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HomeMy WebLinkAboutCA - 2017-11-21 - B 2017-038, B 2017-039 & A 2017-109 - 125 Margaret Ave, Staff Report I Tc� ►� .R Community Services Department wm kitcheneua 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 #: B2017-038, B2017-039, & A2017-109 ADDRESS: 125 Margaret Avenue PROPERTY OWNER: 2361693 Ontario Inc. SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: November 10, 2017 133 288 ` '+ 284 280 •'.. '- -� 12, 277 1 33 p .207 \ •�9 _ •l 279 \ 277,\ 275 245 G: 267 az 46 124 - y 230 2?4 11'0 �S 235 Subject Property: 125 Margaret Avenue Report: The application is proposing to sever the existing property into two separate lots. The retained lands will contain the existing multiple dwelling (triplex) and the severed will contain a new duplex dwelling. The existing detached garage is proposed to be demolished. , Staff Report I R Community Services Department wm kitcheneua Existing Dwelling at 125 Margaret Avenue A site visit was undertaken on October 31, 2017 Planning Comments: The property is designated as Low Rise Residential in the City of Kitchener Official Plan. Permitted low density residential uses include single detached, semi-detached, duplex, and multiple dwellings. The property is currently zoned as Residential Five (R-5) which permits single detached, semi-detached, duplex, and multiple dwellings (maximum 3 unit multiple dwellings). The property is also within the Residential Intensification in Established Neighbourhoods Study (RIENS) Area. The owner is proposing to sever the lands into two lots. The retained lands are proposed to accommodate the existing multiple dwelling (triplex) and the served lands are proposed to be redeveloped with a new duplex dwelling. The existing detached garage is proposed to be demolished. A shared mutual access easement is proposed over the severed and retained lands for a shared driveway. A minor variance is requested to reduce the lot width for the retained lands. Specifically, these applications request the following: Consent Application B2017-038 — To sever a lot with a frontage of 12.04m, depth of 26.51m, and an area of 319m2, as well as to create an easement with a width of 3.0m, a length of 26.51 m, and an area of 79.55m2, for a mutual access in favour of the retained lands. Consent Application B2017-039 — To create an easement with a width of 3.0m, a length of 26.51 m, and an area of 79.55M2, for a mutual access in favour of the severed lands. , Staff Report I Tc� ►� .R Community Services Department wm kitcheneua Minor Variance Application A2017-109 — To request a lot width of 13.42m whereas 15.Om is required for a multiple dwelling, for the retained lands. 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 severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. While the retained lands require a minor variance for a reduced lot width, Planning staff is of the opinion that the size, dimensions and shapes of the proposed lots is suitable for the use of the lands and compatible with the surrounding community. The lands front onto an established public street, and can be independently and adequately serviced with connections to municipal services. 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. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: The requested variances meet the general intent of the Official Plan. The Official Plan provides specific policy direction for infill residential development in established neighbourhoods. In the City's Central Neighbourhoods, the primary focus is to ensure that new infill development is compatible with the existing neighbourhood. Policy 4.C.1.8.e requires that where a minor variance is requested to facilitate residential intensification the impact of the variance must be reviewed to ensure that the lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. The requested lot width variance does not impact the possibility of providing rear yard parking as a shared mutual driveway is proposed and will be implemented through conditions of approval of the severance application. Adequate landscaping and amenity area can be provided on site and the overall lot area exceeds the zoning requirement. The requested variances meet the general intent of the Zoning By-law. The intent of the increase lot width for multiple dwelling is to ensure that parking and amenity space can be provided. Three parking spaces will be provided in a new parking area at the rear of the property. The proposed new parking area only occupies a portion of the rear yard, leaving ample space for private amenity and landscaping. Planning staff will require, as a condition of this approval, as per Policy 4.C.1.7 of the Official Plan, the Owner submit to the Director of Planning, Building Elevation drawings, a Tree Management Plan, and a building Site drawing showing the design and location of the proposed new building. Planning staff will review these plans to ensure that the proposed new dwellings are compatible in terms of siting, massing, and architectural style. The requested variances are minor. Kitchener City Council recently approved the Residential Intensification in Established Neighbourhoods (RIENS) Study. That study identified that character and compatibility are important when considering any new development. Some of the recommendations from the study are currently at various stages of the implementation process. Planning Staff note that the development concept implements may of the preliminary RIENS recommendations, including a shared driveway and rear yard parking. The variances are required because not all of the recommendations of the study have been fully implemented in the Zoning By-law. , Staff Report I R Community Services Department wm kitcheneua The variances are appropriate for the development and use of the land. The proposed development will be compatible with the built form, massing, and building siting found throughout the neighbourhood. Further attention will be paid to the building height, roof line, porch design, driveway width and location, style and materials, and landscaping, as part of the approval of the Building Elevation and Site drawings. The development proposal accommodates a slight increase in density in an established community in a compatible form that provides increased housing options. Building Comments: The Building Division has no objections to the proposed applications provided: A Qualified Designer, Architect or Engineer is retained to complete a building code assessment as it relates to the new proposed property line and addresses such items as: Spatial separation of existing buildings' wall face for each building, to the satisfaction of the Chief Building Official. Upgrading of exterior walls and/or closing in of openings may be required, pending spatial separation calculation results. 2. A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. Transportation Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new 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). 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. 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 will be required to the satisfaction of the Engineering Division prior to severance approval. �, Staff Report KJ [�.R Community Services Department wm kitchenerca 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. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as a new development lot will be created. The cash -in -lieu dedication required is $5,541.62 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (12.047m) at a land value of $9,200 per frontage meter. Heritage Comments: Heritage Planning staff has no concerns with the applications. 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 property municipally addressed as 125 Margaret Avenue is advised that the property is located within the Mount Hope/Breithaupt Neighbourhood CHL. The owner and the public 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. Environmental Planning Comments: A Tree Management /Enhancement Plan is required for the severed lands. RECOMMENDATION: That Application A2017-109 requesting a lot width of 13.427m whereas 15.Om is required for a multiple dwelling, for the retained lands, be approved. III. That application 132017-038, proposing to sever a lot with a frontage of 12.047m, depth of 26.518m, and an area of 319m2, as well as to create an easement with a width of 3.0m, a length of 26.518m, and an area of 79.55m2, for a mutual access in favour of the retained lands, 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 , Staff Report I R Community Services Department wm kitcheneua 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. 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 .dgn (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 the Owner submit a site drawing and building elevation drawings for both the severed and retained lots, to confirm the appropriateness of the proposed development, to the satisfaction of the City's Director of Planning. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: a. That the owner shall prepare a Tree Preservation Plan for the severed 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. 7. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. �, Staff Report KJ R Community Services Department wm kitchenerca 8. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved shared driveway ramp. 9. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the removal of any redundant service connections to the (severed lands and/or retained) lands. 10. That 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. 11. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 12. That the owner provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 13. That the Owner provides Engineering staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer to move the sewage from the property line to the street. 14. That the Owner submit and receive approval of a building code assessment, prepared by a Qualified Designer, Architect or Engineer, for the proposed new property line, to the satisfaction of the City's Chief Building Official. IV. That Application B2017-039 proposing an easement with a width of 3.0m, a length of 26.518m, and an area of 79.55m2, for a mutual access in favour of the severed lands, 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); �, Staff Report ITc� R Community Services Department www kitchenerca b. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity. 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. Garett Stevenson, BES, MCIP, RPP 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 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 November 10, 2017 www.regionofwaterloo.ca Holly Dyson City of Kitchener 200 King Street West File: T 15-40/VAR KIT GEN P.O. Box 1118 (01) /50, Forest Hill United Church Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban Developments, 1193-1201 FHM Rd (04) /VAR KIT, 1142805 Ontario Inc. (05) /VAR KIT, Roopnarine, Angad (08) / VAR KIT, 2361693 Ontario Inc. (09, 10) / VAR KIT, Emmanuel Bible College (11, 12) /VAR KIT, Garden Brook Homes (13) / VAR KIT, 673099 Ontario Ltd. Freure North Subdivision (30T-98201) Dear Ms. Dyson: Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the sign and its foundation are located on private property. 2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns. 3. 317 Greenbrook Drive (A 2017-104): No concerns. 4. 2399 Kingsway Drive (A 2017-105): No concerns. 5. 31 Cherry Street (A 2017-106): No concerns. 6. 386 Southill Drive (A 2017-107): No concerns. 7. 42 Marlis Crescent (A 2017-108): No concerns. 8. 125 Margaret Avenue (A 2017-109): No concerns. 9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns. 10.110 Fergus Avenue (A 2017-111): No concerns. 11.27 Bismark Avenue (A 2017-112): No concerns. 12.27 Bismark Avenue (A 2017-113): No concerns. 13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns. DOCS: 2553615 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 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 PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 06, 2017 YOUR FILE: See below 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: 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 Authority areas of interest. As such, we will and plan review fees will not be required additional information, please contact me. Sincerely, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/dp outside the Grand River Conservation not undertake a review of the applications . If you have any questions, or require *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.