HomeMy WebLinkAboutDSD-2022-470 - B 2022-057 - 193 Louisa StreetStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 15, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: November 4, 2022
REPORT NO.: DSD -2022-470
SUBJECT: Consent Application B2022-057 — 193 Louisa Street
RECOMMENDATION:
That Consent Application B2022-057 requesting consent to sever a parcel of land having a
lot width of 13.1 metres, a lot depth of 22.6 metres, and a lot area of 237 square metres BE
DEFERRED, until such time as Consent Application B2022-057 is updated to include a
request for an Easement for Servicing.
BACKGROUND:
The subject property is located on the corner of Louisa Street and Weber Street West, in the Mount
Hope Huron Park neighbourhood. The neighbourhood is comprised of a mix of low and mid -rise
residential uses, and commercial/retail uses.
The purpose of the application is to request consent to sever the new semi-detached dwelling,
currently under construction, so that each half of the semi-detached dwelling can be dealt with and
conveyed separately and independently of one another. To facilitate redevelopment, the existing
single -detached dwelling has been demolished.
Applications for Consent and Minor Variances (132019-063, A2019-104, A2019-105) were
considered by the Committee of Adjustment in September of 2019. Although the applications were
approved, the conditions of Consent Application B2019-063 were not fulfilled with the prescribed 2 -
year time frame.
At the time of report preparation and finalization it was brough to Planning Staff's attention that a
Servicing Easement is required. This was not identified in 2019 approval and it was not identified on
the most recent submission of Consent Application B2022-057 for the November 2022 meeting.
Consequently, this Consent Application will need to be updated to include a request for consideration
of a Servicing Easement and the Reference Plan will also need to be updated to show the Easement
as a Part on the Draft Reference Plan. The Consent Application will also need to be readvertised at
such time as it is ready to be considered by the Committee at a future meeting. Accordingly, Planning
Staff are recommending that this application be Deferred.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 71 of 82
Photo of Subject Property
Location Map — 193 Louisa Street
Page 72 of 82
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 sign 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:
• Planning Act
• Provincial Policy Statement (PPS 2014)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan (ROP)
• Official Plan (2014)
• Zoning By-law 85-1 and 2019-051
• 82019-063, A2019-104, A2019-105
ATTACHMENTS:
Attachment A — Reference Plan
Attachment B — Servicing Easements Plan
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Reference Plan
Page 74 of 82
Servicing Easement Plan
Page 75 of 82
Region of Waterloo
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
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Peter Ellis
519-503-2536
D20-20/22 KIT
October 31, 2022
Re: Comments for Consent Application B2022-057
Committee of Adjustment Hearing November 15, 2022
CITY OF KITCHENER
B2022-057
193 Louisa Street
Mohammad Gohari (Owner)
The owner/applicant is proposing to sever the semi-detached dwelling (under
construction) into two separate lots. Regional Staff note that this application was
previously commented on as Kitchener Consent Application B2019-063 on September
10, 2019.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Access Permit:
Regional Staff advise that an Access Permit application, with the required $230.00 fee,
will be required for the proposed access onto Weber Street West (RR #08). Applications
for the permit are available at the following link:
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Environmental Noise:
The proposed development is likely to have impacts from road traffic noise from traffic
on Weber Street West (RR #08) and rail noise / vibration from adjoining Region of
Waterloo railway line.
Document Number: 4209868
Page 76 of 82
Regional Staff acknowledge that based on discussions with the City of Kitchener and
CN Railway that all parties are agreeable to waiving the requirement for a detailed noise
and vibration study. The owner/applicant may choose to undertake and implement a
noise and vibration study, however Regional Staff are recommending that the following
noise attenuation measures and warning clauses be implemented through a
development agreement with the Region, registered on title, indicating that:
1. The owner agrees that the following noise mitigation measures will be provided in
the subject development:
a) All exterior walls of the building/dwelling units will be constructed with brick
veneer (EW5) or higher acoustical equivalent with STC 54 or higher;
b) All building/dwelling units will be installed with windows and doors with STC
37 or higher; and
c) All building/dwelling units will be installed with a forced air -ducted heating
system suitably sized and designed with provision of adding central air
conditioning.
2. The following noise warning clause will be required to be included on all offers of
purchase, deeds and rental agreements for the building / dwelling units:
"Purchasers / tenants are advised that sound levels due to increasing
road traffic on Weber Street and Region of Waterloo Railway may
occasionally 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 and Parks. This
dwelling 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
and Parks (MECP).
ii. "Purchasers / tenants are advised that sound levels due to increasing
traffic on Weber Street and Region of Waterloo Railway may occasionally
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 and Parks (MECP)."
iii. "Warning. Region of Waterloo / Canadian National Railway Company or
its assigns or successors in interest has or have a rights-of-way within
300 metres from the land the subject thereof. There may be alterations to
Document Number: 4209868
Page 77 of 82
or expansions of the railway facilities on such rights-of-way in the future
including the possibility that the railway or its assigns or successors as
aforesaid may expand its operations, which expansion may affect the
living environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the design
of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such
facilities and/or operations on, over or under the aforesaid rights-of-way."
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.
2) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following noise mitigation and warning clauses in all
agreements of Offers of Purchase and Sale, deeds, and lease/rental
agreements:
a) The owner agrees that the following noise mitigation measures will be
provided in the subject development:
All exterior walls of the building/dwelling units will be constructed with
brick veneer (EW5) or higher acoustical equivalent with STC 54 or
higher;
All building/dwelling units will be installed with windows and doors with
STC 37 or higher; and
iii. All building/dwelling units will be installed with a forced air -ducted
heating system suitably sized and designed with provision of adding
central air conditioning.
b) The following noise warning clauses will be required to be included on all
offers of purchase, deeds and rental agreements for the building / dwelling
units:
"Purchasers / tenants are advised that sound levels due to increasing
road traffic on Weber Street and Region of Waterloo Railway may
occasionally 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 and
Parks. This dwelling has been designed with the provision of adding
Document Number: 4209868
Page 78 of 82
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 and Parks (MECP).
"Purchasers / tenants are advised that sound levels due to increasing
traffic on Weber Street and Region of Waterloo Railway may
occasionally 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 and Parks
(MECP). "
iii. "Warning. Region of Waterloo / Canadian National Railway Company
or its assigns or successors in interest has or have a rights-of-way
within 300 metres from the land the subject thereof. There may be
alterations to or expansions of the railway facilities on such rights-of-
way in the future including the possibility that the railway or its assigns
or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual
dwelling(s). CNR will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or under
the aforesaid rights-of-way."
General Comments
Any future development on the lands subject to the above -noted consent application 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,
Peter Ellis, MES
Senior Planner
Document Number: 4209868
Page 79 of 82
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October 28, 2022
GRCA File: November 15, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6t" Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — November 15, 2022
Applications for Minor Variance
A 2022-129
103 Peter Street
A 2022-130
252 Mountain Laurel Crescent
A 2022-131
1388 Highland Road West
A 2022-132
85 Byron Avenue
A 2022-133
130 Weber Street West
A 2022-057
193 Louisa Street
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact me at,j22! ,irqygr«ndriverca or 519-
. i�,,,
621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
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Page 80 of 82
Bell Canada
Right of Way
Floor 2, 140 Bayfield Street
Barrie, Ontario
L4M 3131
October 28, 2022
City of Kitchener
200 King Street West
Kitchener, Ontario
N2G 4G7
E-mail Only: Committee of Adjustment
Subject: Application for Consent B2022-057
193 Louisa Street
Kitchener ON
Bell File: 519-22-731
Thank you for your correspondence.
705-722-2264
705-726-4600
.•-
cofa@kitchener.ca
Subsequent to review by our local engineering department, Bell Canada has identified that we require
protection for existing facilities.
On the attached sketch, the orange line indicates the approximate location of active, critical infrastructure.
Located on the property known municipally as 193 Louisa Street, Bell Canada's facilities provide essential
access to the network. Of major concern is the ability to access our equipment, particularly in the event of
an interruption, or emergency, that would require Bell Canada to restore service to regular telephone
lines, alarm services, internet access, and most importantly ensure the continuity of 911 service.
Bell Canada requests a 1.5m wide easement, to encompass the buried facilities and extend the length of
the rear of the property. In regards to the buried plant, it may be necessary for a surveyor to arrange for a
cable locate to identify the precise location.
Since the intention of the requested easement is to protect the integrity of the existing facilities and
preserve many services, we request that the cost associated with registration be the responsibility of the
landowner.
We hope this proposal meets with your approval and request a copy of the decision. Should our request
receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and
accompanying draft easement documents for our approval prior to registration, along with an
acknowledgement and direction for our execution.
If you have any questions or concerns, please feel free to contact me.
Yours truly,
Charleyne Hall
Right of Way Associate
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