HomeMy WebLinkAboutDSD-20-148 - CC 2020-002 & CC 2020-003 - 32 Forwell RdStaff Repoil
Development Services Department
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www.kitch ever. ca
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:
Katie Anderl, Senior Planner — 519-741-2200 ext. 7987
WARD:
1
DATE OF REPORT:
September 9, 2020
REPORT #:
DSD -20-148
SUBJECT:
Application No. CC2020-002 & CC2020-003
Address: 32 Forwell Road
,f_ox
Applicant: IBI Group (c/o Dave Barrett)
Owner: Gatekey Aggregates
Summarized Recommendation: Approve
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Figure 1: Severance Sketch associated with B2019-074 & B2019-075
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REPORT
Planning Comments:
On January 21, 2020, the Committee of Adjustment conditionally approved Consent Applications 62019-
074 and B2019-075 for the lands municipally addressed as 32 Forwell Road. The purpose of the
application was to permit Parcels A and B (as shown in Figure 1) to be conveyed as lot additions to 36
and 80 Centennial Road. Parcel C was contemplated to be dedicated to the City as parkland dedication
and conditions of approval were included in the regard. The applicant has begun to fulfill the conditions
and has raised concerns with the cost of completing the environmental works associated with clean up
the parkland, prior to conveyance to the City. As such, the owner is seeking to change Condition 3 with
respect to the approval of a draft reference plan, and Condition 8 with respect to parkland dedication.
Planning and Parks staff has considered the request of Gatekey Aggregates and are of the opinion that
Parcel C is the most appropriate location for the future extension of the Walter Bean Trail in order to
facilitate a continuous off-street trail system in the future. The trail currently extends through Kolb Park
and is routed along Centennial Road and Forwell Road. However, staff acknowledges that until such
time as the balance of the retained lands is developed and additional lands are secured for the anticipated
trail, the City will not be in a position to construct a trail extension. Staff also expects that additional
environmental investigations including Record of Site Condition, Slope Stability Investigations etc. will be
required to facilitate the dedication and to confirm constructability of a trail on the balance of the lands.
Staff anticipates that there will be cost efficiencies in this work being completed comprehensively rather
than in a piecemeal fashion. Until such time as the details of the trail and the preferred alignment through
the retained lands are more fully explored, staff recommends the following:
That an easement be granted to the City for a future trail on Parcel C. This will ensure the City
has the right to construct a trail connection here without requiring that the lands be conveyed.
That the owner enters into a Modified Subdivision Agreement which will permit the City to defer
acceptance of parkland land associated with the lands to be severed, until such time as the
retained lands are developed, and will obligate the Owner to contribute parkland or cash -in -lieu
for these lands at that time. The City will also be granted the ability to Register a Transfer of Part
3 should the owner default on the agreement.
Planning staff recommends that Condition 3 be deleted. A draft reference plan has been reviewed and
approved and has been registered as 58R-20874, which shows the parts to be conveyed as lot additions
to 36 Centennial Road and 80 Centennial Road, and Part 3 over which the easement for trail purposes
is recommended.
Planning staff further recommends that Condition 8 be amended, as outlined in the Recommendations
section of this report.
The requested change to conditions is minor in accordance with Section 53(26) of the Planning Act and
no written notice is required or will be provided.
RECOMMENDATION
A. That the application of Gatekey Aggregates requesting permission to change conditions
#3 and #8 of provisional consent for Consent Application B2019-074 be approved as
follows:
That existing Condition 3 be deleted; AND
That existing Condition 8 be deleted and replaced with conditions 8 and 9 as follows:
8. That the Owner shall grant an easement to the City of Kitchener over Part 3 of
58R-20874 for the purpose of building, maintaining and operating a trail.
9. That the Owner shall enter into a Modified Subdivision Agreement with the City of
Kitchener to be prepared by the City Solicitor and registered on title of the lands
to be retained which shall include the following conditions, and shall submit the
Acknowledgment and Direction identified therein:
The Owner acknowledges that the City has agreed to defer accepting
parkland dedication contribution (cash or land) associated with the creation
of Parts 1 and 2, 58R-20874 (severed lands), until such time as a future
development application has been received for the retained lands, to the
satisfaction of the City's Director of Parks and Cemeteries.
The Owner agrees that in addition to parkland dedication which may be
required by the City as a result of development of the retained lands, to also
contribute an amount representing the full and complete dedication for the
severed lands, being Parts 1 and 2, 58R-20874. Parkland dedication
associated with Parts 1 and 2 shall be calculated based on 2% of the area of
Parts 1 and 2, 58R-20874 and shall be made by payment of the equivalent
cash value or by dedication of another area of land which is mutually
acceptable to both parties.
The Owner shall deliver to the City, together with the executed copy of this
Agreement, an undertaking to secure a release of any mortgages from title to
Part 3, 58R-20864 at such time that the City determines the Owner to be in
default of this registered agreement and when requested by the City to do so
as well as an executed Acknowledgment and Direction to be prepared by the
City Solicitor authorizing the City and its solicitor to electronically register a
Transfer of title to Part 3, 58R-20874, in favour of the City, in the event of
default by the Owner to fulfil the terms and provisions of this registered
Agreement.
B. That the application of Gatekey Aggregates requesting permission to change conditions
#3 and #8 of provisional consent for Consent Applications B2019-075 be approved as
follows:
That existing Condition 3 be deleted; AND
That existing Condition 8 be deleted and replaced with conditions 8 and 9 as follows:
8. That the Owner shall grant an easement to the City of Kitchener over Part 3 of
58R-20874 for the purpose of building, maintaining and operating a trail.
9. That the Owner shall enter into a Modified Subdivision Agreement with the City of
Kitchener to be prepared by the City Solicitor and registered on title of the lands to
be retained which shall include the following conditions, and shall submit the
Acknowledgment and Direction identified therein:
The Owner acknowledges that the City has agreed to defer accepting
parkland dedication contribution (cash or land) associated with the creation
of Parts 1 and 2, 58R-20874 (severed lands), until such time as a future
development application has been received for the retained lands, to the
satisfaction of the City's Director of Parks and Cemeteries.
The Owner agrees that in addition to parkland dedication which may be
required by the City as a result of development of the retained lands, to also
contribute an amount representing the full and complete dedication for the
severed lands, being Parts 1 and 2, 58R-20874. Parkland dedication
associated with Parts 1 and 2 shall be calculated based on 2% of the area of
Parts 1 and 2, 58R-20874 and shall be made by payment of the equivalent
cash value or by dedication of another area of land which is mutually
acceptable to both parties.
The Owner shall deliver to the City, together with the executed copy of this
Agreement, an undertaking to secure a release of any mortgages from title to
Part 3, 58R-20864 at such time that the City determines the Owner to be in
default of this registered agreement and when requested by the City to do so
as well as an executed Acknowledgment and Direction to be prepared by the
City Solicitor authorizing the City and its solicitor to electronically register a
Transfer of title to Part 3, 58R-20874, in favour of the City, in the event of
default by the Owner to fulfil the terms and provisions of this registered
Agreement.
Katie Anderl, MCIP, RPP
Senior Planner
Attachment:
• Decision B2019-074
• Decision B2019-075
Juliane von Westerholt, MCIP, RPP
Senior Planner
COMMITUEE OF ADJUSTMENT
jam. THE
CITY OF P ITCHENEH
IN THE uArTER OF the spp llon tome Crimmittim VfAdjustmeml for Me
C`-ito orf Kimcncr L*
Applicants). GATEKEY AGGREGATES INC.
Submis�iwn Nope 82-00-074
Thi matter having bccn heard an the 21 st day of dairy, 2020 and due No'lico of if h;qwing
been given in acoordance with ft* Rtdes, of Procedure adopb6d by Wqis Committee, the CDmi-nit-Lee
of AdjuatrnefA fcr City of Kitchener ha-mky rendes the folluwirg DECISION;
That 1he arr.1kAllon ryf GATEIKEY AGGREGATES INC. reguesking pen 1 sl0n tp wver a pa�uel of
land irle i:lifled as Parcel A on the severance sket& a ta--hed lb Qe-vWprnent !SeFviDBs Departrnenc
report D SD -20-01 B having a width of epproximatcly 04m and an area of arpproximOr..ly 1 33112 la be
coriveyed as a lot addifioh to the sd-hien propDrLy rreunicvallyr ;i:bridressed as 36 Centennial Ruud,
on Parc. Lot 121, German Company Tract, 37 rorwell Road, Kiteherer. Ontario, BE APPROVED,
s4rbieet to 1he fotl wirq cw0lom:
I'hat the c riser sWII uhtell, a tax zehifizaie From the City cf taichener to wierify there aro no
v,d- landing tax -as oe the skribied pfopertk to the satisfaction of aha, Oiler'% Revenue Oivnicn.
2. Thu# Ine otiwrier Ehell provide a digital fde of the depDFKed rgfwmncc plans) prepared by a"
Ontario Land Surveyor ui PLIF and eifhaff .dwlj(AUL-312-3d) cw .dgn (Micro oation) fora -al ,3;
,SII ais Tom full aim pager r_.npies. of the planes). The digital rte + Gds to be 5&rni ted
according t -a thr t>1V of Kitchenees Digital SvbmEs!;0 $twxjardR to the salisfauuCcil of IJ W,
CitVr, Maoping TeehrroIcOist
1'hat the cwncr sh*1l eMpriP 1he draft reference plan shuwilig tiie proposed lot aiddrlicns and
p rkland dedication {being Parool A. P=M B and Pard C gunc-rully aY 0Y.,Ygn on Me
s erabr *W[Ch attached to Report DOD -20-01€3} t submitted and approved by kl�c Qi 1's
Dirc-,,&or of Plarrning, in vomwuMlon wish ttie Oity's Director c4 P*rk$ and Cyenieieries.
1-liat the owr er shall agree to submit an Addondum to the SIS S1ata4L,tyr AaEear merYt
prepared lav Chung :and VaTuSw Oxlcn Erigineering I -M. (dated November 1, 2010, and
updated. December -2019) Io conriral Mat DDrxsAructio,n of a 141 within fhe 6 metre Erosion
Acr ss AwrL anae, shovin -on 'Drawing 3, wotO nof impact the elope. 114 the saftf*dion -of the
Grand River is crv;Rcion Authority_
5. Thai the owner shall �nsufe the lands to be severed hr, added irr,the sburttin0 lands {beim 36
Geme nial Road) and We trc I;ikrri into denLeal ownership as the mtyu'tiN lands. The deed
for erxlorserrent sh*1 include that any subs"ta-!�fit conweyrence of; the parcel to be severe
shad comply with Sectirans 5000 artcUcr d6) of the Planning Wit, R.8 0. 1-9I , c. PA3, as
amended
5 Ttat the gwwr`s solicitor shall provide a ltoea Undertaking co r isier an Applicaaton
C.onsobMAke immed;aiely Following the �eqlMrMlan d the Severarnre Did and pfior
to arry r applicable mortgages, and to pro -Me a copy of the registered Applicatibn
CAnBciiidatian Parcels. to the City Safficitor within a r&as wmble time follo ing rejintraiion.
hmigsion No..,20
T, That the c ner shall cnttr inn a Wdif ed Subdivision Agr+eern$nt with the City of Kilehener
io be prinpwed by the C.iry Solicitor and regi�stored on tilt qr the eared and reWniad 1310
whiCh shall include the fcll�mdn� n3i idition:
fi. That prior to i.nfliaiion pf :any bite develapr,aM works, grading cw imuencLe elf �, Wildwhg
perrnil da Omer agrees to !;ubmd mrd reoelve approval of a Site Plan to the
satisfaeiion of the Cltys Manager of Site Development and Customew $ermloe. wahloh
v-zallects. at minimum, any oreposed charj$Ms 10 lot sixp andlor any propDs.ed changes
is site operalion.
That the awner shel! enkr into a f.`lM.fiPd .SubdM3ion Agreement with the DiLy of Knchoner
t;a he pr ared by the City Wicitor and r-ugi!lerW on tate of the lams to to retat*-r which
shall include lhcr folleming conddro^s (subject to any necessary armaindrrien% io parcel
do-scriplion% bas–ed on deposited reference pla:n), And shall suWrl the better of Credit. and
AckrtmYedgrn,unt and aifaolion identrOied therein:
a. The mer shall agree that parkland dedication rogwirt'-irnt r.An for both Parcel A and
Parcel D shall be fuIFilled by the dedication of parcel C to the City of Kitchener at nQ
cov and free of encumbrances. The owner shall agree1.ha1 P -O f. - I C shall be de-dicated.
to Zhu 04 upon sabsfaclory completion of a PAK x1 of Site Condition ared o+
eier*f ante with the ten- otf this registered Agreement.
. Tho emTief shall deliver to theCky, togethervMh the exocuted copy of Vit Agr mord.
a Lettor of Credal in thr Aniouril C4 $30,0011 ao, to the selidaction of the City Solicitor.
to be held for urs by the Gid is ccmplcto a Rovard of 5iW, Cohditon shCriM one hfk
bC r ple-l�d by the owner in aoeordar with the terms of this rEgislered Agrovront
The yr shall agree to complete a Record of Site Cunddion by January 31 , 2W,2 for
the lands to be dedicated. Should tht, Record of Ue, Condltlan.not be receNed to the
sdtiS:aiCl on of the City Solicitor by January 31, 2022. the Cit{ Tray use the Left-er df
Cnedrt to have a Record of -Ske Condition cod-noleteid. The CMV, Its eftiployms. agents
or conifamors may, at the Cita sole o hon enter on the lands and sD cornpleta the
Tequired marks to the Levant of the Monir5 received undw the Letter of C 4. The
L -ed `r of Granit, or any portion of the Letter of Credit mt atharwise rent by the City to
complete the squired works herein, shall r*,leaser) by the City when the required
Record of Este Condition has been dated to 1he s.a6sfavien of the Citi{ oliaur
d. The owner shall de4iver to too 04, t l f will) tl* executed copy of thl& Agreement,
an exec led Acknowk3dgmant and Djr&e.tion to be preparied by the Ckyr 34licrtor
authori the City and i% li,Jittir to e.6 x, onieally register a. Tramfer at tflle to the
Unds 1i7 hp eiektated, In favau r of the City, in t eveni orf deifeuq by the MyWr tc
cornplele the Racom of Sile Corditon and mnyay title to braid lands to, ft, City in
accordance Ywilh the letms grid p%roMistons of this re-glateired AgmHanxirrL
„tbmi eAon Ka.: L. 2019-071 � onrd#i
It,s tEw_ tVr7.Or, rtcmlm-Lamrritbme thaL
A plan efsubdMsian jh.6& 1•er Ifs pnararrd arckuty de -mm mmerd. til Itre ffluri�p it?
The rrguirwaam a1 the Zmnp are beima riaai'dOP10 c', Ihr -FLx3-nrJ 64JE •GAJ U"BI
r$tj@lnat! Ior.IL.
The use CO 14 IsrK1 it Iha applpzaton oanforrns ID Irr-- Cit,, uer KNNFW l4h,lti opal I'Wi and Me,
Rej CtmrA F,olrcres plan.
IPursuant to Sectvrl 5U *T lj"* i3:pnrinq ✓C ail oral and wntten suhrnrs-ims were W'ie:clo gel and
-aken hiLo ricmtri G* part & the C_rrrnitier s dt!cision•rrAkialg proles B, Ydhlr 'e”M. M. to Itt's SlItjr*t r
apoiUUon Fn- ware rrfcrrrw.ra-r pleme ie,.iew be rneewfg rr:rsii•M wfilr:11 am. w arlable on :ne
City's s%rb%h at yow.kilch ,
pur5L;m,11 Lu 5,rb dQri 41 rt *kxW UL all the Pon -ling M. the epplilXrnl" MH -Ra a E--rr Red
-wndiIR7rrs wrnin am yea of ttie date of aidr,u rr11it:0, 01 itis &AK*ice,
prrsuam t(� SJboectm 4S cd :max 0l wa of the Rlarr5N AcL Oe dec-M Xr ct thIq Cor+imlttee 1haP
�p$� t.� xaar� horn the r� aI` ap�r�:a :reins ,l�iruery il, �.
Signed of Ihe• Cily of 4'4 rw M 21%1 rmp of Jarnrary, 2MO.
LAAI Date rar Appeal of Desisian: Fehru'eiyr 20, 2020
Dale 4f moing Nvilce of QocAmlan: J;3 morlr 31, 2020
1-3st0;3ta ftwFulFlling OQr+kr:liorre: Jimuory 31, 291 1.
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MFMf3FR
I Gur9 Fx thA fnrAgoing to Ia a true and rurtnt copy of ih,a Mv.Won a.... thfi
O<+r+rlmItIAQ or Adjustment (Dr 1hO City OT KA404 W 6n th" abonre mmantionotil
aspplicatlon.
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D4AhmItbm 0 Adjustmamt
fll IrTTE E OF ADA SrM N
IO IT THE
CITY OF K TCHENER
9N THE MATTER OF I.tm opptcahcn is dm f`ommitlee of AdlmG' ort for the
cnvdrKb"nae, bw:
Appllcanlilul: 0,ATEVEY" r= TES INC.
%dr Walark wa.: B MIG -0T5
rhes rnatrler helm been risgo gn Ma 21 si day of JervaerK, 21120, dared[x+ ail Hesanng haur19
teen g6vn in acmdRnw wdh the Ruies cf PeoWrga salted by ma Unnmitmm, dm Dammeft
of Adjuailirie+11 W Ow City of KAzhaner heRebar rerSdefEti the lop;h ing I :
ThsW the appIkuban 6f GATEKEY AWREGATES INC. regLm!, v pda7th"On 10 S #*qf n parcel of
land Id"W m Peroral 8 on the sameran .e 4ekh 00&wd On l3aWo mmrn Sarvrm Depwtrnent
rwpart nD-2M10 Fa-riri.�j A o doh V ppproorla ely 118m and are area of rorvleLely 1099 9 lea
be oarvrp;d as a W addmm 1a Ire prapeM nunidpmFy aidd as 80 GenbNinlral RDW. Qn Part
L_al 121, German Garr" Tr2ck 32 Fmwel Rawl, K110oner. Dn4Ei+O. SE APpft{.' VEN vAjeci b
IMq rolowtN oa-aditmns:
Thai Ve rmyngr shad abtan a Lax oerffk&te Imm Lhe Cky or Kilcher b weedy the ane no
autstmWing laraem bei lftl3 Mlkled prop$Ity to tl•& satlsiaatian of dice Ws Ptermnue 1}M60n.
2. Th -BL the wwr ssttiiL prffvde a deal file of did depe*W +@%ren0QVIPIXfsj prWared by an
DnWM Lord -Suregmr ire PDF m -rd eilher .M jAuji�Gsdj err den {Mlerxazticn) fbFMA, as
wail as twa full simd papef rauplee of de pkon(Q. the digtal file needs I!} he wbrhiUtd
accurdiN L4 6% k 0 KWWMWs OgtaI 8uhmssian S4mndnr& to 1h& mUsTe n (W ft
Diy,� Mowing Tath"c9st
3 That 1haL dwmr 00 9f sure the daft n4arrsnoe ply shnwinp the prtoosm Id $ddhi4nq drrtil
Wklsnd a$ WIk3n *inga Parcel A, Parc 0 $red P'Cl -10 fl r-PlY a9 it•rAn on t1w
"49rince 4ulcfr afiaclve+d ta ReW U3D-20-018) W sub mtled and apprund by the CWt
❑vectu cf PInnftiM, M >io#uU nn war taxa s 0ired ar a# Pa k5 erred DtmIsrrt:
Thai Dmer- shall spm T& eubM9 :Rn A4^ndM to ME Slopa atabiitY AmE55mMl
R-epzmd by Chun das'rd V:Bn4er npolan EMineeaing Ltd. �deted I+Iummber 1. 2015, dr'rd
updated Dm n bBr 20'1!jj to cnhnn thad aansiructim cif a Ltii "hire LI* 0 nsWe Er00
Ac3:e Alk"nce. �hamn an Drawing a mro id mal irnped ft Vie. 4a 1he aadard,xnn of VW
gr.pne Plewa-anserrAim Aulhcmily.
B. That It&c)vmerghg1 wffumthe sandstffbe-mrml6d 6eldded Lo UW Si�attingWds{tongaft
Centennial %adl tired title be L*6A iraLo i %n"l iarsfrQ os tl-m abutting la=rds. The dkwd
far ernad3me nem ahal ineWs Mal nny sulxmqueot canu"mm df!M* Woel to W
sisal cj3-"Iy *,ILh 543cw& !H1 J3 andibr {6-j of 0* Pimniird A€A, R SA 1W, q- P.13, as
am
de Thal the ammem Sol { *hall prmmlla a Sdirk3es Lrfdertai+irg i& f " Bn ApplGIRW
Corrmliu&lion PwWEi FnwadlahSyfc4kW q the r*ieLr$Lia-m of Lhe !Fogran'* 0W and indar
to dh nqw Qpplcabla ntart aqM and id prold@ a mpy pat tha regisiared flppicatim
Cor&akiralion Parcels ba Ih+0 -Cily Salter wtthln a masanabla time fallawinQ+eveLtawn.
jjl 1 r"rrn No L3 W1 (OpM'dF
That the avrxr eFhtrl eMar a& a NMMW dUWw1glon ,grwmant wrth d -re Ci' of KZMFmnef
it be p a 'by M CIlyr UV1Wr arxl ragislared on tm ml 1hm woered and nmairred Mates
Atko SN i U)d r,icla tha roll owrIO ccc d bm:
R That pvitr Lo iiiLlr3W q ang 4"Rlopfnttrri war:, gramng or isasmnae of m iruikliq
pe rtt ihs owner agmes #a sLd3nh acrd rem+m appmrval d a Sto Plan W, IW
Q®tiv%pn cd tha city mairiaw dr soe Deveiwmm sw awwer I , 4vlrl"
raflec r., ad rririTnurrk, arty propneed tbatoari b4 W size �nf tr pny p r*d aharogna.
Lo a0m.
F; I hat H -e earner sthaII ruler inLo a MCd 8IhdISI0-11 AjY@~ WktI OW C" Cl KIISrw
to be pwai d by bra CiLy MkAlor and reg%Wro gn 1rp4 ail &m 12nds ia. the nataimcl wrhir:h
alial include the tcIl Wng renditicm tsUtIpat is any r cssary mmeridmanis toy parcel
rAWpHv& bmad en dapoe tcd referemm plant°, and -.hull aLbfniL lite L ml& Of Cfedh, aftd
AckrKwIeqlmem acrd Dmecficn kl nhGG th mirr.
Tt%a aAvwr shall agree tial parkland dadioalian requk *terms for b31:h Parml A and,
Parte 9 %hall be f,MIed by the de6e:96m If Fla" G to It'd Cny ol Kli,lih r Iib no
arr K1 N* of enwnilx@nn *q The r �h4iI pgr4R Ig PRramI C 3haII be ditieiIlii
to ft CAty ren naMin ctery ci3nplekn of a Acanrd D Shm C�ond<iim arrd in
arm rda n m wvdh Hx temm of this rep i sieved AgmmmL
b. Tie omw Opil dW"r to ihn City, legatherwrth the mmoutmd e3p}r of thm Agri+eemmnl;
a Letter dr CTedh in ate amaunL dr IM,000.00, LO Lha iar39lion d 1he CiW Sdkftr,
iia L& helil for um by LIw City Lo cot>i" a Reel or 80 -Colditn mak! one not
N d lel@4 kyr the *%LT*r Irt pp xmrd4nDo w m the tonms qt ffm rag Irlered Agrearm nit
C[_ The orprer shall agree to DDmp Wt- m Rem of S C4 ndbW lby J41n uqrfy 31- 2022 (at
the I&Ida LIQ l dxl(;SbM. Ruud IN Ford OF 54e GOMObm n(A be NK010M to 1NO
WW n cd al r., -CIt+y°i SalKrtar by Jam2rir 11. 2M. tha Cxy mmy Usa tha Lamar rf
G red it Ga Faw a Raard of S k Co rxlibon Dorm leItedl. Tice C i ty, its ern p eva, aQerft
or rOrw( rrs ftM, 81 Me U a sole eplion er!tr or Ifs len& rd so emVWIIB the
+°fit kW woA @ to Vw wtW of M KKn" twwncl iu n0v r Rw WM r ot CrjW It, T h s
Lotbw od Cmdt, or an* p3rbion of ffw Lir caf Cr; & erof ralhm ime " n t by dw Kitty tD
aurnpleft rNuired wylsa herein. shell be ralaeaed by Its CRR wW Iii reQuM
LR eowO of r7ft C and Ma n hra r txtn Dwnpkftd M H -ma sa h=rd on -of thpa c4ty s d Imar.
The armw -Aall delhmr m the ICKy, lopt1w with exemLed wpyr of thin n
mn emxk"d AdvvWedgnwiL and 4a b -e prepamd bV 1he Oky Soj@W
auftflz ►j It* Iwlty end U 2Ilmmr to qty Wntar ® rnamiar of tHira io the
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Socr5etary-Treasurer
Oommid" of A<giig1mQru
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
Holly Dyson
From: Andrew Herreman <aherreman@grandriver.ca>
Sent: 03 September, 2020 3:54 PM
To: Holly Dyson
Cc: Chris Foster -Pengelly
Subject: [EXTERNAL] GRCA Comments - September Committee of Adjustment
Attachments: September 2020 - GRCA.pdf, GRCA Planning -Permit Program - COVID-19 Service Update May
2020.pdf
Good afternoon Holly,
Please find attached comments for the September C of A meeting. Please note that Chris will be following up with
comments on B 2020-038 separately.
Additionally, GRCA staff have no objection to the Change of Condition applications CC 2020-002 and CC 2020-003.
Sincerely,
Andrew Herreman, CPT I Resource Planning Technician
Grand River Conservation Authority
400 Clyde Road, PO Box 729, Cambridge, Ontario N1 R 5W6
(519) 621-2763 x 2228 1 www.grandriver.ca