HomeMy WebLinkAboutCA - 2017-11-21 - B 2017-034 to B 2017-037 - Courtland Ave E & Blockline Rd�,
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Staff Report
Community Services Department wm kitchenerca
REPORT TO:
Committee of Adjustment
DATE OF MEETING: November 21, 2017
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Garett Stevenson, Planner — 519-741-2200 ext. 7070
APPLICATION #:
B2017-034, B2017-035, B2017-036 & B2017-037
ADDRESS:
Block Line & Courtland
PROPERTY OWNER:
2289238 Ontario Inc. (Viridis Development Group Inc.)
SUMMARIZED
RECOMMENDATION:
Approve with conditions
DATE OF REPORT: November 10, 2017
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Subject Property: Block Line Road & Courtland Avenue East
Report:
The severance applications are proposing to sever the large property into four separate lots for
future development. The purpose of the severances is to divide the large property into four
separate lots to allow for construction phasing and financing. To permit the future
comprehensive redevelopment, easements for sanitary and storm water services are also
requested as part of these applications. Blanket easements for parking, vehicle access, and
public access will be required.
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Site Photos of Existing Condition
Planning Comments:
The property is currently subject to Official Plan Amendment Application OP17/001/C/GS and
Zone Change Application ZC17/005/C/GS to permit a large mixed use development that could
include up to 20,000 square metres (215,000 sq. feet) of mixed commercial space (office and
retail) as well as four residential towers that could be up to 38 storeys in height with a total of up
to 1300 dwelling units, along with 1500 parking spaces within a parking deck. No
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recommendations or decisions have been made on these applications, and Planning staff are
consulting with the public on the proposal.
The property is currently designated as General Industrial Employment and is currently vacant.
The existing Official Plan policies for this property permit a broad range of industrial and
employment uses. The property is within the Built Up Area of the City and identified as part of a
Major Transit Station Area and on the future Light Rail Transit Corridor. The property is
adjacent to the Block Line ION LRT station stop, which is currently under construction.
The property is currently zoned as General Industrial Zone (M-2). Permitted uses include light -
to -medium industrial and employment uses.
Specifically, these applications request the following:
Consent Application B2017-034 — To sever a lot with a frontage of 88.60 metres, depth of
66.86 metres, and an area of 5750 mz; and to create a "L" shaped storm water easement with a
width of 9.0 metres and a length of 88.60 metres in favour of the retained lands and proposed
lots 2 and 3.
Consent Application B2017-035 — To sever a lot with a frontage of 90.60 metres, depth of
66.70 metres, and an area of 6151 mz; and to create a storm water easement with an irregular
width of at least 3.0 metres and a length of 90.60 metres in favour of the retained lands and
proposed lots 1 and 3; and to create a sanitary sewer easement with a width of 3.0 metres and
a length of 90.60 metres in favour of the retained lands and proposed lots 1 and 3.
Consent Application B2017-036 — To sever a lot with a frontage of 73.15 metres, depth of
71.05 metres, and an area of 5397m2; and to create a storm water easement with an irregular
width of no more than 13.30 metres and a length of 73.15 metres in favour of the retained lands
and proposed lots 1 and 2; and to create a sanitary sewer easement with a width of 3.0 metres
and a length of 73.15 metres in favour of the retained lands and proposed lots 1 and 2.
Consent Application B2017-037 — To create a storm water easement with a width of 8.0
metres and a length of no more than 94.46 metres in favour of proposed lots 1, 2 and 3.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning
Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the three severed lots are
desirable and appropriate. The three severed lots and one retained lot are in conformity with
the City's Official Plan and Zoning By-law. While the future permitted land uses may or may not
change with the ongoing Official Plan Amendment and Zone Change applications, it is
appropriate to divide the large parcel at this time. The proposed severances do not interfere
with the ability for the lands to be developed under the current Official Plan land use designation
policies and permitted uses in the Zoning By-law. Due to the location of the parcel, situated
between a heavy rail yard and the ION LRT right-of-way, it is appropriate to provide access and
servicing through easements to facilitate a future consolidated ION crossing for vehicles access
and servicing. The size, dimensions and shapes of the proposed lots is suitable for the use of
the lands. Planning staff is of the opinion that the proposal is consistent with the Provincial
Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe.
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Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Comments:
Transportation Services has no concerns with the proposed application. Mutual access
agreements must be established for vehicular movements across the site.
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 ones that may be required to service this property, all prior to severance
approval. Our records indicate sanitary, storm and water municipal services are currently
available to service this property. Any further enquiries in this regard should be directed to Niall
Melanson (519-741-2200 ext. 7133).
Any new driveways are to be built to City of Kitchener standards at grade with the existing
sidewalk. All works is 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 and proposed easements will
be required to the satisfaction of the Engineering Division prior to severance approval.
As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along with
a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with
the corresponding correct layer names and numbering system to the satisfaction of the
Engineering Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Servicing and related Engineering comments will be reviewed and addressed as part of the
future site planning processes.
Operations Comments:
All park land dedication requirements will be deferred to the site plan application process.
Heritage Comments:
No heritage planning concerns
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Environmental Planning Comments:
There are no issues or concerns.
RECOMMENDATION:
That Consent Application B2017-034 proposing to sever a lot with a frontage of 88.60
metres, depth of 66.86 metres, and an area of 5750 m2; and to create a "L" shaped storm
water easement with a width of 9.0 metres and a length of 88.60 metres in favour of the
retained lands and proposed lots 2 and 3, and,
That Consent Application B2017-035 proposing to sever a lot with a frontage of 90.60
metres, depth of 66.70 metres, and an area of 6151 m2; and to create a storm water
easement with an irregular width of at least 3.0 metres and a length of 90.60 metres in
favour of the retained lands and proposed lots 1 and 3; and to create a sanitary sewer
easement with a width of 3.0 metres and a length of 90.60 metres in favour of the retained
lands and proposed lots 1 and 3, and
That Consent Application B2017-036 proposing to sever a lot with a frontage of 73.15
metres, depth of 71.05 metres, and an area of 5397m2; and to create a storm water
easement with an irregular width of no more than 13.30 metres and a length of 73.15
metres in favour of the retained lands and proposed lots 1 and 2; and to create a sanitary
sewer easement with a width of 3.0 metres and a length of 73.15 metres in favour of the
retained lands and proposed lots 1 and 2, and
That Consent Application B2017-037 proposing to create a storm water easement with a
width of 8.0 metres and a length of no more than 94.46 metres in favour of proposed lots
1, 2 and 3, all be approved, subject to the following conditions;
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following and shall be approved by the City
Solicitor:
a. a clear and specific description of the purpose of the Easement(s) and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost sharing
provisions related thereto);
b. a clause/statement/wording confirming that the Easement(s) being granted
shall be maintained and registered on title in perpetuity.
Required easements include the following;
L A storm water easement over a portion of proposed lot 1 in favour of the
retained lands and proposed lots 2 and 3,
ii. A storm water easement over a portion of proposed lot 2 in favour of the
retained lands and proposed lots 1 and 3,
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iii. A sanitary sewer easement over a portion of proposed lot 2 in favour of the
retained lands and proposed lots 1 and 3,
iv. A storm water easement over a portion of lot 3 in in favour of the retained
lands and proposed lots 1 and 2,
V. A sanitary sewer easement over a portion of lot 3 in in favour of the
retained lands and proposed lots 1 and 2, and
vi. A storm water easement over a portion of the retained lands in favour of
proposed lots 1, 2 and 3.
2. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
3. That the Owner provide a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as
well as one full size paper copy of the plan(s). The digital file needs to be
submitted according to the City of Kitchener's Digital Submission Standards to
the satisfaction of the City's Mapping Technologist.
4. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property to the satisfaction of
the City's Revenue Division.
5. That satisfactory arrangements are made with the City's Director of Planning to
provide future blanket easements across the retained lands and proposed lots 1,
2, and 3, for the following;
a. Shared storage of any storm or grey water,
b. All utility servicing, including natural gas and hydro,
C. Telecommunications servicing,
d. All shared energy production or distribution system(s),
e. Any shared building systems (if known), including fire detection and/or
suppression systems,
f. Private vehicle owner, tenant, visitor, and commercial parking and access,
pedestrian access, cyclist access and shared bicycle parking, public
transportation access, truck, commercial, and service vehicle access and
loading, and construction access.
Garett Stevenson, BES, MCIP, RPP Juliane von Westerholt, MCIP, RPP
Planner Senior Planner
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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
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1 R 5W6
Resource Management Division Phone: (519) 621-2763 ext.2307
Beth Brown, Supervisor of Resource Planning Fax: (519) 621-4945
E-mail: bbrown @grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Garett Stevenson
DATE: November 16, 2017
YOUR FILE: 82017-034 to 82017-037 Courtland at
Blockline, Kitchener
GRCA FILE: B2017-034 to 037 Courtland Ave E and Blockline Rd
RE: Applications for Consent B2017-034, B2017-036, B2017-036 and B2017-037
Blockline Road and Courtland Avenue East, City of Kitchener
Viridis Development Group Inc.
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted consent
applications. Please see below for our detailed comments in this regard.
BACKGROUND:
1. Nature of the Application:
Based on our review of the Overall Proposed Severance Plan, prepared by IBI Group (dated
October 12, 2017), we understand that the applicant has proposed to sever the property into
four individual lots for mixed use development.
2. Resource Issues:
Portions of the subject lands are identified as being regulated by the GRCA under Ontario
Regulation 150/06. The area identified as regulated on the mapping is the result of two features,
a steep slope and floodplain, as well as the associated allowances to these features. However,
as noted in our June 20, 2017 comments on OP17/001/C/GS and ZC17/005/C/GS, we had
previously issued a permit (#361/08) for grading of the property. As a result of that grading
work, we no longer have slope concerns.
With respect to the floodplain, GRCA has had the opportunity to review the Topographic Survey
prepared by Van Harten Surveying Inc. (dated July 14, 2017), showing the existing grades of the
property. The survey shows that the majority of the existing grades are at or above the
regulatory flood elevation (RFE) of 314.0 metres, with the exception of a small area at the
southeast corner (313.96 metres) which remains floodplain. Please also note that there is a 5
metre allowance from the floodplain that is also regulated by the GRCA.
3. Legislative/Policy Requirements and Implications:
Based on the Overall Proposed Severance Plan (IBI Group, October 12, 2017) and the
Topographic Survey (Van Harten Surveying Inc., July 14, 2017); there is sufficient area on both
the retained and severed lots for future development outside the floodplain. Therefore, we have
no objection to the proposed severances.
New development should be directed outside the floodplain. Please note that any future
development within the regulated area (if applicable) would require the prior issuance of a permit
from the GRCA pursuant to Ontario Regulation 150/06. The regulation limit, based on the
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floodline elevation of 314.0 metres and a 5 metre allowance from the floodplain, should be
reflected on future plans and applications submitted for GRCA review.
4. Plan Review Fees:
The GRCA applies Plan Review Fees for Planning Act applications located within GRCA areas
of interest. In this case, we will charge one review for the multiple applications. The applicable
review fee is therefore $390. With a copy of this correspondence, the applicant will be invoiced
in the amount of $390.
A separate fee is applied for a GRCA permit if required.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact Trisha Hughes at 519-621-2763 ext. 2319 or thughes _q rand river. ca.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
C.C. Viridis Development Group Inc. c/o Kevin Greene, 330-E Trillium Drive, Kitchener, ON N21- 3V3
IBI Group c/o Odete Gomes, 410 Albert Street, Suite 101, Waterloo, ON N31- 3V3
* These comments are respectfully submitted as advice and reflect resource concerns within
the scope and mandate of the Grand River Conservation Authority.
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