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HomeMy WebLinkAboutDSD-18-069 - B 2018-051 & A 2018-064 - 304 Park StStaff Report Development Services Department 1 :.x www1l tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: July 17, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext. 7987 WARD: #9 DATE OF REPORT: July 11, 2018 REPORT #: DSD -18-069 SUBJECT: B2018-051 & A2018-064 — 304 Park Street Owner: Michael Harrison Prendiville Recommendation: Approve with Conditions v Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. - Y ♦ - ths� -[F R W�yyy� x LL _ .,77! hL Iw-. 3 Lot to b e Mev - REPORT Planning Comments: The subject land is located at 304 Park Street and is a through lot which has frontage on both Park Street and Gruhn Street. The applicant is proposing to sever the property in order to create a new lot for a single detached dwelling having frontage on Gruhn Street, while retaining the existing dwelling on Park Street. The subject lands are located in the KW Hospital Secondary Plan and are designated Low Rise Conservation and zoned Residential Five Zone (R-5), with Special Use Provision 129U. Policies of this designation speak to the preservation of the existing low rise, low density residential character of the neighbourhood. Preservation of the built scale of development is encouraged through the retention of the existing housing stock, and the creation of new housing through redevelopment at a scale and intensity no greater than existing. The existing house will be preserved on the lands to be retained and will not appear any different from the Park Street frontage. The new lot provides for the one new single detached dwelling, on a lot which complies with by-law requirements. The proposed lot width of 12.8 metres at the Gruhn Street frontage exceeds the minimum by-law requirements and is similar to or greater than the width of existing lots along the street. Policies of the 2014 Official Plan also require that infill development complement existing buildings and contribute to neighbourhood character. The applicant has provided the proposed building plan for the new single detached dwelling, and staff confirms that the building design and size of the new lot comply with all zoning by-law requirements. The proposed dwelling's setback of 4.5 metres will comply with the by-law and is in keeping with the setback of existing houses along this section of Gruhn Street. The proposed elevations provide for a 2 storey house with a peaked roof, which is similar to the scale of other dwellings along this section of Gruhn Street and will also comply with by-law requirements. Staff is of the opinion that the house design provided in support of the application is compatible with the established neighbourhood and staff recommends that as a condition of approval, the Owner be required to enter into a modified subdivision agreement, requiring that building elevations be consistent with those submitted in support of the application. Staff also noted that to facilitate the consent the detached garage is proposed to be demolished. This requirement is included as a condition of the consent, and works must be completed before the severance is final as the proposed property line would divide the existing structure. Required parking will continue to be provided to the rear of the existing dwelling, and will be wholly contained on the lands to be retained. Minor variances have been requested for the retained lands to: legalize the existing side yard setback of 2.4 metres, rather than 3.0 metres on the side with the driveway; to legalize the existing width of the driveway of 2.4 metres, rather than 2.6 metres; and to permit a rear yard setback of 4.955 metres rather than 7.5 metres. These variances are further discussed below. 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, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The dimensions and shape of both the severed and retained lands conform to the zoning regulations (subject to approval of the associated minor variances) and are appropriate and suitable for the existing dwelling and the future development of the severed lot. The lands front on established public streets, and both parcels of land can be serviced with independent and adequate service connections to municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Proposed Minor Variances: The applicant has requested two minor variances for the lands to be retained. Subsequent to the application being received, a third variance was identified to permit an existing driveway to have a width of 2.4 metres rather than 2.6 metres. The additional variance was captured in the public notice, however was not part of the original application. 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 offer the following comments. The subject lands are designated Low Rise Conservation in the KW Hospital Secondary Plan. The intent of this designation is to retain the existing low rise, low density residential character of the neighbourhood. Preservation of the built scale of development is encouraged through the retention of the existing housing stock, and the creation of new housing through redevelopment at a scale and intensity no greater than existing. The proposed variances will facilitate the creation of a new lot which complies with the policies of this designation. The existing house will be preserved on the lands to be retained and will not appear any different from the Park Street frontage. Based on the foregoing staff are of the opinion that the general intent of the Official Plan is maintained. Variances 1 & 2: Reduction of side yard setback from 3.Om to 2.4 m where a driveway leads to a required parking space, and reduction of driveway width from 2.6 to 2.4 metres. The general intent of the zoning by-law is to ensure sufficient space for a driveway to lead from the street to a required parking space and to accommodate the width of a vehicle. The intent of requiring a 3.0 metre wide driveway where is located adjacent to a house is to ensure sufficient space for drivers and passengers to open doors and exit a vehicle if they are parked in the driveway without being impeded by the house or encroaching on neighbouring lands. Similarly, the intent of a 2.6 metre wide driveway width is to ensure a vehicle can manoeuver on the driveway. In this case, the width of the driveway is existing and is not proposed to change as a result of the consent. The required parking space at the end of the driveway (in the rear yard) will exceed minimum parking space size requirements allowing for doors to open fully. In addition, staff observe that the current occupants accommodate mid-sized vehicles on the driveway. Transportation Services staff is satisfied that the existing situation is functional and appropriate. Based on the foregoing, staff is of the opinion that the general intent of the by-law is maintained. Photo 3 — driveway of existing dwelling at 304 Park Street Staff is of the opinion that the proposed variances are minor and appropriate for the development and use of the lands. Variances #1 and #2 legalize the existing driveway width and side yard setback, which are both currently legal non -conforming, however upon severance they lose this status as they are not on the original lot. Staff is of the opinion that the driveway is currently functional and the existing situation is not proposed to change as a resit of the consent. Variance 3: reduction to rear yard setback from 7.5 metres for 4.995 metres. The general intent of the 7.5 metre rear yard setback is to provide appropriate separation between dwellings adequate private outdoor amenity space. The rear yard of the subject dwelling contains a recently built deck. This deck appears smaller than the one captured by aerial imagery and allows for a rear yard grassed area. Given that the owner is satisfied with the amount of private outdoor amenity space, and any new owner of the lands to be severed will be aware of the reduced rear yard setback on the retained lands, staff is satisfied that the proposed variances maintains the general intent of the zoning by-law. Staff is further of the opinion that the reduction to the rear yard setback is minor and appropriate for the development and use of the lands. Based on the foregoing, staff recommends that Minor Variance Application A2018-064 be approved. Environmental Planning Comments: A Tree Preservation/Enhancement Plan is required for the severed and retained lands in accordance with the City's Tree Management Policy. Building Comments: The Building Division has no objections to the proposed applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official; and 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 Services Comments: Transportation Services has no concerns with the subject applications. 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. If the buildings have basements and a sump pump is required, a storm outlet will be required also. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate municipal water, storm and sanitary services are currently available to service this property. Each severed lot will require a sanitary, a storm (for new foundations only) and a water service. Any further enquiries in this regard should be directed to Natasha Prepas-Strobeck (519-741-2200 ext. 7136). • Any new driveways are to be built to City of Kitchener standards. All work is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: A cash -in -lieu of land park dedication is required on the severed parcel only, in the amount $5,888.92 as a new development lot will be created as result of the proposed severance. Parkland dedication is calculated at 5% of the per metre lineal frontage land value for the severed portion. The Applicant is advised that there is a City owned tree within the Gruhn Street frontage of the severed lot, which is to be protected from construction related damage and removal in accordance with By-law Chapter 690, Articles 3 and 4. Removal of the City owned tree would require compensation to the City. RECOMMENDATION A. That application B 2018-051 requesting consent to sever a parcel of land having a width of 12.8 metres and an area of 235 metre squared, be approved subject to the following conditions: 1. 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. 2. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the existing detached garage be demolished to the satisfaction of the City's Chief Building Official. 4. a) That the owner shall complete a building code assessment, prepared by a qualified designer, to confirm that the proposed property line and any of the building adjacent to this new property line comply with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall addresses items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. 5. That the owner make financial arrangements to the satisfaction of the City's Director of Engineering for the removal of any redundant service connections and the installation of new ones that may be required to service this property, the installation of boulevard landscaping including street trees, the installation of a paved driveway ramp, and the installation of new curb and gutter, all to City standards. 6. That the owner make arrangements financial or otherwise for the relocation of any existing City - owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 7. That the owner provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of the Engineering Division, showing outlets to the municipal servicing system, together with any required easements. 8. That the owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together 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 Director of Engineering Services. 9. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $5888.92. Park Dedication is calculated at the residential rate of 5%, for the severed lands only, with a land valuation calculated by the lineal frontage and a land value of $9,200 per metre of frontage. 10. 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: "That prior to any grading, tree removal, or the application for or issuance of a building permit, the owner shall submit the following plans, prepared by qualified consultants, to the satisfaction of the City's Director of Planning: (ii) Elevation drawings for all new buildings. The owner agrees that the proposed building elevations shall be consistent with those submitted in support of Consent Application B2018-051; (iii) A Grading Plan showing the proposed grades and drainage; (iv) A Tree Preservation Plan for the severed lands in accordance with the City's Tree Management Policy. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. (v) The owner further agrees to implement the approved plans. No changes to the plans shall be granted except with the prior approval of the City's Director of Planning." 11. That minor variance application A2018-064 receive final approval. B. That minor variance application A2018-064 requesting relief from Section 39.2.1 to permit a rear yard setback of 4.995 metres, rather than 7.5 metres; from Section 39.2.1 to permit a side yard setback of 2.4 metres where a driveway leading to a require parking spaces is situated between the main building and the side lot line, rather than 3.0 metres; and from section 6.1.1.1 b) ii) b) to permit an existing driveway to have a minimum width of 2.4 metres, rather than 2.6 metres, be approved. Katie Anderl, MCIP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner Region of Waterloo File No. D20-20/18 KIT July 9, 2018 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 B 2018-044 43 Barclay Ave Miroslav Orasanin PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2018-044 through B2018-047, B2018-051 through B2018-054 Committee of Adjustment Hearing July 17, 2018 CITY OF KITCHENER The applicant is proposing a lot severance to create a new residential lot. Community Planning: Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Corridor Planning: There are no Regional concerns to the above application. However, the owners of the severed and retained lots are advised that the subject lands are located close to the Waterloo International Airport runaway approach surface and therefore occupants may be exposed to the presence and noise from flying aircraft. Document Number: 2769250 Version: 1 Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B 2018-045 and B 2018-046 603 Lancaster St W and 605 Lancaster St W Ajit Arora / Ken Wilson, Stonebridge Guitars International Inc. Application B 2018-045 is proposing to grant an easement along the westerly property line, in favour of the property municipally addressed as 605 Lancaster Street West for access. Application B 2018-046 is proposing to grant an easement along the easterly property line, in favour of the property municipally addressed as 603 Lancaster Street West for access. Corridor Planning: Regional Road Dedication There is no dedicated road widening required for the above applications, keeping in view the existing buildings and porches on the subject properties. However, owners of subject properties (203 and 205 Lancaster Street West) are advised that a future redevelopment application on these lands would require a dedicated road widening of approximately 3.96 metres depth along the entire property frontage to comply with the designated road width of 20.117 metres for Lancaster Street West (RR #29). The road dedication would be required free of any encumbrances and at the owner's cost. Access Permit The existing accesses on the subject properties is functioning as a mutual shared access as confirmed by both property owners in separate letters to the City of Kitchener, as provided in the above applications. Therefore, the owners will be required to apply for a mutual shared Access Permit. No application fee will be required for the access permit. The access permit is application is available at: https://www.regionofwaterloo.ca/en/resources/Access Permit-access.pdf Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval the applicant obtain a mutual shared Access Permit for the subject properties to the satisfaction of the Region of Waterloo. Document Number: 2769250 Version: 1 B 2018-047 239 Wellington St W Mary Cikic The applicant is proposing to create a new lot intended for the construction of residential duplexes. Community Planning: Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Corridor Planning: The severed and retained residential lots will be impacted from road noise due to increased traffic on Wellington Street. Additionally, these lands are in proximity of Metrolinx / Region of Waterloo railway mainlines. The applicant is required to enter into a registered agreement with the Region of Waterloo to include the following noise attenuation measures) and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: a) The residential dwellings will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Wellington Street North; and rail noise from Metrolinx / Region of Waterloo railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). 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 Waterloo Region and the Environment, Conservation and Parks (MOECP)". "Metrolinx / Region of Waterloo or their assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There Document Number: 2769250 Version: 1 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). Metrolinx / Region of Waterloo 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 objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant enters into a registered development agreement with the Region of Waterloo to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The residential dwellings will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Wellington Street North; and rail noise from Metrolinx / Region of Waterloo railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). 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 Waterloo Region and the Environment, Conservation and Parks (MOECP)". "Metrolinx / Region of Waterloo or their assigns or successors in interest has or have a rights-of-way within 300 metres from the land Document Number: 2769250 Version: 1 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). Metrolinx / Region of Waterloo 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" B 2018-051 304 Park St Michael Prediville The applicant is proposing to create a new lot for residential purposes. Community Planning: Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Corridor Planning: The severed and retained lands will be impacted from rail noise from the Goderich Exeter Railway (G. Ex. R.) mainlines. The applicant is required to enter into a registered agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: a) The residential dwelling on severed lot will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements for both, severed and retained lots: 1) "The purchasers / tenants are advised that sound levels due to increasing rail noise from Goderich Exeter Railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been Document Number: 2769250 Version: 1 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 Waterloo Region and the Environment, Conservation and Parks (MOECP)". 2) "Goderich Exeter Railway or their 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). Goderich Exeter Railway 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 objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant enters into a registered agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: a. The residential dwelling on severed lot will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements for both, severed and retained lots: "The purchasers / tenants are advised that sound levels due to increasing rail noise from Goderich Exeter Railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation Document Number: 2769250 Version: 1 and Parks (MOECP). 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 Waterloo Region and the Environment, Conservation and Parks (MOECP)". ii. "Goderich Exeter Railway or their 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). Goderich Exeter Railway 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" B 2018-052 101 Mount Hope St Mohammad Abdullah c/o JEC Properties Inc. The applicant is proposing to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. Community Planning: Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2769250 Version: 1 B 2018-053 105 Mount Hope St Mohammad Abdullah c/o JEC Properties Inc. The applicant is proposing to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. Community Planning: Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B 2018-054 44 Fifth Ave Goran and Milena Gligorovic The applicant is proposing to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. Community Planning: Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Corridor Planning: The severed and retained lots will be impacted from road noise due to proximity to Highway 7/8 and Kingsway Drive. The applicant is required to enter into a registered agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: a) The residential dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: Document Number: 2769250 Version: 1 "The purchasers /tenants are advised that sound levels due to increasing road traffic Highway 7/8 and Kingsway Drive may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). 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 Waterloo Region and the Environment, Conservation and Parks (MOECP)". Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following conditions: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant enters into a development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: a. The residential dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: i. "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 and Kingsway Drive may occasionally interfere with some activities of the dwelling occupants Document Number: 2769250 Version: 1 as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). 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 Waterloo Region and the Environment, Conservation and Parks (MOECP)". 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, Matthew Colley Planner Document Number: 2769250 Version: 1 Region of Waterloo July 04, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: D20-20/VAR KIT GEN (5) /VAR KIT, 8141362 Ontario Inc. (8) /VAR KIT, Michael Prendiville (11) /VAR KIT, Goran and Milena Gligorovic Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 901 Pebblecreek Court (A 2018-057): No concerns. 2. 352 Maple Avenue (A 2018-058): No concerns. 3. 39 Susan Crescent (A 2018-059): No concerns. 4. 6 Waterwillow Court (A 2018-060): No concerns. 5. 1 Adam Street (A 2018-061): No concerns. 6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns. 7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns. 8. 304 Park Street (A 2018-064): No concerns. 9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns. 10.105 Mt. Hope (A 2018-067 & A 2018-068): No concerns. 11. 44 Fifth Avenue (A 2018-069): No concerns. 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. Document Number: 2769561 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 Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE July 5, 2018 YOUR FILE: See below Applications for Minor Variance: A 2018-057 901 Pebblecreek Court A 2018-058 352 Maple Avenue A 2018-059 39 Susan Crescent A 2018-060 6 Waterwillow Court A 2018-061 1 Adam Street A 2018-063 Doonwoods Crescent A 2018-064 304 Park Street A 2018-065 101 Mount Hope Street A 2018-066 101 Mount Hope Street A 2018-067 105 Mount Hope Street A 2018-068 105 Mount Hope Street A 2018-069 44 Fifth Avenue Applications for Consent: B 2018-044 43 Barclay Avenue B 2018-047 239 Wellington Street North B 2018-048 Weichel Street at Victoria Street South B 2018-049 Weichel Street at Victoria Street South B 2018-050 Weichel Street at Victoria Street South B 2018-051 304 Park Street B 2018-052 101 Mount Hope Street B 2018-053 105 Mount Hope Street B 2018-054 44 Fifth Avenue GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.