HomeMy WebLinkAboutDSD-20-141 - B 2020-030 - 58 Barbara CresStaff Repoil
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Development Services Department wwwkitchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 15, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
PREPARED BY: Richard Kelly-Ruetz, Planner - 519-741-2200 ext. 7110
WARD:
8
DATE OF REPORT:
September 3, 2020
REPORT #:
DSD -19-141
SUBJECT:
APPLICATION: B2020-030
58 Barbara Crescent
Owner: Dragan Vujovic
Applicant: Boban Jokanovic
Approve with conditions
Location Map — 58 Barbara Crescent
REPORT
The subject property located at 58 Barbara Crescent is designated Low Rise Residential in the
Official Plan and zoned Residential Four Zone (R-4) in the Zoning By-law. The property currently
contains a single detached dwelling. The neighbourhood consists primarily of a mix of single
detached dwellings and semi-detached dwellings. Lot sizes vary in width, depth, and area.
The Applicant intends to demolish the existing building and is requesting consent to sever the
subject property into two lots for future single detached dwellings. The severed lot would have a
frontage of 9.441 metres, depth of 49.255 metres, and an area of 550.4 square metres and the
retained lot would have a frontage of 9.442 metres, a depth of 49.255 metres, and an area of
531.3 square metres.
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Severance Sketch
Planning Comments:
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, both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law 85-1, the dimensions and shapes of the proposed lots are
appropriate and suitable for the proposed use of the lands, the lands front on an established public
street, and can be serviced with independent and adequate service connections to municipal
services. The resultant lots will be compatible in size with the lots in the surrounding area.
Based on the foregoing, Planning staff recommends that Consent Application B2020-030
requesting consent to sever the subject property into two lots be approved, subject to the
conditions listed in the Recommendation section of this report.
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 services that may be required to service these
properties, all prior to severance approval. Our records indicate municipal services are
available for the proposed properties. Any further enquiries in this regard should be
directed to Katie Wood (519-741-2200 ext. 7135).
• Any new driveways are to be built to City of Kitchener standards. 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.
• A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM
etc.) with corresponding layer names and asset information 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.
Environmental Planning Comments:
Standard condition on both the severed and retained lands to enter into an agreement to complete
tree preservation / enhancement plan prior to demolition permit issuance is required.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services
(DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the
demolition of all existing buildings, as well as construction of all new residential buildings
Fire Comments (compiled from emails from Greg Reitzel in July 2020):
This area of the city (once Stirling passes Greenbrook) is problematic as there is only one road
access to the area. Fire could not support additional density in the area unless it was just for a
single family dwelling and they installed a sprinkler system and direct to fire home monitoring. Fire
can support building one house on each lot as long as sprinkler systems are installed as well as
direct to fire home monitoring.
3
Note from Planning: A building permit (#20 120816) for a new single detached dwelling on
the `severed' lot has been applied for as of the date of this report. Kitchener Fire does not
require a sprinkler for the first dwelling in this case as it is replacing what was already
existing, per correspondence with Greg Reitzel. The recommendations section of this
report proposes a condition that the future new single detached dwelling on the `retained'
lot be constructed with a sprinkler system and direct to fire home monitoring. This is in line
with comments from Kitchener Fire.
Transportation Comments:
Transportation Services will require funds in the amount of $2,169.26 to be dedicated to
Engineering Services for a future 1.8m concrete sidewalk along the entire frontage of the severed
portion of the original property.
Operations Comments:
Park Dedication is calculated at 5% of the new development lots only, with a land valuation
calculated by the lineal frontage (9.441 m) at a land value of $9,200 per frontage metre. The total
Park Dedication for this application is $4,342.86. Any change to the proposal for development
may require a re -assessment of Park Dedication.
Region of Waterloo Comments
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 per new
lot created prior to final approval of the consent.
Environmental Noise:
Regional Staff notes that the subject lands are located in close proximity of Conestoga Parkway
(Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant
must enter into an agreement with the City of Kitchener to include the following noise mitigation
and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all
dwellings on the severed and retained lands:
a) The dwelling will be installed with air ducted heating and ventilation suitable sized and
designed for provision of central air conditioning system.
b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental
agreement:
"Purchasers/tenants are advised that sound levels due to increasing road traffic from
Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of
the dwelling occupants as the sound levels may exceed the sound level limits of the
Regional Municipality of Waterloo (RMOW and the Ministry of the Environment
Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that "This unit 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 Regional Municipality of Waterloo
(RMOW) and the Ministry of the Environment Conservation & Parks (MECP)."
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RECOMMENDATION:
A. That Application B2020-030 requesting consent to sever a parcel of land having a width
of 9.441 metres and an area of 550.4 m2 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 provides 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 two full size paper copies 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 single detached dwelling existing as of August 10, 2020 be demolished to the
satisfaction of the City's Planning Division.
4. That the owner enters into a modified subdivision agreement with the City of Kitchener
to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning
and Director of Engineering Services, and this is to be registered on title of the
retained lands. Said agreement shall include the following special conditions:
a. The OWNER agrees that no building permits shall be applied for the severed or
retained lands until satisfactory arrangements are made with the CITY'S Chief
Building Official to install and maintain a direct -to -fire alarm monitoring system and
fire sprinkler system for each dwelling to be constructed.
I. Satisfactory arrangements shall include the submission of drawings
showing the hardwiring in each dwelling.
II. No occupancy of each dwelling shall be permitted until the CITY'S Chief
Building Official has confirmed that such system is operational.
III. Such system shall remain operational in perpetuity as a responsibility of
the homeowner and this condition shall not be released from title unless and
until the CITY Solicitor is notified by the CITY'S Fire Chief that adequate
protection is otherwise provided and the maintenance of the system is no
longer mandatory.
5. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal in the amount of $4,342.86 which is required on the severed parcel
as a new developable lot will be created by the severance. The park land dedication
is calculated at the residential rate of 5% of the per metre lineal frontage land value
for the severed portion.
6. That the Owner makes satisfactory arrangements with the Director of Engineering for
payment towards future sidewalk installation along the frontage for the severed
portion in the amount of $2,169.26 (2020 fee). Should the funds be dedicated in 2021
or later, an updated fee will apply.
A
7. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the
severed and/or retained lands.
8. That the Owner makes 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 driveway ramp, on the severed lands.
9. That any new driveways are to be built to City of Kitchener standards at the Owner's
expense prior to occupancy of the building to the satisfaction of the City's
Engineering Division.
10. That the Owner provides a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
11. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing,
SWM etc.) with corresponding layer names and asset information to the satisfaction
of the Engineering Division prior to severance approval.
12. That the Owner provides Engineering staff with confirmation that the basement
elevation 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 to the satisfaction of
the Director of Engineering Services.
13. That prior to final approval, the owner/applicant submits the Regional consent review
fee of $350.00 per new lot created.
14. The owner/applicant must enter into an agreement with the City of Kitchener to include
the following noise mitigation and warning clauses in all Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed and retained lands:
a) The dwelling will be installed with air ducted heating and ventilation suitable sized
and designed for provision of central air conditioning system.
b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental
agreement:
i) "Purchasers/tenants are advised that sound levels due to increasing road
traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere
with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Regional Municipality of Waterloo
(RMOW) and the Ministry of the Environment Conservation & Parks
(MECP)."
ii) "Purchasers/tenants are advised that "This unit 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
0
closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Regional Municipality of Waterloo (RMOW) and the
Ministry of the Environment Conservation & Parks (MECP)."
15. 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 and retained lands which
shall include the following:
a) That the Owner shall prepare a Tree Preservation/Enhancement Plan for the
severed and retained lands in accordance with the City's Tree Management
Policy, to be approved by the City's Director of Planning and where
necessary, implemented prior to any grading, tree removal or the issuance
of building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped area
and vegetation to be preserved.
b) The Owner further agrees to implement the approved plan. No changes to
the said plan shall be granted except with the prior approval of the City's
Director of Planning.
Richard Kelly-Ruetz, BES
Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
7
N14*4r
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 N213 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reglonofwate rloo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/20 KIT
August 28, 2020
Re: Comments for Consent Applications B2020-027 to 62020-
038 and CC2020-002 to C2020-003
Committee of Adjustment Hearing September 15, 2020
CITY OF KITCHENER
B2020-027 and B2020-028
11 Chicopee Park Court
Dharmanand and Basmatie Anghad
The owner/applicant is proposing a severance to create three residential lots. The
application was previously brought forward as B2018-119 and B2018-120.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Environmental Noise:
Regional Staff note that the subject property is in close proximity to both Fairway Road
and River Road. As a result, the owner/applicant is required to enter into an agreement
with the Region of Waterloo to include the following noise warning clause in all Offers of
Purchase and Sale, lease/rental agreements and condominium declarations for all
dwellings on the severed and retained lands:
Purchasers/tenants are advised that sound levels due to increasing road traffic
from Fairway Road and River Road may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the sound
Document Number: 3387664 Version: 1
level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of
the Environment Conservation & Parks (MECP).
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) The owner/applicant is required to enter into an agreement with the Region of
Waterloo to include the following noise warning clause be included in all Offers of
Purchase and Sale, lease/rental agreements and condominium declarations for
all dwellings on the severed and retained lands:
Purchasers/tenants are advised that sound levels due to increasing road
traffic from Fairway Road and River Road may occasionally interfere with
some activities of the dwelling occupants as the sound levels may exceed
the sound level limits of the Regional Municipality of Waterloo (RMOW)
and the Ministry of the Environment Conservation & Parks (MECP).
B2020-029
442 Old Chicopee Trail
Ewa Munch and John Brodrecht
The owner/applicant is proposing to demolish the existing dwelling and sever the
existing oversized irregular lot into two separate buildable residential lots.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Archaeological Assessment:
Regional Staff acknowledge that although the subject lands at 442 Old Chicopee
Trail was excluded from the archaeological assessments completed for the surrounding
developments, the majority of this parcel has been disturbed, and will not
require archaeological assessment. However, the owner/applicant should be aware
that a registered archaeological site is in very close proximity to the subject lands. Due
to the proximity of registered archaeological resources the owner/applicant should be
aware that:
• If archaeological resources are discovered during future development or
site alteration of the subject property, the owner/applicant will need to
immediately cease alteration/development and contact the Ministry of
Heritage, Sport, Tourism and Culture Industries. If it is determined that
additional investigation and reporting of the archaeological resources is
Document Number: 3387664 Version: 1
needed, a licensed archaeologist will be required to conduct this field work
in compliance with S. 48(a) of the Ontario Heritage Act; and/or,
• If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to
immediately cease alteration and must contact the proper authorities
(police or coroner) and the Registrar at the Bereavement Authority of
Ontario in Compliance with the Funeral, Burial and Cremation Services
Act, 2002 S. 96 and associated Regulations.
Environmental Noise:
The owner/applicant is advised that the subject lands are located within the Zoned
Regulated Area of the Region of Waterloo International Airport, specifically the Outer
Limit. As such, the dwelling occupants will be subject to presence and noise from flying
aircraft. These lands will be subject to provisions of the Airport Zoning regulations.
Regional Staff note that the subject lands are also located approximately 185 metres of
Fairway Road North (RR#53) and may be impacted by transportation noise. As a result,
the owner/applicant must enter into an agreement with the Region of Waterloo to
include the following noise mitigation and warning clauses in all Offers of Purchase and
Sale, lease/rental agreements for all dwellings on the severed lands:
"Purchasers/tenants are advised that sound levels due to increasing road traffic
from Fairway Road (RR #53) may occasionally interfere with some activities of
the dwelling occupants as the sound levels may exceed the sound level limits of
the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
The owner/applicant must enter into an agreement with the Region of Waterloo to
include the following noise mitigation and warning clauses in all Offers of Purchase and
Sale, lease/rental agreements for all dwellings on the retained lands:
"Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
Document Number: 3387664 Version: 1
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) The owner/applicant must enter into an agreement with the Region of Waterloo
to include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements for all dwellings on the severed
lands:
"Purchasers/tenants are advised that sound levels due to increasing road
traffic from Fairway Road (RR #53) may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and
the Ministry of the Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
3) The owner/applicant must enter into an agreement with the Region of Waterloo
to include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements for all dwellings on the retained
lands:
"Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
:YKIYUKIKII
58 Barbara Crescrent
Dragan Vujovic
The owner/applicant is proposing a severance to create a new residential lot.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Document Number: 3387664 Version: 1
Environmental Noise:
Regional Staff note the subject lands are located in close proximity of Conestoga
Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the
owner/applicant must enter into an agreement with the City of Kitchener to include the
following noise mitigation and warning clauses in all Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed and retained lands:
a) The dwelling will be installed with air ducted heating and ventilation suitable sized
and designed for provision of central air conditioning system.
b) The following Noise Warning Clauses will be included all Purchase/Sale and
Rental agreement:
"Purchasers/tenants are advised that sound levels due to increasing road
traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with
some activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOM and the
Ministry of the Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that "This unit 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 Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) The owner/applicant must enter into an agreement with the City of Kitchener to
include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements for all dwellings on the severed and
retained lands:
a. The dwelling will be installed with air ducted heating and ventilation
suitable sized and designed for provision of central air conditioning
system.
b. The following Noise Warning Clauses will be included all Purchase/Sale
and Rental agreement:
Document Number: 3387664 Version: 1
"Purchasers/tenants are advised that sound levels due to
increasing road traffic from Conestoga Parkway (Highway 7/8) may
occasionally interfere with some activities of the dwelling occupants
as the sound levels may exceed the sound level limits of the
Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that "This unit 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 Regional
Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
B2020-031
500 Karn Street
Cailin Pele
The owner/applicant is proposing to remove the existing dwelling and garage and sever
the lot into two separate buildable lots. This application was previously circulated as
B2019-009 and lapsed before all conditions were fulfilled.
Regional Fee:
Regional Staff confirm receipt of the required consent review fee.
The Region has no objection to the proposed application.
B2020-032
160 Strange Street
Richard and Erin Griesbaum
The owner/applicant is proposing a severance to create two buildable residential lots.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Archaeological Assessment:
Regional Staff acknowledge that the subject lands at 160 Strange Street has been
disturbed, and will not require archaeological assessment. However, the
owner/applicant should be aware that:
• If archaeological resources are discovered during future development or site
alteration of the subject property, the owner/applicant will need to immediately
Document Number: 3387664 Version: 1
cease alteration/development and contact the Ministry of Heritage,
Sport, Tourism and Culture Industries. If it is determined that additional
investigation and reporting of the archaeological resources is needed, a
licensed archaeologist will be required to conduct this field work in
compliance with S. 48(a) of the Ontario Heritage Act; and/or,
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner)
and the Registrar at the Bereavement Authority of Ontario in Compliance with
the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
Environmental Noise:
Regional Staff note that the subject lands are approximately 137 metres from the CN
Railway mainline and may be impacted by transportation noise in the vicinity. As a
result, the owner/applicant must enter into an agreement with the City of Kitchener to
include the following noise mitigation and warning clauses in all Offers of Purchase and
Sale, lease/rental agreements for all dwellings on the severed and retained lands:
a) The dwelling will be installed with air ducted heating and ventilation suitable sized
and designed for provision of central air conditioning system.
b) The following Noise Warning Clauses will be included all Purchase/Sale and
Rental agreement:
i. "Purchasers/tenants are advised that sound levels due to increasing
transportation noise in the vicinity may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and the
Ministry of the Environment Conservation & Parks (MECP)."
"Purchasers/tenants are advised that "This unit 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 Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
iii. "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
Document Number: 3387664 Version: 1
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."
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) The owner/applicant must enter into an agreement with the City of Kitchener to
include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements for all dwellings on the severed and
retained lands:
a. The dwelling will be installed with air ducted heating and ventilation
suitable sized and designed for provision of central air conditioning
system.
b. The following Noise Warning Clauses will be included all Purchase/Sale
and Rental agreement:
"Purchasers/tenants are advised that sound levels due to
increasing transportation noise in the vicinity may occasionally
interfere with some activities of the dwelling occupants as the
sound levels may exceed the sound level limits of the Regional
Municipality of Waterloo (RMOM and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that "This unit 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 Regional
Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
iii. "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
Document Number: 3387664 Version: 1
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."
4 Westgate Walk
Graham and Sandra Dare
The owner/applicant is proposing a lot line adjustment to create a new lot.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
B2020-034 to B2020-036
956-962 Glasgow Street
MHBC c/o Pierre Chauvin
The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse
dwelling that is part of a standard condominium registered in July 1997. The existing
owners of the condo wish to terminate the condo in accordance with Section 122 of the
Condo Act. The purpose of the application is to sever the existing condo units into
individual conveyable lots to terminate the condominium. No new development is
proposed.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Environmental Noise:
The subject lands are located approximately 90 metres from University Avenue West
(RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts
from traffic noise on these streets.
Regional Staff acknowledge that there is no new proposed development. However,
Regional Staff will require the owner/applicant to enter into an agreement with the
Region of Waterloo to include the following noise warning clauses in all Offers of
Document Number: 3387664 Version: 1
Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed
severed and retained lands:
"Purchasers/tenants are advised that sound levels due to increasing road traffic
on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may
occasionally interfere with some activities of the dwelling occupants as the sound
levels may exceed the sound level limits of the Regional Municipality of Waterloo
(RMOW) and the Ministry of the Environment Conservation & Parks (MECP)."
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) That the owner/applicant enter into a registered development agreement with the
Region of Waterloo for all dwellings on the severed and retained lands to include
the following warning clause in all agreements of Offers of Purchase and Sale,
lease/rental agreements:
"Purchasers/tenants are advised that sound levels due to increasing road
traffic on University Avenue West (RR #57) and Fischer -Hallman Road
(RR #58) may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the
Regional Municipality of Waterloo (RMO M and the Ministry of the
Environment Conservation & Parks (MECP)."
:]KIN11KIkFl
1541 Highland Road West
Mandur Enterprises Inc.
The owner/applicant is proposing a sanitary easement for the adjacent property 1557
Highland Road West.
Regional Staff have no objections to the proposed application.
B2020-038
31 Wilfong Drive
Elaine Wilfong
The subject lands were merged in title upon death of spouse. The owner/applicant is
proposing to sever the land to sell the property.
Document Number: 3387664 Version: 1
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
CC2020-002 and CC2020-003
32 Forwell Road
Gatekey Aggregates
The owner/applicant is proposing a Change of Conditions for consent applications
B2019-074 and B2019-075. The original applications were to sever two parcels of land
from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88
Centennial Road. The Change of Condition application relate to the City of Kitchener
Condition No.8 from the January 2020 decision related to a Record of Site Condition
(RSC) for the parkland dedication. Given the timeframes for completing an RSC, the
owner/applicant is proposing a `cash -in -lieu' of parkland dedication.
Regional Staff have no objections to the proposed application.
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 19-037 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,
r
Matthew Colley,
Planner
Document Number: 3387664 Version: 1
September 3, 2020
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Holly Dyson, Administrative Clerk Via email only
Legislated Services, City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Dyson,
Re: September 15, 2020 Committee of Adjustment Meeting
Applications for Minor Variance
As a reminder, the attached letter from Nancy Davy, Director of Resource Management was
circulated to municipalities to indicate that GRCA staff do not have the capacity to review all
minor variance applications at this time. If the City would like to request the review of a specific
application, please contact the undersigned. Otherwise, minor variance circulations received by
GRCA will not be reviewed at this time and comments will not be issued.
Applications for Consent
B 2020-026
225 Fairway Road South
B 2020-027
11 Chicopee Park Court
B 2020-028
11 Chicopee Park Court
B 2020-029
442 Old Chicopee Trail
B 2020-030
58 Barbara Crescent
B 2020-031
500 Karn Street
B 2020-032
160 Strange Street
B 2020-033
4 Westgate Walk
B 2020-034 to B
2020-036 956. 958, 960, 962 Glasgow Street
B 2020-037
1541 Highland Road West
The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca.
Sincerely,
—-K
erreman,
Andrew HCPT
Resource Planning Technician
Grand River Conservation Authority
`These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River