Loading...
HomeMy WebLinkAboutCA - 2017-11-21 - B 2017-043 to B 2017-047 & A 2017-114 to A 2017-119 - 3 to 19 Rockcliff Dr, Staff Report I Tc� ►� .R Community Services Department wm kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: October 18, 2016 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 x7869 PREPARED BY: Katie Anderl, Senior Planner 519-741-2200 x7897 APPLICATION #: B2016-043 to B2017-047 & A2017-114 to A2017-119 ADDRESS: 3, 7, 11, 15 & 19 Rockcliffe Drive PROPERTY OWNER: Primeland Developments (2003) Limited SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: November 10, 2017 REPORT: d3 49 47 Location Map — 3, 7, 11, 15 & 19 Rockcliffe Drive Planning Comments: The subject lands are located on Rockcliffe Drive in the Huron Woods Subdivision. There is an existing model home at 27 Rockcliffe Drive, and a model under construction at 23 Rockcliffe Drive. The owner would like to use these lots for future model homes, and wishes to build homes which accurately represent the variety of lot widths and housing styles which will be available to purchase in other parts of the subdivision. The applicant is seeking consent for 4 lot additions and the creation of a new lot, ultimately resulting in creating 6 lots from the current 5. Maintenance easements have been requested over future lots municipally addressed as 11 and 15 Rockcliffe Drive. A variance is also requested for each of the 6 resultant lots. The consent and variance requests are depicted on the sketch below and summarized in the table. PART 2- PART 4 i PART 6 PARS PART 9 �16, N71`2C'2:`E 6-:1.708 SIB f1 10.110 10.973-7"- /�4 9 754 1 J.9 3 9./144 1 6.' 4 l I ��/.NEN+ Mun, No,19 Mun, No.15 Mu . Not Mun, No.7 Mun. No. 5 Mun, No.3 [j Area Area r a '� /Area Area �=' Area y 364,655 sq,m, J - 341,39 sq,rn q i f,.y 34 .39 sq, m. 324,665 q,m. .'eb/,G4 sq m ..� 5/75,89/4,/sq m, rl� 6.0 FART PART i a PARTS PART ` ;'" *:. PART 00 �n 1 3,� i 5 :n 7 ;' i 10 / N r) C7 a� ra LU on ij' i 0 z l i 71'20' 2'5"E 0.973 D.!14 .754 1'0,9 3 9.144 SJ 'i =:8.492 n 711 pp15.904 .387 PAR PART 12 EEASEMENT Severance Sketch Address Application Retained Severed Variance Request 19 Rockcliffe B2017-047 Pt 1 Pt 2 (lot addition to 15 Lot width of 10.973m rather A2017-118 Rockcliffe Dr) than 11.5m (for future #19 Rockcliffe: Pt 1) 15 Rockcliffe B2017-046 Pt 3 Pt 4 (lot addition to 11 Lot width of 9.754m rather A2017-117 Pt 11 (0.61 m easement Rockcliffe Dr) than 11.5m (for future #15 in favour of 11 Pt 12 (0.61 m easement Rockcliffe: Pts 2 & 3) Rockcliffe) in favour of 15 Rockcliffe) 11 Rockcliffe B2017-045 Pt 5 Pt 6 (lot addition to 7 Lot width of 9.754m rather A2017-116 Rockcliffe Dr) than 11.5m (for future #11 Rockcliffe: Pts 4 & 5) 7 Rockcliffe B2017-044 Pt 7 Pt 8 (lot addition to 3 Lot width of 10.973m rather A2017-115 Rockcliffe Dr) than 11.5m (for future #7 Rockcliffe: Pts 6 & 7) 5 Rockcliffe A2017-119 Lot width of 9.144m rather (future lot) than 11.5m (for future #5 Rockcliffe: Pts 8 & 9) 3 Rockcliffe B2017-043 Pt 9 Pt 10 (new lot) Side yard setback to an A2017-114 arterial road of 6.Om rather than 12.Om (for future #3 Rockcliffe: Pt 10) Planning Analysis 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. Please note, the proposed variances to lot width relate to the future lots, as described in the table above, and are required in order for the proposed lots to comply with zoning by-law regulations. Photo — 3 - 19 Rockcliffe Drive (October 30, 2017). Proposed Variance to Special Regulation Provision 341R to permit lot widths less than 11.5 metre (A2017-115 — A2017-119) The subject lands are designated Low Rise Residential in the City's Official Plan which permits the development of single detached dwellings. Urban design policies support providing variety in a subdivision which includes incorporating a variety of housing styles and lot widths. The creation of a mix of lot widths will help provide for an interesting streetscape. Based on the foregoing staff are of the opinion that the intent of the Official Plan is maintained. The lands are zoned Residential Four Zone (R-4) with Special Regulation Provision 341R. Special Regulation Provision 341 R requires a minimum lot width of 11.5 metres. The R-4 zone allows a minimum lot width of 9.0 metres, and the intent of special regulation was to increase variety of lot sizes throughout the subdivision. The subdivider is proposing to adjust the lots so that there is further variation in lot sizes and none of the proposed lots are smaller than the minimum 9.0 metre lot size of the R-4 zone. Further, there are a number of lots in close vicinity to these lots which meet or exceed a lot width of 11.5 metres. Based on the foregoing, staff is of the opinion that the intent of the zoning by-law is maintained, that the variance is minor, and that it is appropriate for the development and use of the lands. Proposed Variance to permit a side yard setback to an arterial road of 6.0 metres rather than 12.0 metres (A2017-114) The subject property is designated Low Rise Residential in the City's Official Plan which permits the proposed single detached dwelling. The Official Plan also includes a policy objective to minimize and mitigate land use conflicts between sensitive land uses and noise sources. The intent of a 12.0 metre setback between residential uses and arterial roads is to help provide physical separation between arterial roads and residential uses. Further, from an urban design perspective, consistent application of this regulation along an arterial road helps to ensure a consistent streetscape treatment. The subject property is located adjacent to the future Strasburg Road which is classified as an arterial road. This is the only lot along the new section of Strasburg Road where a single detached dwelling will have its side yard adjacent to the road. There is also a grade difference between the lot and the road, requiring a berm, and retaining wall/noise wall combination. Therefore the home will be visually screened and vertically separated from Strasburg Road, protecting future resident's enjoyment of the outdoor amenity space by separating it from the right-of-way. Further, a Noise Study was completed in support of the approved plan of subdivision (prepared by Stantec Consulting and dated February 2014). The Noise Study was prepared and approved based on the house being setback 6.0 metres from Strasburg Road. The study recommended that a noise warning clause be registered on title of the subject lot, that the building be designed with forced air -ducted heating system, and that noise attenuation barrier be constructed along the side lot line. The Noise Study has been approved as part of the subdivision process, and the requirements are captured in the existing subdivision agreement registered on title. Given that the existing noise mitigation measures ensure that noise impacts are appropriately mitigated, and the grade, berm and noise wall configurations provide separation from Strasburg Road, staff are of the opinion that the intent of the Official Plan and Zoning By-law are maintained, and that the proposed variance is minor and appropriate for the development and use of the lands. Proposed Consent Applications 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 lots is desirable and appropriate. The uses of lands are in conformity with the City's Official Plan and the proposed lots will comply with the Zoning By-law, subject to approval of the requested variances to the lot widths. The size, dimensions and shapes of the proposed lots are suitable for the use of the lands and future development will be compatible with the neighbourhood. The lands front on a public street, and can be serviced with independent and adequate service 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. Building Comments: The Building Division has no objections to the proposed consent for the five dwelling units. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should the severances be approved, ensure additional services are provided for the additional lot. Transportation Comments: Transportation Services has no concerns with the proposed applications. However, it is noted that with respect to 3 Rockcliffe Drive that the minimum driveway setback for a corner lot must be provided. Engineering Comments: This section of Rockcliffe Drive has not yet been constructed, however, civic 3, 7, 11, 15 & 19 Rockcliffe Drive have already been serviced with storm services. A storm service for new civic no. 5, along with a sanitary and water service will be required to be installed when the balance of the water and sanitary servicing for civic 3, 7, 11, 15 & 19 are completed. Operations (Parks) Comments: Parkland dedication is not required as it was taken as a condition of Subdivision Approval. RECOMMENDATIONS: Minor Variance Applications: A. That application A2017-114 (for future lot to be known as 3 Rockcliffe Drive) requesting relief from s. 5.24 of Zoning By-law 85-1 to permit a minimum setback of 6.0 metres from an arterial road rather than 12.0 metres, be approved. B. That application A2017-115 (for future lot to be known as 7 Rockcliffe Drive) requesting relief from Special Regulation Provision 341 R of Zoning By-law 85-1 to permit a minimum lot width of 10.97 metres rather than 11.5 metres, be approved. C. That application A2017-116 (for future lot to be known as 11 Rockcliffe Drive) requesting relief from Special Regulation Provision 341 R of Zoning By-law 85-1 to permit a minimum lot width of 9.75 metres rather than 11.5 metres, be approved. D. That application A2017-117 (for future lot to be known as 15 Rockcliffe Drive) requesting relief from Special Regulation Provision 341 R of Zoning By-law 85-1 to permit a minimum lot width of 9.75 metres rather than 11.5 metres, be approved. E. That application A2017-118 (for future lot to be known as 19 Rockcliffe Drive) requesting relief from Special Regulation Provision 341 R of Zoning By-law 85-1 to permit a minimum lot width of 10.97 metres rather than 11.5 metres, be approved. F. That application A2017-119 (for future lot to be known as 5 Rockcliffe Drive) requesting relief from Special Regulation Provision 341 R of Zoning By-law 85-1 to permit a minimum lot width of 9.11 metres rather than 11.5 metres, be approved. Consent Applications G. That application B2017-047, requesting consent to sever a parcel of land having a width of 1.32 metres, a depth of 35.00 metres (shown as Part 2 on the severance sketch) from 19 Rockcliffe Drive, as a lot addition to 15 Rockcliffe Drive, be approved subject to the following conditions: a. 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(ies) to the satisfaction of the City's Revenue Division. b. 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. c. That Minor Variance Application A2017-114, A2017-115, A2017-116, A2017- 117, A2017-118 and A2017-119 receive final approval. d. That the Owner shall submit a draft copy of the proposed Transfer for the severance for review and approval, to the satisfaction of the City Solicitor, prior to severance approval. e. 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. f. 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. H. That application B2017-046, requesting consent to sever a parcel of land having a width of 3.86 metres, a depth of 35.00 metres (shown as Part 2 on the severance sketch) from 15 Rockcliffe Drive, as a lot addition to 11 Rockcliffe Drive; together with a maintenance easement having a width of 0.61 metres over the retained lands (shown as Part 11 on the severance sketch) in favour of the future lot to be municipally addressed as 11 Rockcliffe Drive (being Parts 4 and 5 on the severance sketch); and a maintenance easement having a width of 0.61 metres over the severed lands (shown as Part 12 on the severance sketch) in favour of the future lot to be municipally address as 15 Rockcliffe Drive (being Parts 2 and 3 on the severance sketch) be approved subject to the following conditions: a. 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(ies) to the satisfaction of the City's Revenue Division. b. 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. c. That Minor Variance Application A2017-114, A2017-115, A2017-116, A2017- 117, A2017-118 and A2017-119 receive final approval. d. That the Owner shall submit a draft copy of the proposed Transfer for the severance and easements for review and approval, to the satisfaction of the City Solicitor, prior to severance approval. e. 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. f. 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. g. 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. h. 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. That application B2017-045, requesting consent to sever a parcel of land having a width of 6.40 metres, a depth of 35.00 metres (shown as Part 6 on the severance sketch) from 11 Rockcliffe Drive, as a lot addition to 7 Rockcliffe Drive, be approved subject to the following conditions: a. 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(ies) to the satisfaction of the City's Revenue Division. b. 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. c. That Minor Variance Application A2017-114, A2017-115, A2017-116, A2017- 117, A2017-118 and A2017-119 receive final approval. d. That the Owner shall submit a draft copy of the proposed Transfer for the severance for review and approval, to the satisfaction of the City Solicitor, prior to severance approval. e. 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. f. 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. J. That application B2017-044, requesting consent to sever a parcel of land having a width of 7.72 metres, a depth of 35.00 metres (shown as Part 8 on the severance sketch) from 7 Rockcliffe Drive, as a lot addition to 3 Rockcliffe Drive, be approved subject to the following conditions: a. 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(ies) to the satisfaction of the City's Revenue Division. b. 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. c. That Minor Variance Application A2017-114, A2017-115, A2017-116, A2017- 117, A2017-118 and A2017-119 receive final approval d. That the Owner shall submit a draft copy of the proposed Transfer for the severance for review and approval, to the satisfaction of the City Solicitor, prior to severance approval. e. 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. f. 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. K. That application B2017-043, requesting consent to sever a parcel of land having a width of 16.14 metres, a depth varying between 29.29 metres and 35.00 metres and an area of 575.89 metres from 3 Rockcliffe Drive (shown as Part 10 on the severance sketch) be approved subject to the following conditions: a. 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(ies) to the satisfaction of the City's Revenue Division. b. 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. c. That Minor Variance Application A2017-114, A2017-115, A2017-116, A2017- 117, A2017-118 and A2017-119 receive final approval. d. That the Owner shall submit a draft copy of the proposed Transfer for the severance for review and approval, to the satisfaction of the City Solicitor, prior to severance approval. Katie Anderl, 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 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.