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HomeMy WebLinkAboutCA - 2017-11-21 - B 2017-032 - 101 & 105 Mt. Hope StPROPERTY OWNER: JEC Properties Inc. SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: November 8, 2017 Subject Properties - 101 & 105 Mt. Hope Street REPORT Planning Comments: The subject properties are located on the south side of Mt. Hope Street between York Street and Eden Avenue. The properties are designated as Low Rise Conservation in the KW Hospital Secondary Plan. The subject properties are zoned Residential Five (R-5) and Residential Five (R-5) with Special Regulation Provision 129U (which prohibits a 3 unit multiple dwelling) in the City's Zoning By-law. The subject properties each contain a detached dwelling in very poor condition and both lots contain a number of trees and vegetation. Because of the poor condition �, Staff Report ITc� ►�.R Community Services Department wm kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2015 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner - 519-741-2200 ext. 7869 APPLICATION #: B2017-032 ADDRESS: 101 & 105 Mt. Hope Street PROPERTY OWNER: JEC Properties Inc. SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: November 8, 2017 Subject Properties - 101 & 105 Mt. Hope Street REPORT Planning Comments: The subject properties are located on the south side of Mt. Hope Street between York Street and Eden Avenue. The properties are designated as Low Rise Conservation in the KW Hospital Secondary Plan. The subject properties are zoned Residential Five (R-5) and Residential Five (R-5) with Special Regulation Provision 129U (which prohibits a 3 unit multiple dwelling) in the City's Zoning By-law. The subject properties each contain a detached dwelling in very poor condition and both lots contain a number of trees and vegetation. Because of the poor condition �, Staff Report ITc� ►�.R Community Services Department wm kitchenerca of the dwellings, demolition is being proposed. Demolition Control will be required in addition to a demolition permit as the proposed development of semi-detached dwellings requires the demolition of the existing housing stock. Surrounding land use consists primarily of low rise single and semi-detached dwellings and an apartment building is located on the opposite side of Mt. Hope Street. A site inspection occured on October 25, 2017. Street View (above) & Rear View (below) of Subject Properties The owner is proposing to sever a portion of 101 Mt. Hope Street measuring 3.08 metres wide, 27.4 metres long, with a lot area of approximately 84.5 square metres, and add it as a lot addition to 105 Mt. Hope Street. This will result in both properties having in excess of 15 metres of frontage. The application is proposed so that each property can be redeveloped with semi-detached dwellings as permitted by the R-5 zoning. To that end, staff has been working with the applicant to ensure that a compatible and complimentary form of semi-detached dwelling is erected, while conserving as many of the on-site trees as practically possible. There will be conditions of approval imposed that speak to these requirements and staff is recommending that these be , Staff Report I Tc� ►� .R Community Services Department wm kitcheneua fulfilled prior to finalizing the lot addition. It is further expected the owner will be applying for a future severance application in order to divide the properties into two separate parcels of land in order to legally convey each half of a semi-detached dwelling. Minor variances may also be required at that time in order to implement a preferred building location and severance plans. Lot Addition 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, the proposed lot addition will result in lot sizes that are appropriate and suitable for the proposed use and are consistent with the surrounding lotting fabric, the lands front on an established public street, and adequate utilities and municipal services are available. The properties designated as Low Rise Conservation in the KW Hospital Secondary Plan, are proposed to be redeveloped with semi-detached dwellings which are compatible with the low rise and low density residential character of the neighbourhood. Semi-detached dwellings are a permitted use within the Residential Five Zone (R-5). The proposed lot addition will result in a more uniform lot configuration, and building location and elevation plans will be required prior to final approval to ensure compatibility in height and scale. This requirement is consistent with the Official Plan. Section 4C1.7 of the Official Plan authorizes the City to request plans and building drawings that demonstrate a proposal is compatible in regards to built form, architectural design, landscaping or buffering. Heritage Comments: Heritage Planning staff has no concerns with the application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the properties municipally addressed as 101 and 105 Mount Hope Street is advised that the properties are located within the Gildner Neighbourhood CHL. The owner(s) will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific conservation options. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. Staff notes that the subject properties are located within the KW Hospital Secondary Plan. The City will be commencing a secondary plan review in 2018. The land use and zoning of the properties are subject to change. For more information, please contact Michelle Drake, Senior Heritage & Policy Planner, by phone (519-741-2200 ext. 7839) or by email (michel le.drake(o)kitchener.ca). Building Comments: The Building Division has no objections to the proposed consent provided the demolition permit for 101 Mount Hope St is obtained. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot. Separate building permit(s) will also be required for the construction of the new semi-detached dwellings. , Staff Report I R Community Services Department wm kitcheneua Transportation Comments: Transportation Services has no concerns with the proposed severance and notes that the driveway visibility triangles of 4.57 metres must be maintained for the retained and severed portions. Engineering Comments: Engineering has no comments or concerns with the lot addition. Community Services Comments: Park land dedication is not required as the proposed severance will not create a new developable lot. Environmental Planning Comments: As a condition of approval, the owners must enter into agreement on both the severed and retained parcels to complete, get approval of, and implement a Tree Preservation/ Enhancement Plan prior to issuance of building permit. Based on the foregoing, planning staff recommends that consent application B2017-032 be approved subject to the conditions outlined in the Recommendation section of this report. RECOMMENDATION: That Application B2017-032 requesting to sever a parcel of land from 101 Mt. Hope Street measuring 3.08 metres wide, 27.4 metres long, with a lot area of approximately 84.5 square metres, and add it as a lot addition to 105 Mt. Hope Street, be approved subject to the following conditions: That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 2. That the Owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 3. That the Owner shall receive full and final approval of a Demolition Control application for the demolition of 101 and 105 Mt. Hope Street to the satisfaction of the Director of Planning. , Staff Report I R Community Services Department wm kitcheneua 4. That a Demolition Permit is obtained to the satisfaction of the Chief Building Official. 5. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title for 101 and 105 Mt. Hope Street which shall include the following: a. That the owner shall prepare a Tree Preservation Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The Owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. C. That prior to any grading or the application or issuance of a building permit, the Owner shall submit the following to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) outline tree protection measures for trees to be preserved; and (vi) building elevation drawings. d. The Owner ensures any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Operations and Planning. That prior to the issuance of a building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Operations. e. That prior to issuance of a building permit, the Owner makes satisfactory arrangements with the Director of Engineering in , Staff Report I R Community Services Department wm kitcheneua consultation with the Chief Building Official for the removal of and installation of new service connections. That prior to issuance of a building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner N* Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwate rl oo.ca Carolyn Crozier 575-4757 ext. 3657 File No. D20-20/17 KIT November 15, 2017 Re: Comments for Consent Applications B2017-032 to B2017-047 and CC 2017-001 Committee of Adjustment Hearing November 21, 2017 CITY OF KITCHENER B 2017-032 101 & 105 Mount Hope Street Mohammad Abdullah c/o JEC Properties Inc. The purpose of this application is to create a new lot for residential development. Community Planning Fees Pursuant to Fee By-law 17-001, the applicant is required to submit the consent application fee of $350.00. Regional staff has no objections to the proposed application subject to the following condition: That, prior to final approval, the applicant submits payment to the Region the Consent Application Review Fee of $350.00. Document Number: 2557950 B 2017-033 393-411 Queen Street S., 168, 170-172, 176 and 180 Benton Street Polocorp Inc. The purpose of this application is to sever a parcel of land from 399 Queen Street South and 168 Benton Street and convey it as a lot addition to the lands addressed as 170- 172, 176 and 180 Benton Street. Corridor Planning Noise A noise study, dated January 17, 2017, prepared by IBI Group was submitted for the associated Site Plan application SP17/015/Q/GS. Clarifications on details of the study were requested by Corridor Planning staff on March 13, 2017. Clarification has not yet been received. Prior to final approval, the applicant is required to satisfy outstanding matters pertaining to the noise study, and, if required, enter into a registered development agreement with the Region of Waterloo to implement the findings of the study. Regional staff has no objections to the proposed application, subject to the following condition: 1. That, prior to final approval, the applicant provides clarification to Region staff to satisfy the noise study requirements, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo to implement the findings of the study. B2017-034 — B2017-037 Courtland Avenue East and Blockline Road Viridis Development Group Inc. The purpose of these applications is to sever three lots for residential/commercial development and retain one lot, and create easements for servicing. Community Planning Fees Pursuant to Fee By-law 17-001, the applicant is required to submit the consent application fee of $350.00 per each new lot created, for a total fee of $1,050.00. Source Water Protection Document Number: 2557950 The applicant is advised that they will be required to submit a Salt Management Plan for the severed and retained lots, prior to Site Plan approval. Corridor Planning Regional Road Dedication While no additional lands are required to satisfy the Regional Official Plan, additional lands are required to accommodate the implementation of a 2.1 metre sidewalk along the entire Courtland Avenue frontage. The applicant must engage an Ontario Land Surveyor (OLS) to prepare a draft reference plan which illustrates the required road allowance widening and/or easement where required. Prior to registering the reference plan, the OLS should submit a draft copy of the plan to the Transportation Planner for review. An electronic copy of the registered plan is to be emailed to the Transportation Planner. Further instructions will come from the Region's Legal Assistant with regard to document preparation and registration. Final registration of the reference plan can be deferred to the Site Plan Application. Traffic Site Circulation & Access Regional staff are working with the applicant to secure a full movement access from Courtland Avenue directly opposite Hillmount Street. Final design and costing will all be deferred to the Site Plan Application. The applicant will be required, prior to final approval of the consent application, to enter into an agreement with the Region of Waterloo to provide reciprocal access easements between the proposed retained lands and the severances to accommodate vehicular, bus and construction traffic. A Regional Road Access Permit will be required for the proposed access to Courtland Avenue. The Access Permit can be deferred to the Site Plan Application. Stormwater Management A lot grading plan and stormwater management report will be required at the Site Plan Application stage. Transit Planning Grand River Transit has been involved in the development of these lands and transit comments will be provided at the Site Plan Application stage. Land Use Compatibility Document Number: 2557950 The applicant is required to address land use compatibility through the associated Official Plan Amendment and Zone Change Applications. Land use compatibility studies include, but are not limited to, road, rail and stationary noise, and vibration studies. Road, stationary, and railway noise and vibration studies have been submitted in support of the aforementioned Official Plan Amendment and Zone Change Applications for these lands. These studies are currently under review by both the Region and rail line authorities (CNR and CPR). Additional study requirements and/or recommendations for mitigation stemming from these studies must be secured through a Registered Development Agreement with the City of Kitchener and/or the Region of Waterloo, or the rail line authorities, as necessary, prior to final approval of these consent applications. Regional staff has no objections to the proposed applications subject to the following conditions: That, prior to final approval, the applicant submits payment to the Region the Consent Application Review Fee of $350.00 for each new lot created, for a total fee of $1,050.00. 2. That, prior to final approval, the applicant enters into a Registered Development Agreement with the Region of Waterloo to provide for reciprocal access easements between the proposed retained lands and the severances to accommodate vehicular, bus and construction traffic. 3. That, prior to final approval, the applicant enters into a Registered Development Agreement with the City of Kitchener and/or the Region of Waterloo, or rail authorities, as necessary, to implement the findings of the following studies, and any addendums, or emerging reports: a. "Virerra Village, Kitchener Ontario, Acoustical Report" (IBI Group, March 31,2017); b. "Courtland and Blockline Development, Kitchener, Ontario" (Aercoustics, April 7 B2017-038 and B2017-039 125 Margaret Avenue 2361693 Ontario Inc. Rail Vibration Impact Study, , 2015). The purpose of these applications is to create a new lot for residential development (132017-038) and to grant easements on the severed and retained lands for driveway access (132017-039). Community Planning Document Number: 2557950 Fees Staff acknowledge receipt of the consent application fee of $350.00. Corridor Planning Noise The severed and retained lands will have impacts from increasing road noise on Margaret Avenue and Wellington Street North. The lands are also in close proximity to a railway mainline. Prior to final approval, the applicant is required to enter into a Registered Development Agreement with the City of Kitchener to provide for the following: 1) That all units on the severed lot be constructed with a forced air -ducted heating system suitably sized and designed with the provision for the installation of air conditioning in the future at the occupant's discretion. 2) That the following noise warning clause in all offers of purchase/sale, or rental agreements for all residential units on the severed lot: The purchasers / tenants are advised that sound levels due to increasing road traffic on Margaret Avenue and Wellington Street North, and rail noise from Goderich Exeter Railway and Canadian National Railway may 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 and Climate Change (MOECC). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Environment and Climate Change (MOECC). 3) That the following noise warning clause will be included on all offers to purchase and sale or rental agreements for all units on both the severed and retained lots: Canadian National Railways/Goderich Exeter Railways or its assigns or it 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/GExR 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" Document Number: 2557950 Regional staff has no objections to the proposed application subject to the following conditions: That, prior to final approval, the applicant enter into a Registered Development Agreement with the City of Kitchener to provide for the following: That all units on the severed lot be constructed with a forced air -ducted heating system suitably sized and designed with the provision for the installation of air conditioning in the future at the occupant's discretion. That the following noise warning clause in all offers of purchase/sale, or rental agreements for all residential units on the severed lot: The purchasers / tenants are advised that sound levels due to increasing road traffic on Margaret Avenue and Wellington Street North, and rail noise from Goderich Exeter Railway and Canadian National Railway may 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 and Climate Change (MOECC). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Environment and Climate Change (MOECC). That the following noise warning clause will be included on all offers to purchase and sale or rental agreements for all units on both the severed and retained lots: Canadian National Railways/Goderich Exeter Railways or its assigns or it 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/GExR 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" B2017-040 100-110 Fergus Avenue Document Number: 2557950 Emmanuel Bible College The purpose of this application is to sever a parcel of land for residential development. Community Planning Fees Pursuant to Fee By-law 17-001, the applicant is required to submit the consent application fee of $350.00. Corridor Planning Regional Road Dedication A dedicated road widening is required. An Ontario Land Surveyor must determine the exact amount of the road widening along Weber Street East. Additionally, a daylight triangle of 7.62 metres along the new property lines along Weber Street East and Fergus Avenue will be required at owner's cost. A plan showing the required dedicated widening is attached. A draft reference plan for the road widening prepared by an Ontario Land Surveyor must be provided for review by Regional staff, prior to depositing the Reference plan to Land Registry office. The owner must provide a copy of registered Reference plan and owner's legal representative's contact information who would be required to work with Region's Legal division to complete the required documentation for the dedicated road widening. The dedication is required prior to final approval of the consent application. Noise The severed and retained lands will have impacts from increasing road noise on Weber Street, Highway 8 and Fergus Avenue. Prior to final approval of the consent application, the applicant is required to enter into a Registered Development Agreement with the Region of Waterloo to provide for the following: That the following noise warning clause will be included on all offers to purchase and sale or rental agreements for all units on both the severed and retained lots: "The purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC)." Document Number: 2557950 Regional staff has no objections to the proposed application subject to the following conditions: That, prior to final approval, the applicant submits payment to the Region the Consent Application Review Fee of $350.00. 2. That, prior to final approval, the applicant is required to convey the road widening (equal to 26.213 meters) and the 7.62 daylight triangle to the Region. 3. That, prior to final approval, the applicant enters into a Registered Development Agreement to provide for the following: That the following noise warning clause will be included on all offers to purchase and sale or rental agreements for all units on both the severed and retained lots: "The purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC)." B2017-041 and B2017-042 27 Bismark Avenue 2536306 Ontario Inc. The purpose of these applications is to create a new lot for residential development (B2017-041) and to grant easements on the severed and retained lands for mutual driveway access (B2017-042). Community Planning Fees Pursuant to Fee By-law 17-001, the applicant is required to submit the consent application fee of $350.00. Corridor Planning Noise The subject lands are located within 75 metres vibration influence zone of a main railway line. Prior to final approval, the applicant is required to enter into a Registered Development Agreement with the City of Kitchener to provide for the following: 1) That all units on the severed lot be constructed with a forced air -ducted heating system suitably sized and designed with the provision for the installation of air conditioning in the future at the occupant's discretion. Document Number: 2557950 2) That the following noise warning clause in all offers of purchase/sale, or rental agreements for all residential units on the severed lot: "The purchasers / tenants are advised that sound levels due to increasing rail noise and vibration from Region of Waterloo railway may occasionally interfere with some activities of the dwelling occupants as the sound and vibration levels may exceed the sound and vibration level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Environment and Climate Change (MOECC)" 3) That the following noise warning clause will be included on all offers to purchase and sale or rental agreements for all units on both the severed and retained lots: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." Regional staff has no objections to the proposed application subject to the following conditions: That, prior to final approval, the applicant submits payment to the Region the Consent Application Review Fee of $350.00. 2. That, prior to final approval, the applicant enter into a Registered Development Agreement with the City of Kitchener to provide for the following: That all units on the severed lot be constructed with a forced air -ducted heating system suitably sized and designed with the provision for the installation of air conditioning in the future at the occupant's discretion. That the following noise warning clause in all offers of purchase/sale, or rental agreements for all residential units on the severed lot: "The purchasers / tenants are advised that sound levels due to increasing rail noise and vibration from Region of Waterloo railway may occasionally interfere Document Number: 2557950 with some activities of the dwelling occupants as the sound and vibration levels may exceed the sound and vibration level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Environment and Climate Change (MOECC)" That the following noise warning clause will be included on all offers to purchase and sale or rental agreements for all units on both the severed and retained lots: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." B2017-043 — B2017-047 Plan of Subdivision 58M-569 of Part of Lot 13, Biehn's Tract (Rockcliffe Drive) Community Planning The Region's concerns regarding the subject lands have previously been addressed through the subdivision application 30T-98201 Stage 5a, registered as 58M-569 December 12, 2013. Staff notes the intent of the above applications is to create 6 lots from previous 5 lots and adjust the lot lines accordingly. For clarification it must be noted that that new Municipal Nos. 11, 7, 5 would be subject to conditions as previously applicable to Lots 3 & 4 in the original subdivision agreement; and new Municipal No. 3 (corner lot) would be subject conditions as previously applicable to Lot 5 in the original subdivision agreement with the City (WR791465 November 26, 2013). It is anticipated that based on the final lots configuration the Municipal No. 11 being partially on lands of the original lot 3 in the approved subdivision; for purpose of the noise study, a revision to the original subdivision agreement may not be required. Due to minor adjustments of the lot lines as shown on the Figure 6 -Ultimate Lotting, an update / addendum to the final noise study dated revised February 2014 as accepted by the Region's letter dated April 08, 2014 will not be required for the above applications. Document Number: 2557950 Regional staff has no objections to the proposed application. CC 2017-001 369 and 375 Frederick Street Brent Gingerich, People Care Inc. The purpose of this application is to seek permission to change the conditions of Provisional Consent application B2017-019 to include an additional condition granting a servicing easement. Corridor Planning Noise Corridor Planning staff recently received a Noise Impact Feasibility Study, prepared by Pinchin Ltd., dated March 29, 2017, in support of the original consent application. Staff are currently reviewing the study and any recommendations from the study must be secured through a Registered Development Agreement with the Region of Waterloo prior to final approval of the consent. Regional staff has no objections to the proposed application, subject to the following condition: 1) That, prior to final approval, the applicant, if necessary, based on the review of the submitted noise study, enter into a Registered Development Agreement with the Region of Waterloo to implement the findings of the study. 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 14-046 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, G� Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner Document Number: 2557950 cc. Juliane vonWesterholt, City of Kitchener (via email) Brian Bateman, City of Kitchener (via email) Document Number: 2557950 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Beth Brown, Phone: (519) 621-2761 ext. 2307 Supervisor of Resource Planning E-mail: bbrown@grandriver.ca IPLAN REVIEW REPORT: City of Kitchener Hollv Dvson DATE: November 06, 2017 YOUR FILE: See below Updated Nov 16, 2017 GRCA FILE: N/A RE: Applications for Signs: SG 2017-016 121 Westmount Road East SG 2017-017 1201 Fischer Hallman Road Applications for Minor Variance: A 2017-104 317 Greenbrook Drive A 2017-105 2399 Kingsway Drive, Unit 7 A 2017-106 31 Cherry Street A 2017-107 386 Southill Drive A 2017-108 42 Marlis Crescent A 2017-109 125 Margaret Avenue A 2017-110 100-110 Fergus Avenue A 2017-111 100-110 Fergus Avenue A 2017-112 27 Bismark Avenue A 2017-113 27 Bismark Avenue A 2017-114 5 & 3 Rockcliffe Drive A 2017-115 7 Rockcliffe Drive A 2017-116 11 Rockcliffe Drive A 2017-117 15 Rockcliffe Drive A 2017-118 19 Rockcliffe Drive A 2017-119 5 & 3 Rockcliffe Drive Applications for Consent: B2017-032 101 & 105 Mount Hope Street B 2017-038 125 Margaret Avenue B 2017-039 125 Margaret Avenue B 2017-040 100-110 Fergus Avenue B 2017-041 27 Bismark Avenue B 2017-042 27 Bismark Avenue B 2017-043 5 & 3 Rockcliffe Drive B 2017-044 7 Rockcliffe Drive B 2017-045 11 Rockcliffe Drive B 2017-046 15 Rockcliffe Drive B 2017-047 19 Rockcliffe Drive Applications for Provisional Consent: CC 2017-001 369 & 375 Frederick Street *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/dp *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority.