmental/stationary noise study prior to Site Plan approval for the severed lands and, if necessary, enter into a further supplementary agreement to secure implementation of the recommendations of the noise study. Notwithstanding these requirements for the severed lands, Regional Staff require the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition: Regional Staff note that a Record of Site Condition (RSC) for the Parts 1 and 3 on the draft Reference Plan provided for the subject development will be required as part of the Zoning By -Law Amendment application. 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 as part of the Zoning process. 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 a Salt Management Plan was identified as part of the pre- submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning: The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff note there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning: Regional Staff note there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff note there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Requirements: Traffic Impact Study (TIS) /Access Regulation: Regional Staff note a Transportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findings of the TIS report. A pre -study meeting with Regional & the City staff will be required to discuss the scope of the study. Detailed guidelines for Transportation Impact Study are available at: https://www.regionofwaterloo.ca/en/living-here/resources/Design- Standards/Transportation-I m pact -Study -Guidelines. pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements. All costs related with the private entrance(s) will be owner's responsibility. Agreement to provide funds for any works related with the private entrance(s) will be required. Access Permit: Regional Staff will require a Regional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff. Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Perm it -Application Site Grading and Stormwater Management: Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. Regional Staff note it is the responsibility of the owner/applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional 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 that Municipal Consent will be required for the installation of any new and update to/removal of the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, for further guidance, please visit: https://rmow. perm itcentral.ca/ The Region has no objection to the proposed application, subject to the following conditions: 1) The owner/applicant is required to enter into an agreement with the Regional Municipality of Waterloo to complete a detailed environmental/stationary noise study prior to Site Plan approval for the severed lands and, if necessary, enter into a further supplementary agreement to secure implementation of the recommendations of the noise study. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 4) 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. 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 Region of Waterloo April 07, 2021 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these Document Number: 3616590 Page of 2 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 2 Docs #3573963 April 5th, 2021 Ms. Dianna Saunderson Secretary - Treasurer Committee of Adjustment City of Kitchener City Hall, 200 King Street West Kitchener ON N2G 4G7 Dear Ms. Saunderson, Re: Item 2 - Committee of Adjustment Application B 2021-011 I am writing further to my correspondence of March 4th, 2021 (copy attached) with respect to the above noted application. I understand that the severed lot is proposed to accommodate a new Catholic School site and that the proposed severance will be considered by the Committee of Adjustment at its meeting of April 20th, 2021. 1 appreciate your sending me the notice of the Committee meeting. As mentioned in my letter of March 4th, I do have some concerns and questions related to application B 2021-011 which are shared by other residents in the Woolner Trail Community. We do feel that these matters relate directly to the severance request and should be considered by the Committee before making its decision. We would appreciate the Committee's response to our concerns. Sincerely, Dale Woolner March 4, 2021 Ms. Dianna Saunderson Secretary -Treasurer Committee of Adjustment Kitchener City Hall 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Saunderson, Re: Committee of Adjustment Application B 2021-011 appreciate your sending me the notice of the Committee of Adjustment meeting for Tuesday, March 16t' at 10 am. Although I am unable to attend this meeting, I thought that it was important to respond in writing with my comments. My interest is with regards to Application B2021-011 which deals with the vacant land on the east side of Fairway Road North at Woolner Trail owned by the Grand River Conservation Authority. While I may be in general agreement with the proposal to sever the subject land parcel, I do have some concerns and questions which are shared by other residents in the Woolner Trail Community. The concerns relate to the Catholic School proposed on the parcel of land to be severed. We have been in touch with the staff at the Waterloo Catholic District School Board regarding several issues including those outlined below. • Access onto Fairway Road • Increased traffic volumes and congestion on Woolner Trail • Type of fencing to demarcate the school site • Building orientation on the subject property • Insurance coverage implications at the Woolner Farmstead We feel that these are real and practical concerns that require attention as the school use will negatively impact out neighbourhood significantly. We appreciate the Committee's attention to our concerns. Sincerely, Dale Woolner Staff Report ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: March 8, 2021 REPORT NO.: DSD -2021-028 SUBJECT: Consent Application B2021-011 Fairway and Woolner Trail Owner — Grand River Conservation Authority (GRCA) Applicant — Kevin Muir, GSP Group RECOMMENDATION: That Application B2020-011 proposing to sever a parcel that is approximately 6.92 hectare (17.1 acre) in size, be deferred to the April 20, 2021 Committee of Adjustment meeting. REPORT HIGHLIGHTS: The application proposes to sever a parcel that is approximately 6.92 hectares (17.1 acres) in size from a larger parcel of land owned by the Grand River Conservation Authority (GRCA), for the purposes of sale to the Waterloo Catholic District School Board. In 2010, the GRCA Board declared this portion surplus to the Authority's objectives and directed GRCA staff to proceed to prepare the sale of this site. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The proposed severed lands are designated as Mixed Use and Low Rise Residential in the Official Plan and identified as a Neighbourhood Node and Community Area on the City's Urban Structure Map. The proposed served lands are zoned as Agricultural Zone (A-1) with Special Use Regulation 69U and Regulation 107R (site specific regulations for the former pit operations). The proposed retained lands are designated as Natural Heritage System in the Official Plan and identified as a Green Area on the City's Urban Structure Map. The proposed retained lands are zoned as Hazard Land Zone (P-3). REPORT: Planning Comments: While a future Official Plan Amendment, Zoning By-law Amendment, and a Site Plan application are expected to be submitted by WDCSB in future, the proposed severed lands do not meet the minimum lot width and area requirements of the Agriculture (A-1) Zone. A minor variance application is also required. The subject lands are adjacent to a cultural heritage resource. The property municipally addressed as 80 Woolner Trail is designated under Part IV of the Ontario Heritage Act, subject to a Heritage Conservation Easement Agreement, and identified as a significant Cultural Heritage Landscape in the 2014 Cultural Heritage Landscape Study. An HIA was submitted and is on the agenda for information and comment at the April 6th Heritage Kitchener advisory committee meeting. Planning staff would appreciate additional time to discuss Regional comments to determine if some requirements are best deferred to future development applications. For these reasons, Planning staff is recommending deferral of these applications to the April 20, 2021 Committee of Adjustment Meeting. Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services will require the installation of a concrete sidewalk or multi -use trail along Woolner Trail through the site plan process. Therefore, there will be no requirement for funds for future sidewalk along the Woolner Trail frontage of the severed portion of the property. Heritage Comments: The subject land located at the south east corner of Fairway Road and Woolner Trail, owned by the Grand River Conservation Authority (GRCA), is located adjacent to a cultural heritage resource. The property municipally addressed as 80 Woolner Trail is designated under Part IV of the Ontario Heritage Act, subject to a Heritage Conservation Easement Agreement, and identified as a significant Cultural Heritage Landscape in the 2014 Cultural Heritage Landscape Study. As part of the pre -submission consultation process, heritage planning staff identified the requirement for the submission of a Heritage Impact Assessment to address potential impact of the proposed official plan amendment, zone change and severance on the existing cultural heritage resource and its heritage attributes. Staff advised that the HIA may be circulated to the City's Heritage Kitchener advisory committee for information and comment. Staff recommended that the HIA be coordinated among all planning applications, especially if they are made concurrently or in close succession. An HIA was submitted electronically on February 18, 2021. The HIA is dated February 2021 and prepared by McCallumSather. Heritage planning staff were unable to schedule the HIA for information and comment at the March Heritage Kitchener advisory committee meeting as the agenda was full and had already been distributed to the public. Heritage planning staff will schedule the HIA for information and comment at the April 6t" Heritage Kitchener advisory committee meeting. The consent application (82021-011) proposes to sever a portion of the lands for the construction of a new school. Additional applications are required to facilitate the construction of a new school, including: a zoning by-law amendment and site plan. Heritage planning staff will commence review of the HIA, seek information and comments from the Heritage Kitchener advisory committee in April, and implement recommendations of the approved HIA through future planning applications. As a result, heritage planning staff has no concerns with the current consent application. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (eric.riek@kitchener.ca). Any new driveways are to be built to City of Kitchener or Region of Waterloo (depending on driveway location) standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. All Engineering conditions will be addressed through the future site planning process Operations Comments: As per section 3.2.8 of the current Parkland Dedication Policy, the applicant is exempt from parkland dedication requirements. Any changes to the current application may require a revised parkland dedication. Environmental Planning Comments: Environmental Planning has no concerns as the lands designated Natural Heritage Conservation will be retained by the GRCA and a Tree Preservation / Enhancement Plan can be submitted with the ZBA. Regional Comments: Noise Regional Staff notes that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff notes that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. A detailed environmental noise study will be required to assess the impacts of transportation noise and the mitigation measures required for the proposed severed lands. The recommendations of the noise study will be implemented through an agreement with the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.Permitcentral.ca/Permit/GrouPApply?cirouPId=3 The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off-site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. Notwithstanding the requirements for an environmental/stationary noise study for the severed lands, Regional Staff require the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition A Record of Site Condition (RSC) for the proposed severed and retained lands is required prior to final approval of the subject application. This is a result of the former aggregate use on the adjacent property. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo. Easements Regional Staff notes that the pre -submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection Regional Staff notes that the owner/applicant is required to decommission all wells and/or septic systems and monitoring wells on the property in accordance with Ontario Regulation 128/03 prior to site development, to the satisfaction of the Region of Waterloo. Regional Staff notes that a Salt Management Plan was identified as part of the pre -submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. Water Services Regional Staff advises the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff notes there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning Regional Staff notes there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff notes there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Reauirements Traffic Impact Study (TIS) / Access Regulation Regional Staff notes a Transportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findings of the TIS report. A pre -study meeting with Regional & the City staff will be required to discuss the scope of the study. Detailed guidelines for Transportation Impact Study are available at: https://www.regionofwaterloo.ca/en/living-here/resources/Design-Standards/Transportation Impact-Study-Guidelines.pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements. All costs related with the private entrance(s) will be owner's responsibility. Agreement to provide funds for any works related with the private entrance(s) will be required. Access Permit Regional Staff will require a Regional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff. Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial-Access-Permit- Application Site Grading and Stormwater Management Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. Regional Staff notes it is the responsibility of the owner/applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional Servicing Report A Functional Servicing report will be required to ensure that the required services may be provided for the proposed development. Work Permit / Municipal Consent Regional Staff notes that Municipal Consent will be required for the installation of any new and update to/removal of the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, for further guidance, please visit: httas://rmow.Dermitcentral.ca/ The Region has no objection to the proposed application, subject to the following conditions 1) That prior to final approval, the owner/applicant complete a road traffic and aircraft noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic and aircraft noise levels for the severed lands and, if deemed necessary by the Region, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant complete a stationary noise study for the severed lands to determine the impact of stationary noise sources on on-site and off-site sensitive receptors; and if deemed necessary by the Region, shall enter into an agreement with the City of Kitchener or the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a Record of Site Condition for the severed and retained lands, and that a copy of the RSC and copy of the Ministry of the Environment, Conservation and Parks Letter of Acknowledgement be submitted to the Region, to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 6) That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Region of Waterloo. 7) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT March 5, 2021 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-009 to 62021- 014 Committee of Adjustment Hearing March 16, 2021 CITY OF KITCHENER B2021-009 104 Fifth Avenue Zoran Bogunovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Airport Zoning: The owner/applicant is advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore the land and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 419-649-2256 ext. 8511 or KCam pbell(a)regionofwaterloo.ca Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 0011y.4 QI7i [I] 54 Third Avenue Dragan and Nina Markovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Noise: Regional Staff advise that the proposed severed and retained lots are located within 300 metres of Highway 7/8 and within 200 metres of King Street Bypass/Kingsway Drive and would be impacted from transportation noise from traffic on the highway. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." b. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP). " The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." B2021-011 Fairway Road and Woolner Trail Grand River Conservation Authority The owner/applicant is proposing to sever a surplus 6.92 hectare portion of land from the larger GRCA parcel (17.4 hectares) for the conveyance of a new school site for the Waterloo Catholic District School Board. Regional Staff note that a formal pre -submission meeting for an Official Plan Amendment, Zoning By -Law Amendment and Consent were issued in January 2019 for the development of the subject lands. Requirements identified at this pre -submission are being secured via the consent process as applicable. Noise: Regional Staff note that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff note that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. A detailed environmental noise study will be required to assess the impacts of transportation noise and the mitigation measures required for the proposed severed lands. The recommendations of the noise study will be implemented through an agreement with the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.Perm itcentral.ca/Permit/GroupApply?groupld=3 The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off- site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. Notwithstanding the requirements for an environmental/stationary noise study for the severed lands, Regional Staff require the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition: A Record of Site Condition (RSC) for the proposed severed and retained lands is required prior to final approval of the subject application. This is a result of the former aggregate use on the adjacent property. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo. Easements: Regional Staff note that the pre -submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection: Regional Staff note that the owner/applicant is required to decommission all wells and/or septic systems and monitoring wells on the property in accordance with Ontario Regulation 128/03 prior to site development, to the satisfaction of the Region of Waterloo. Regional Staff note that a Salt Management Plan was identified as part of the pre- submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning: The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff note there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning: Regional Staff note there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff note there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Requirements: Traffic Impact Study (TIS) /Access Regulation: Regional Staff note a Transportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findings of the TIS report. A pre -study meeting with Regional & the City staff will be required to discuss the scope of the study. Detailed guidelines for Transportation Impact Study are available at: https://www. regionofwaterloo.ca/en/living-here/resources/Design- Standards/Transportation-I m pact -Study -Guidelines. pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements. All costs related with the private entrance(s) will be owner's responsibility. Agreement to provide funds for any works related with the private entrance(s) will be required. Access Permit: Regional Staff will require a Regional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff. Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Perm it-Aaalication Site Grading and Stormwater Management: Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. Regional Staff note it is the responsibility of the owner/applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional 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 that Municipal Consent will be required for the installation of any new and update to/removal of the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, for further guidance, please visit: https://rmow. perm itcentral.ca/ The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant complete a road traffic and aircraft noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic and aircraft noise levels for the severed lands and, if deemed necessary by the Region, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant complete a stationary noise study for the severed lands to determine the impact of stationary noise sources on on- site and off-site sensitive receptors; and if deemed necessary by the Region, shall enter into an agreement with the City of Kitchener or the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a Record of Site Condition for the severed and retained lands, and that a copy of the RSC and copy of the Ministry of the Environment, Conservation and Parks Letter of Acknowledgement be submitted to the Region, to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 6) That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Region of Waterloo. 7) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. B2021-012 140 and 142 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." b. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP). " The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. B2021-013 146 and 148 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." b. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP). " Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." 0011y.4 Q17i C! 172 Windale Crescent Jaspal and Manpreet Virk The owner/applicant is proposing a severance to permit the construct of two semi- detached dwellings. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Highway 7/8 and Ottawa Street South (Regional Road #04) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the Region of Waterloo, for both, the severed and the retained lands: 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. 3) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." b. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP). " Water Services: Regional Staff advise the subject property is located in Kitchener Zone 5 with a static hydraulic grade line of 407 mASL. Any development with a finished road elevation below 350.60 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern, and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Planner, MCIP, RPP Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca PLAN REVIEW REPORT: Dianna Saunderson I Mon City of Kitchener DATE: FILE: March 1, 2021 Severance — Fairway Road North at Woolner Trail RE: Consent Application B2021-011 Fairway Road North at Woolner Trail Waterloo Catholic District School Board GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with the application. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands contain the Grand River and its floodplain. The GRCA currently owns the property, but the purpose of this letter is to advise on the natural hazard aspect of the application. 2. Legislative/Policy Requirements and Implications: Due to the presence of the river and the floodplain, the GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area (as shown in yellow on the attached map) will require a permit from the GRCA pursuant to Ontario Regulation 150/06. The proposed severed parcel is outside of the floodplain, and more than 5 metres away from the regulatory floodplain. As such, the severed parcel would not be regulated by the GRCA, and we have no concerns with the application from a natural hazard perspective. 3. Review Fees: This application is considered a minor consent, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $430. An invoice will be sent to the applicant. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(a-)grandriver. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Attachment C. C. 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