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DSD-2023-107 - B 2023-010 and A 2023-037 - 709 Glasgow Street
Development Services Department www.kitchener.ca That the property ownerÓs solicitor shall provide draft transfer documents and satisfaction of the CityÓs Revenue Division. Standards to the satisfaction of the CityÓs Mapping Technologist Page 348 of 479 retaining walls be removed from the severed lands to the satisfaction of the CityÓs n for the retained lands, in accordance with the CityÓs Tree Management Policy, to the satisfaction of and approval by the CityÓs prior approval of the CityÓs Supervisor, Site Plans. permits, and/or curb cut permit to the satisfaction of the CityÓs Supervisor, at the sole option of the CityÓs Director of Planning, the Owner shall enter into satisfaction of the City Solicitor and the CityÓs Director of Planning, which shall retained lands, in accordance with the CityÓs Tree Management Policy, to be approved by the CityÓs be granted except with the prior approval of the CityÓs the satisfaction of the CityÓs Chief Building Official. The assessment shall buildingsÓ wall face, and shall include recommendatio Page 349 of 479 to the satisfaction of the CityÓs Director of Engin OwnerÓs expense prior to occupancy of the building to the satisfaction of the CityÓs drained by gravity to the street sewers to the satisfaction of the CityÓs Director of from the property line to the street to the satisfaction of the CityÓs Director of Page 350 of 479 Î he subject property is identified as ÒÓ on Map 2 Î designated ÒÓ on Map 3 ÎLand Use in the CityÓs 2014 Official Plan. The property is zoned Ò)Ó in Zoning By Page 351 of 479 Î Î Page 352 of 479 The subject property is designated ÒLow Rise ResidentialÓ on Map 3 Î propertyÓs setbacks, buildable area, impact adjacent propertyÓs ability to develop in the future Page 353 of 479 The subject lands are located within the CityÓs delineated built up area. The proposed development ill contribute towards achieving the CityÓs intensification density Urban Area policies of the ROP identify that the focus of the RegionÓs future growth will be within the CityÓs Official Plan (2014) ÒCommunity AreasÓ on Map 2 Î designated ÒLow Rise ResidentialÓ on Map 3 ÎLand Use in the CityÓs 2014 Official Plan. Ð17.E.20.5 Page 354 of 479 the lot(s) will not restrict the ultimate development of adjacent properties.Ñ The subject property is zoned as Ò)Ó in Zoning By Page 355 of 479 CityÓs Supervisor, Development the retained lands, in accordance with the CityÓs Tree Manage satisfaction of and approval by the CityÓs Supervisor, Site Plans. Such plans shall approval of the CityÓs Supervisor, Site Plans. of the CityÓs Supervisor, Site Plans. That at the sole option of the CityÓs Director of Planning, the Owner and the CityÓs Director of Planning, which shall include the following: in accordance with the CityÓs Tree Management Policy, to be approved by the CityÓs be granted except with the prior approval of the CityÓs Page 356 of 479 Spatial separation of existing buildingsÓ wall Any new driveways are to be built to City of Kitchener standards. All works are at the ownerÓs Page 357 of 479 Î Î ÎThis report has been posted to the CityÓs website with additional information on the CityÓs Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) Official Plan (2014) Zoning By-law 2019-051 Î Page 358 of 479 PLANNING JUSTIFICATION REPORT Consent to Sever a Residential Lot 709 Glasgow Street City of Kitchener Date: Prepared for: Prepared by: 540 Bingemans Centre Drive, Suite 200 Kitchener, Ontario T: 519.576.3650 F: 519.576.0121 /´± &¨«¤Ȁ ͷͶͷ͵ͽȌ!Ȍ Page 359 of 479 Table of Contents 1.0INTRODUCTION ......................................................................................................................... 1 2.0CONTEXT .................................................................................................................................... 3 2.1 Site ................................................................................................................................................ 3 2.2 Surrounding Land Uses ................................................................................................................. 4 2.3 Background ................................................................................................................................... 4 3.0DESCRIPTION OF PROPOSAL .................................................................................................... 5 3.1 Proposed Severance ...................................................................................................................... 5 3.2 Westmount Neighbourhood Compatibility .................................................................................... 5 4.0 SUMMARY OF TECHNICAL STUDIES ........................................................................................ 6 4.1 Tree Management ......................................................................................................................... 6 5.0 PLANNING ANALYSIS ................................................................................................................. 7 5.1 Provincial Policy Statement ........................................................................................................... 7 5.2 A Place to Grow - Growth Plan for the Greater Golden Horseshoe .............................................. 9 5.3 Regional of Waterloo Official Plan ............................................................................................... 10 5.4 City of Kitchener Official Plan ...................................................................................................... 11 5.5 The Planning Act, R.S.O. 1990 ..................................................................................................... 14 5.6 City of Kitchener Zoning By-law 85-1 ........................................................................................... 16 5.7 Four Tests of Minor Variance ........................................................................................................17 6.0CONCLUSIONS ......................................................................................................................... 19 0« ¨¦ *´²³¨¥¨¢ ³¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ 709 Glasgow Street, City of Kitchener i Page 360 of 479 LIST OF FIGURES After Page Figure 1 Location and Neighbourhood Context 1 Figure 2 Proposed Severance Sketch 5 0« ¨¦ *´²³¨¥¨¢ ³¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ 709 Glasgow Street, City of Kitchener ii Page 361 of 479 LIST OF TABLES & APPENDICES Table 4 - Zoning Matrix Table ............................................................................................................... 16 Appendix A - Pre-Submission Consultation Record Appendix B - Severance Sketch, Prepared by Van Harten Surveying Inc. 0« ¨¦ *´²³¨¥¨¢ ³¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ 709 Glasgow Street, City of Kitchener iii Page 362 of 479 1.0 INTRODUCTION - ¢. ´¦§³® (¤±¬²¤ "±¨³³® #« ±ª²® 0« ¨¦ ,¨¬¨³¤£ Ȩ§¤±¤¨ ¥³¤± ȏ-("#Ȑȩ ¶ ² ±¤³ ¨¤£ ¡¸ *®§ ' ««¨µ £ 3´² (®¬¤± Ȩ§¤±¤¨ ¥³¤± ³§¤ ȏ/¶¤±²Ȑȩ ³® ¯±®µ¨£¤ ©´²³¨¥¨¢ ³¨® ¨ ²´¯¯®±³ ®¥ application to sever one residential lot at 709 Glasgow Street in the Westmount neighbourhood in the City of Kitchener, for the development of a new residential building lot. The property is municipally addressed as 709 Glasgow Street and is hereinafter referred to as the ȏ²´¡©¤¢³ ¯±®¯¤±³¸Ȑȁ 4§¤ ²´¡©¤¢³ ¯±®¯¤±³¸ ¨² ¢®¬¯±¨²¤£ ®¥ ®¤ ͻǾͻͷ ¬Ο Ȩ͵ȁͻͻ §¤¢³ ±¤ȩ ¯ ±¢¤« ¥±®³¨¦ onto Glasgow, which is illustrated on Figure 1 Location & Neighbourhood Context. The property contains an existing 2 story single-detached residential dwelling towards the rear of the property that ¶ ² ¡´¨«³ ¨ ³§¤ Ͷ;ͼ͵Ȍ²ȁ The Owners are looking to sever the subject property creating one (1) new residential lot and retaining one (1) residential lot. The proposed severance would create a lot that has approximately 20 metres of frontage onto Glasgow Street, and would be 2,581m² (0.26 hectares) in size. Both lots would be appropriately serviced by municipal water and wastewater treatment systems. The retained lot would have approximately 25 metres of frontage onto Glasgow Street and would be 4043 m² (0.40 hectares) in size. A Pre-Submission Consultation was held on September 30, 2021 which confirmed requirements for submission of a complete application include the following: A Planning Opinion that addresses policy conformity; compatibility with surrounding lot sizes and neighbourhood character to justify compatibility; setbacks and limits of development; impacts; preliminary servicing; confirmation of good planning; Tree Management Plan; Applications for Consent and Minor variance. Accordingly, in support of the application we have included the following: Planning Opinion Report including analysis of Neighbourhood compatibility and demonstration of how the proposal meets the Four Tests of a Minor Variance. One (1) copy of each of the Consent to Sever and Minor Variance Applications, completed, signed and commissioned in PDF Format; 0« ¨¦ *´²³¨¥¨¢ ³¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 1 Page 363 of 479 Page 364 of 479 One (1) cheque in the amount of $4300 made payable to the City of Kitchener; One (1) cheque one (1) cheque in the amount of $650, made payable Regional Municipality of Waterloo (provided directly to Region of Waterloo); One (1) copy of the Severance Sketch, prepared by Van Harten Surveying Inc., dated December 14, 2022; Arborist/Tree Saving Report, prepared by MHBC Planning, dated September 13, 2022. 0« ¨¦ *´²³¨¥¨¢ ³¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 2 Page 365 of 479 2.0 CONTEXT 2.1 Site The subject property at 709 Glasgow Street is compri sed of one 6,624m² (0.66 hectare) parcel fronting onto Glasgow Street within the Westmount Planning Area of the City of Kitchener. The subject property is located on the south side of Glasgow Street, between Fischer Hallman Road and Westmount Road West. The subject property is legally described as Part of Lot 44, Registered Plan 793. The subject property contains the existing 2 story single-detached residential dwelling built in 1976 that is located near the back of the lot. The house is situated at the top of a gentle upward slope and there is a relatively flat, grassed front lawn area with a mature tree stand screening the house from street view and as well there are many trees along the perimeter and to the rear of the existing house. There is an existing driveway at the eastern limits of the property that circles in front of the house. It is intended that this driveway entrance will service the newly created lot and a new driveway and entrance will be created to serve the existing residential dwelling. The proposed single detached dwelling will be situated directly adjacent to the existing house with a similar setback and will comply with all yard setback requirements of the Zoning Bylaw. View of Subject Property from Glasgow Street 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 3 Page 366 of 479 2.2 Surrounding Land Uses The subject property is situated within the Westmount neighbourhood in the City of Kitchener. The lands fronting Glasgow Street were historically developed with larger estate style single-detached homes on larger lots. However, some properties in the area have been developed at a greater density including developments directly north and to the east of the subject lands. Westmount Golf Course is also located on the north side of Glasgow Street across from the subject lands. The lands are well served by existing public and secondary schools, community facilities as well as active parks and natural areas. The lands are serviced by municipal water and wastewater services. The property is surrounded primarily by residential uses as illustrated in Figure 1. North: Residential Townhomes and Westmount Golf Course West: Single detached dwellings South: Residential subdivision on relatively smaller lots East: Residential lots of varying sizes 2.3 Background A Pre-submission consultation meeting was held on September 30, 2021 for which the comment record has been included as Appendix A. This report is intended to satisfy the requirements to form a complete application for the proposed severance to create a lot for single-detached residential development. 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 4 Page 367 of 479 3.0 DESCRIPTION OF PROPOSAL 3.1 Proposed Severance The application proposes to create one (1) new residential building lot, and one (1) retained residential lot with an existing dwelling. A new residential dwelling is proposed for the severed lot and the proposed building envelope has been identified on the Severance Sketch prepared by Van Harten Surveying Inc., dated December 14, 2022 and attached as Appendix B. The proposed building envelope will have sufficient space to accommodate a variety of building configurations. Figure 2 illustrates the proposed severance sketch. 3.2 Westmount Neighbourhood Compatibility The City of Kitchener encourages development that is compatible with the location, density and other characteristics of surrounding land uses. The land use compatibility of the severance needs to address the impacts of surrounding land uses and the impacts of the proposed development on surrounding land uses. As Figure 1 demonstrates, the properties forming the Westmount Planning Area are largely single- detached residential dwelling on relatively large lots that vary in width, depth, and area. The proposed severance will result in severed and retained lots that will be compatible with other residential lots in the Westmount Area. The retained and severed lots will have lot widths, areas, depths and front yard setbacks that fall within the range of the other lots within the Westmount Area. In addition, the proposed larger front yard setback from Glasgow Street is in keeping with the existing homes fronting the south side of Glasgow Street. Therefore, the introduction of a new lot and future residential dwelling will be compatible with the other lots and dwellings within the Westmount Area, and would be in keeping with the existing lot fabric, in terms of lot width, area, and depth. The same will be true of the retained lot. 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 5 Page 368 of 479 4.0 SUMMARY OF TECHNICAL STUDIES 4.1 Tree Management A Tree Inventory, Management and Protection Plan was prepared by MHBC Planning in September 2022 to identify and map existing trees on the subject property in relation to all existing buildings, structures, and hard surfaces. The plan shows the extent of the tree crowns and identifies those trees that are unhealthy and/or should be removed for proposed construction purposes. In this regard, no significant or endangered species were identified on the property. All trees adjacent to the proposed building site will be protected and retained as per the Tree Protection Recommendations. The tree management plan surveyed a total of 211 trees located largely on the severed lands and included trees along easterly property limit and within the property located directly to the east. It was determined that a total of thirty-six (36) trees will require removal on the proposed severed lands within the area proposed for the building footprint of the new dwelling. The remaining 175 trees, in addition to trees located on the retained parcel and the adjacent property directly to the east will be preserved. The tree species slated for removal include Black/Domestic Cherry, Sugar Maple, Ash and American Beech. A number of trees along the easterly property limit in the vicinity of the proposed building envelope will be removed to facilitate construction however, the existing trees on the neighbouring property to the east coupled with additional plantings that will occur as part of the landscaping proposed to accompany the development are intended to supplement the tree removals and thereby maintain, buffering and privacy for the existing adjacent residential properties to the east and south of the subject lands. Figure 2 illustrates the proposed severance sketch as well as the trees that are proposed to be removed to accommodate the new single-detached dwelling. 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 6 Page 369 of 479 P1 & MEAS 1 & MEAS P 54.864 N64°45'35"E N P1 & MEAS 3P P1 & MEAS P1 & MEAS 1 N64°45'35"E3 °& 45.699 3 64°45'35"E N 2 9.214 . M 05 7 ' E 5 4 A 8 0 S " . W 6 25.520.1 5 . 0 Front Yard (4.5m) Garage (6.0m) Proposed 0 . 3 Driveway Existing Driveway 7 . Severed 3 Lot Area N 3 (2,581.4m²) P 8 2 ° & 4 M 9 E ' 3 A 5 S " W N 3 P 2 1 ° & 1 M 9 Retained 'E 4 A 5 S " W Lot Area 1 I n (4,043.1m²) 0 t e 4 r i o . r 5 S i d e Y a r d 0 .( 3 3 . 0 m ) Proposed Driveway y a w e v i r D . x E 5 . 3 0 . 2 1 0 . 3 0 . 3 d e s o 0 . p 3 o r P g n i e s d ul i o H u P . 1 x B E 2 2 & e 8 p M o l. 2 4 e E v 8 4 n A E 5 S . 0 ² 1 m 2 8 6 8 .2 1 0 5 2 6 5 P . 1 9 ( 3 C 8 A L C ) 6 .I 1 n t e r i o r S i d e Y a r d ( 3 . 0 m ) 2 . 4 23.3 2 ear Yard (7.5m) R 7.5 4.6 3 5.7 2 0.336 6 1,P2 & MEAS P 0.248 P2 & MEAS 60.584 64°41'10"E N P1,P2 & MEAS P3 & MEAS Page 370 of 479 5.0 PLANNING ANALYSIS This section demonstrates that the proposed severance is consistent with and conforms to the applicable Provincial, Regional, and Municipal planning regulatory frameworks. The following sections provide justification as to how the proposed severance, is consistent with the 2020 Provincial Policy Statement, conforms to the policies of A Place to Grow, the Regional Official Policies Plan, and is consistent with the City of Kitchener Official Plan and Zoning By-law. The severed and retained parcels would front onto an existing, and established open road, and no new road is required. Additionally, the following will provide justification as to how the proposed applications and development conform to the provisions of Section 53(1) of the Planning Act. 5.1 Provincial Policy Statement 4§¤ 0±®µ¨¢¨ « 0®«¨¢¸ 3³ ³¤¬¤³ Ȩͷ͵ͷ͵ȩ Ȩ§¤±¤¨ ¥³¤± ±¤¥¤±±¤£ ³® ² ³§¤ ȏ003Ȑȩ ¯¯«¨¤² ³® ¯« ¨¦ decisions made on or after May 1, 2020. As a result, the 2020 PPS is applicable to the proposed severance of the subject property. The PPS is a consolidated statement of the govern¬¤³Ȍ² ¯®«¨¢¨¤² ® « £ ´²¤ ¯« ¨¦ȁ )³ ¦¨µ¤² provincial policy direction on key land use planning issues that affect communities, such as the efficient use and management of land and infrastructure, or the provision of sufficient housing to meet changing needs, among others. The PPS policies relevant to the proposal and subject property have been reviewed and analyzed as part of this analysis. Policy 1.1.1 of the PPS states that healthy, liveable and safe communities are sustained by: a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b)accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e)promoting the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 7 Page 371 of 479 development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs; f)improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h)promoting development and land use patterns that conserve biodiversity; and i)preparing for the regional and local impacts of a changing climate. The proposal supports these objectives by: Contributing to efficient development and land use patterns through the intensification of land that located within a settlement area; Contributing to the range and mix of residential uses in the Westmount neighbourhood; and Providing residential intensification and the efficient utilization of land, thereby, promoting cost-effective development patterns which would help sustain the financial well-being of the City of Kitchener. Policy 1.1.3.1 states that settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. The subject property is located within a Settlement area. Policy 1.1.3.2 states that land use patterns within settlement areas shall be based on densities and a mix of land uses which a)efficiently use land and resources; b)are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; c)minimize negative impacts to air quality and climate change, and promote energy efficiency; d)prepare for the impacts of a changing climate; e)support active transportation; f)are transit-supportive, where transit is planned, exists or may be developed; and g)are freight-supportive The proposed development will provide for an efficient use of land and resources by intensifying a property which has the capacity to accommodate residential uses in an established settlement area. The proposed uses will be connected to public water and sanitary services. 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 8 Page 372 of 479 In addition, the subject property is located on a municipal road and does not require extensive alteration to the site to function as intended. There are no anticipated negative impacts to air quality and climate change expected. Policy 1.1.3.4 states that appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form. The proposed severance would provide for intensification of a site which has the capacity to accommodate such uses. Section 1.4 provides the policy framework related to housing. Policy 1.4.1 states that, in order to provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area, planning authorities shall: a) maintain at all times the ability to accommodate residential growth for a minimum of 15 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and b) maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered ¯« ²ȁȐ The proposed severance would contribute to the range and mix of housing types and densities through the residential intensification and redevelopment of the proposed new lot. The subject property is located within a designated Built up area. According to the City of Kitchener Official Plan, the City encourages the provision of new dwelling units in built-up areas. The proposed severance would contribute to the range and mix of housing types and densities, thereby: helping to reach targets for the provision of housing; providing additional housing and residential intensification; and, providing efficient use of land in an area that is well served by existing public infrastructure. The proposed severance is consistent with the 2020 Provincial Policy Statement. 5.2 A Place to Grow - Growth Plan for the Greater Golden Horseshoe A Place to Grow came into effect on August 26, 2020. This Plan is the framework for implementing the 0±®µ¨¢¨ « '®µ¤±¬¤³Ȍ² ¨¨³¨ ³¨µ¤ ³® ¯« ¥®± ¦±owth and development in a way that supports the economic prosperity, protects the environment, and helps communities achieve a high quality of life. The preamble of the Growth Plan sets out those areas where intensification should occur, prioritizing 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 9 Page 373 of 479 settlement areas and more particularly within settlement areas, growth will be focused in delineated built-up areas. In this regard, the subject lands are within a delineated built-up area. The 2020 Growth Plan is designed to help manage growth so communities in the Greater Golden Horseshoe can develop in ways that expand economic opportunity, increase housing supply and protect jobs while maintaining protections for the Greenbelt, agricultural lands, the agri-food sector and cultural and natural heritage systems. The policies of the Growth Plan centre on the key themes of directing the vast majority of growth to settlement areas and delineated built-up areas, and among other things: the provision of a sufficient housing supply that reflects market demand and what is needed in local communities; and, a healthy mix of residential and employment land uses. The guiding principles of the Plan include, for example: Supporting the achievement of complete communities; Prioritizing intensification and higher densities in strategic growth areas; Supporting a range and mix of housing options, including second units and affordable housing; Improving the integration of land use planning with planning and investment in infrastructure and public service facilities; Providing for different approaches to manage growth that recognize the diversity of communities in the GGH; Protecting and enhance natural heritage, hydrologic, and landform systems, features, and functions; and Conserving and promoting cultural heritage resources to support the social, economic, and cultural well-being of all communities, including First Nations and Métis communities. Better use of land and infrastructure can be made by directing growth to settlement areas and prioritizing intensification. The subject property is located within a settlement area and more specifically a delineated built-up area; The proposed consent application will result in a new residential building lot capable of supporting new residential development (i.e. a unit) in a designated built up area with approved zoning and designation in an official plan that permits this type of development. Therefore, the proposed severance conforms to A Place to Grow 5.3 Regional of Waterloo Official Plan The Regional Official Plan (ROP) was approved by the Ministry of Municipal Affairs and Housing (MMAH) with modifications on December 22, 2010, and approved, with amendments, by the Ontario Municipal Board on June 14, 2015. The ROP was processed as a municipal comprehensive ±¤µ¨¤¶ £ ±¤¯±¤²¤³² ³§¤ 2¤¦¨®Ȍ² ¢®¥®±¬¨³¸ ¤·¤±cise with respect to the 2006 Growth Plan for ³§¤ '±¤ ³¤± '®«£¤ (®±²¤²§®¤ȁ !² ®¥ ³®£ ¸Ȍ² £ ³¤Ǿ ³§¤ 2¤¦¨® ¨² ´£¤±³ ª¨¦ -´¨¢¨¯ « 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 10 Page 374 of 479 #®¬¯±¤§¤²¨µ¤ 2¤µ¨¤¶ ¯±®¢¤²² ³® ¨¬¯«¤¬¤³ ! 0« ¢¤ ³® '±®¶³§ ȟ '±®¶³§ 0« Ȩͷ͵ͷ͵ȩ £ ³§¤ Provincial Policy Statement (2020). In 2003, Regional Council adopted the Regional Growth Management Strategy (RGMS) which provides a common vision for the future growth of Waterloo Region. As part of the RGMS, the Region has been planning in an integrated, cross-departmental way to meet the needs of a growing population. Through the adoption of the RGMS, Regional Council identified reurbanization as a cornerstone to the sustainable growth of this community. The intent of reurbanization is to direct new residential and non-residential development into targeted areas within the built-up area to slow the rate of expansion into the peripheral greenfield lands. In doing so, the community can make better use of existing urban people to live and work and by improving access to essential human services and programs. #§ ¯³¤± ®¥ ³§¤ 2/0 ¯±®µ¨£¤² ¯®«¨¢¸ £¨±¤¢³¨® ¶¨³§ ±¤²¯¤¢³ ³® ȏ,¨µ¤ ¡¨«¨³¸Ȑ ¨ 7 ³¤±«®® 2¤¦¨®ȁ 4§¤ proposed severance is subject to the Range and Mix of Housing policies (Policies 3.A) of the ROP. Specifically, 3.A.3 The Region encourages Area Municipalities to permit, wherever appropriate, individual lot intensification, such as secondary apartments and garden suites in residential neighbourhoods, where health, safety, servicing and other reasonable standards or criteria can be met. The proposed severance and minor variance would permit the development of a new residential unit, thereby, intensifying an individual lot in an existing residential neighbourhood. The proposed severance conforms to the Regional Official Plan, 2015. 5.4 City of Kitchener Official Plan The City of Kitchener Official Plan was adopted in 2014 through the approval of Official Plan Amendment 103. The 2014 Official Plan establishes a community structure and identifies the subject lands as being within Community Area in the Urban Structure of the City of Kitchener. Residential development is permitted within Community Areas as per Section 3.C.2.50. Policy 3.C.2.51 provides that areas within the Community Area structure will include Low Rise Residential land uses and further Policy 3C2.52 provides that limited intensification may be permitted within Community Areas subject to being sensitive and compatible with the character, form and planned function of the surrounding context. The lands are designated Low Rise 2¤²¨£¤³¨ « ² ¨£¤³¨¥¨¤£ ® - ¯ ®¥ ³§¤ #¨³¸Ȍ² /¥¥¨¢¨ « 0« ȁ The following relevant policies apply to the subject lands: 15.D.3.9. The City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form; 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 11 Page 375 of 479 15.D.3.10. The maximum net residential density for lands which are designated Low Rise Residential will be 30 units per hectare; 15.D.3.11. A maximum Floor Space Ratio of 0.6 will apply to all development and redevelopment. Site-specific increases to allow up to a maximum Floor Space Ratio of 0.75 may be considered where it can be demonstrated that the increase in the Floor Space Ratio is compatible and meets the general intent of the policies in this Plan. An Official Plan Amendment will be required to consider an increase in the Floor Space Ratio greater than 0.75; 15.D.3.12. No building will exceed 3 storeys or 11 metres in height, at the highest grade elevation. Relief from the building height may be considered for properties with unusual grade conditions and for buildings and/or structures with increased floor to ceiling heights and architectural features provided the increased building height is compatible with the built form and physical character of the neighbourhood; 15.D.3.13. Notwithstanding Policy 15.D.3.12, a maximum building height of 4 storeys or 14 metres, at the highest grade elevation, whichever is the lesser, may be permitted on lands having primary frontage on to a Regional Road or City Arterial Street; 15.D.3.14. The predominant land use within the Low Rise Residential designation will be residential but it is intended that complementary non-residential land uses may be permitted to locate within this designation subject to any locational criteria and the appropriate zoning being in place. The proposed development meets the density, height and use provisions as per Section 15 of the Official Plan. In addition, Section 17.E.20.5 provides that: Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 12 Page 376 of 479 g)a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h)the lot(s) will not restrict the ultimate development of adjacent properties. In this regard, the proposed lot will comply with zoning regulations except for lot width on the newly created severed lands and accordingly a minor variance application has been submitted concurrently with the consent application to address this minor deficiency. The proposed new lot reflects the overall character of the surrounding neighbourhood as illustrated in Figure 1. The lots will have frontage on a public street where municipal water and sanitary services are available, a Plan of Subdivision is not appropriate for the scale of development and the lot configuration will not restrict development on adjacent properties. In addition, Section 8 of the CityȌ² /¥¥¨¢¨ « 0« ¯±®µ¨£¤² ¯®«¨¢¸ £¨±¤¢³¨® ³® ¯±®³¤¢³Ǿ ¬ ¦¤ £ enhance the urban forest through best management practices which are economically, ecologically, socially desirable. In this regard, a Preliminary Tree Management plan has been prepared which surveyed 211 trees located largely on the newly created severed parcel recommends removal of a total of 36 trees which are located primarily in the vicinity of the building envelope area including 5 trees in the area proposed to accommodate a new driveway access to the existing dwelling located on the proposed retained lands. There are additional trees located on the proposed retained lands at the rear of the property and along the westerly perimeter of the property limits which will not be impacted by the proposed development. Consideration has been given to maintaining as many trees as possible in addition to retaining existing screening and views for lands located to the east and south. Specifically Policy 8.C.2.6 speaks to encouraging new development to protect and conserve existing healthy trees in accordance with Urban Design policies. In this regard, the tree removals have been minimized as much as possible to reduce adverse impacts to existing trees on adjacent properties to the east and south and to maintain existing building setbacks from the street such that street views and buffering of adjacent lands are protected. Further, Policy 8.C.2.16 requires preparation of a Tree Management Plan. In this regard, a Preliminary Tree Management Plan has been prepared which justifies the removal of 36 trees to accommodate the proposed building envelope and new driveway location. The plan will be further refined in conjunction with the final grading and drainage plan prior to building permit issuance in order to protect the balance of trees and respect existing buffers and maintain appropriate tree coverage with potential for tree replacement where deemed appropriate. Accordingly, the proposed development will meet all the requirements of the City of Kitchener Official Plan. 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 1 3 Page 377 of 479 5.5 The Planning Act, R.S.O. 1990 Section 53 (1) of the Planning Act R.S.O. 1990 states that: ! ®¶¤± ®¥ « £ ®± ³§¤ ®¶¤±Ȍ² ¦¤³ £´«¸ ´³§®±¨¹¤£ ¨ ¶±¨³¨¦ ¬ ¸ ¯¯«¸ ¥®± ¢®²¤³ ² defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. 1994, c. 23, s. 32. Section 53(12) of the Planning Act R.S.O. 1990 states that when determining whether provisional consent should be given, regard shall be had for the matters under Section 51(24). As such, the proposed new lots have regard for the following matters: Criteria Response (a) the effect of development of the proposed The effect of the proposed consent application will not subdivision on matters of provincial interest as have a negative impact on matters of provincial referred to in section 2; interest as identified in Section 2 of the Planning Act. (b) whether the proposed subdivision is The proposed consent application is not premature, as premature or in the public interest; the subject property is located within the Built Up Area of the City of Kitchener where infill development is encouraged. Further, the subject property is designated in the Official Plan as Low Rise Residential which permits density to a maximum of 30 units per hectare. The proposed development meets this criteria. (c) whether the plan conforms to the official The proposed consent application conforms to the plan and adjacent plans of subdivision, if any; policies of the City of Kitchener Official Plan and would permit a similar urban form to the adjacent and neighbouring properties within the existing neighbourhood. (d) the suitability of the land for the purposes The subject lands are located within the City of for which it is to be subdivided; Kitchener Built Up Area and are designated and zoned for low rise residential use. Therefore, the lands are suitable for the purpose for which they are to be severed. (d.1) if any affordable housing units are being .®³ ¯¯«¨¢ ¡«¤ ȟ !¥¥®±£ ¡«¤ §®´²¨¦ ´¨³² ±¤ ®³ proposed, the suitability of the proposed units proposed as part of these planning applications. for affordable housing; (e) the number, width, location and proposed .®³ ¯¯«¨¢ ¡«¤ ȟ .¤¶ ±® £s are not required or grades and elevations of highways, and the proposed as part of these planning applications. adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; (f) the dimensions and shapes of the proposed The proposed lot is of a size that will allow for a single lots; detached house similar in scale to those in the surrounding neighbourhood. The frontage of the 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 14 Page 378 of 479 resulting retained lot will be in compliance with the #¨³¸Ȍ² :®¨¦ "¸ȃ« ¶Ǿ £ ³§¤ «®³ ²§ ¯¤ £ ²¨¹¤ ±¤ appropriate and compatible with the neighbourhood and surrounding properties. The newly created lot will not meet the lot width requirements of the zoning bylaw and accordingly a minor variance is required and will be applied for simultaneously with the consent application. (g) the restrictions or proposed restrictions, if There are no conflicting restrictions on the severed or any, on the land proposed to be subdivided or retained lots. the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; (h) conservation of natural resources and flood The lands do not contain any identified or protected control; natural heritage resources. A Tree Management Plan has been prepared in support of the severance application, and is submitted concurrently with this application. The lands are outside of the floodplain, and are not located within the Grand River Conservation !´³§®±¨³¸Ȍ² ±¤¦´« ³¤£ ±¤ ȁ (i) the adequacy of utilities and municipal The subject property is located within the City of services; Kitchener and have access to full municipal water and wastewater services. (j) the adequacy of school sites; There are adequate school facilities to accommodate and additional residential dwelling unit. (k) the area of land, if any, within the proposed .®³ ¯¯«¨¢ ¡«¤ ȟ .® « £ ¨² proposed to be conveyed subdivision that, exclusive of highways, is to be for public purposes as part of these planning conveyed or dedicated for public purposes; applications. The proposed severances will allow for infill and Ȩ«ȩ ³§¤ ¤·³¤³ ³® ¶§¨¢§ ³§¤ ¯« Ȍ² £¤²¨¦ intensification within an existing Built-Up area, optimizes the available supply, means of supplying, efficient use and conservation of thereby resulting in an efficient use of land. energy; and .®³ ¯¯«¨¢ ¡«¤ ȟ ³§¤ ¯±®¯®²ed type of development (m) the interrelationship between the design of the proposed plan of subdivision and site plan does not require site plan approval. control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2). The proposed severance conforms to the policies of the City of Kitchener Official Plan and the Regional /¥¥¨¢¨ « 0« Ǿ £ ³§¤ ¯±®¯®²¤£ «®³ ¢®¥¨¦´± ³¨® ¨² ¨ ¢®¬¯«¨ ¢¤ ¶¨³§ ³§¤ ±¤°´¨±¤¬¤³² ®¥ ³§¤ #¨³¸Ȍ² Zoning By-law. The severed and retained parcels have frontage on an existing open road and no new 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 15 Page 379 of 479 road or widening will be required for the proposed severance; and, the proposed severance conforms to Part VI (Subdivision of Land), Section 53(1) (Consents) of the Planning Act. 5.6 City of Kitchener Zoning By-law 2019-051 The City of Kitchener Zoning By-law 2019-051 is currently in force and effect and regulates the use of land and provides regulations for the location of buildings and structures, building height, density, parking facilities and landscaping to ensure orderly development within the City of Kitchener. 4§¤ ²´¡©¤¢³ ¯±®¯¤±³¸ ¨² ¹®¤£ 2¤²¨£¤³¨ « /¤ Ȩ2%3ȃͶȩȁ 4§¤ ¨³¤³ ®¥ ³§¤ 2%3 ȟ Ͷ ¹®¤ ¨² ³® ¯¤±¬¨³ primarily single and duplex residential uses with accessory buildings or structures. The proposed severance would result in one new residential building lot. A new single-detached residential dwelling would be a permitted use on the new residential lot. The following table illustrates compliance with the performance standards of the City of Kitchener Zoning Bylaw 2019-051 for the proposed severed and retained lots. Notwithstanding the minimum zoning requirements, the proposed lot would provide sufficient space to allow for a home to be built in a similar scale/size as those in the surrounding neighbourhood. The proposed building lot is of sufficient size such that all of the setbacks can be achieved and still leave a building envelope large enough to accommodate a home similar to those in the surrounding neighbourhood. A minor variance is required to accommodate a reduced lot width from the 24 metre requirement to 20 metres on the proposed severed lot (Parcel B). Table 1 - Zoning Compliance Table (Zoning Bylaw 2019-051) Residential One (RES-1) Zoning By-law Severed Lot Retained Lot Regulations Requirement Parcel B Parcel A 222 Minimum Lot Area 929 m 2,581 m 4,043 m Minimum Lot Width 24 m 20 m 25 m 6 m Minimum Front Yard +-75 m +-75 m 4.5 m (to garage) Maximum Building Height 11.0 m 9 m 9 m Minimum Interior Side Yard 3.0 m3.6 3.0 m +-30 m Minimum Rear Yard 7.5 +-24 m Maximum Lot Coverage 55% 9% 5% Maximum Number of 3 2 2 Storeys *Denotes minor variance required 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 16 Page 380 of 479 5.7 Four Tests of Minor Variance 1.Is the general intent and purpose of the Official Plan maintained? 4§¤ ²´¡©¤¢³ ¯±®¯¤±³¸ ¨² £¤²¨¦ ³¤£ ² ȏ,®¶ 2¨²¤ 2¤²¨£¤³¨ «Ȑ ¶¨³§¨ ³§¤ #¨³¸Ȍ² /¥¥¨¢¨ « 0« Ȩ/0ȩȁ 4§¤ purpose of the Community Areas designation and further Low Rise Residential classification permits limited intensification provided the proposed development is sensitive and compatible with the character, form and planned function of the surrounding context. Additional policy analysis is provided under Section 4.4 above. The proposed development will meet all the Low Rise Residential policy requirements for use, density, Floor Space Ratio and height as provided by Section 15 of the Official Plan and additionally meets the Consent policies contained in Section 17 of the Official Plan. The proposed variances would allow for modest intensification and infilling in an existing established neighbourhood that contains a variety of low rise residential dwelling built forms. A number of smaller lot sizes have been created within close proximity to the subject lands and the proposed development is in keeping with the existing neighbourhood character. Therefore, it is our opinion that requested variance for lot width reduction for the severed lands only maintain the general intent and purpose of the Official Plan. 2.Is the general intent and purpose of the Zoning By-law maintained? The proposed variance requests a reduction in the lot width from 24 metres to 20 metres for Part B only (severed parcel as illustrated on Figure 2). All other requirements of the Zoning By-law are being maintained and the newly created lot will have 2581 square metres of lot area while the required lot area for Residential Two (R-2) Zone is 929 square metres. The retained parcel will have 4043 square metres. A complete zoning analysis is provided in Table 1 under Section 4.5 above. In addition, adequate space to provide a new driveway and parking can be provided on both the severed and retained lands in accordance with zoning by-law requirements. As such, it is our opinion that the requested variance would maintain the general intent and purpose of the zoning by-law by providing infill development that is consistent with existing development patterns in the area. 3.Is the variance appropriate for the development of the land? The variance is required to facilitate the creation of a new infill lot for single-detached residential use and the retention of the existing residence on a lot that more than meets the size requirements of the zoning bylaw and is in keeping with land development in the adjacent neighbourhood. In our opinion, the variance is appropriate for the development of the lot, as there are no adverse impacts anticipated and all other requirements of the bylaw are complied with and the proposed infill and minor intensification implements the Provincial Policy and A Place to Grow objectives of intensification within the Built-Up area. 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 17 Page 381 of 479 4.Is the variance minor? The variance request for a reduction in the lot width for Parcel B (retained parcel) is illustrated on the Severance Sketch prepared by Van Harten Surveying Inc., dated December 14, 2022. The proposed reduction in lot width will allow for the creation of a new lot that is larger than typical for the Westmount Planning Area and will adequately permit the addition of a new driveway to service the existing house while the existing driveway will be reconfigured to serve the new lot. All other yard requirements are being maintained. The minor variance has the effect of reducing the lot width from 24 metres to 20 metres on the severed lands (Parcel B) only. This minor reduction required to facilitate the severance is: 1.Similar to lot patterns in the neighbourhood; 2.Allows for maintenance of existing trees that provide buffering and visual screening from Glasgow Street in addition to neighbouring property owners to the south and east of the proposed lot. Accordingly, the impact of the variance, if any, is considered minor. It is our opinion that the variance is minor. 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 18 Page 382 of 479 6.0 CONCLUSIONS The purpose of this planning report was to evaluate the proposed severance of the subject property in the context of existing land use policies and regulations, including the Provincial Policy Statement, A Place to Grow, the Region of Waterloo Official Plan, the City of Kitchener Official Plan, the City of Kitchener Zoning By-law and the Planning Act. The proposed severance and minor variances would result in the creation of one new and one retained lot with lots that are compatible with the other lots forming the Westmount Planning Area in the City of Kitchener. It is our opinion that the proposed severance will result in a lot that is appropriate and compatible for the area, and that the proposed severance represents good planning. This opinion is based on the following: 1.The proposed severance supports the achievement of providing for a greater range and mix of residential uses and contribute to the current and future housing needs of the City of Kitchener; 2.The proposed severance facilitates the intensification of residential land within an established residential neighbourhood in a manner that is compatible with the site and the surrounding neighbourhood; 3.The proposed severance is consistent with the Provincial Policy Statement, 2020, and conforms to A Place to Grow (Growth Plan for the Greater Golden Horseshoe) 2020; 4.The proposed severance conforms to the Regional Official Plan, 2015 and the City of Kitchener Official Plan, 2014; 5.The proposed severance complies with the performance standards of the City of Kitchener Zoning By-law 2019-051; 6.The proposed severance complies with Section 53(1) of the Planning Act, R.S.O. 1990; 7.The Tree Management Plan illustrates trees requiring removal to accommodate the proposed building envelope. No significant or endangered species are being removed and sufficient buffering/screening to adjacent residential lands to the east and south will be maintained; 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 19 Page 383 of 479 8.The proposed new residential building lot is compatible and consistent with the other lots in the Westmount Planning Area in terms of shape, lot width, area, and depth, and is in-keeping with the gradual development and lot pattern for the area and provides an appropriate opportunity for intensification in an area that is well served by public infrastructure. Respectfully submitted, MHBC _______________________ _________________________ Dan Currie, MA, MCIP, RPP Nicolette van Oyen, BES Partner Senior Planner 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 20 Page 384 of 479 Appendix B: Severance Sketch, prepared by Van Harten Surveying Inc. 0« ¨¦ /¯¨¨® 2¤¯®±³ ȟ 3¤µ¤± ¢¤ !¯¯«¨¢ ³¨® 709 Glasgow Street, City of Kitchener 22 Page 385 of 479 25.69 20.00 6 . 0 0 20.00 SCALE 1 : 400 VAN HARTEN SURVEYING INC. 1 2 8 . 4 1 9 0 3 . 3 7 1 2 5 . 9 4 7 . 3 ± 0 . 2 1 7 . 3 0 . 3 2 4 . 0 2 ± 4 . 0 ± 7 . 3 ± 0 . 2 1 8 . 1 ) L O 9 3. O P ( 7 4 . 4 24.2 2 34.46 25.88 S U R V E Y I N G I N C. Page 386 of 479 25.59 20.11 SCALE 1 : 400 VAN HARTEN SURVEYING INC. 5 . 9 1 1 2 8 . 4 1 9 0 3 . 8 0 1 2 5 . 9 4 7 . 3 ± 0 . 2 1 7 . 93 . 2 2 4 . 0 2 ± 4 . 0 ± 7 . 3 ± 0 . 2 1 7 . 1 9 3. 4 0 . 4 24.2 2 34.46 25.88 S U R V E Y I N G I N C. Page 387 of 479 SCALE 1 : 250 VAN HARTEN SURVEYING INC. P1 & MEASP1 & MEAS N64°45'35"E54.864 N P1 & MEAS 3 P1 & MEASP1 & MEASP N64°45'35"E 1 3 ° N64°45'35"E45.699 3& 9.214 2 . M 05 7' E 5 8 A 0 S " W N 3 P 8 2 ° & 4 M 9 E ' 3 A 5 S " W N 3 P 2 1 ° & 1 9 M 'E 4 A 5 S " W 5 4 . 2 2 P 1 2 3 .4 2 3 2 & 8 M . 4 E A 8 S 5 1 2 6 . 1 0 5 2 6 5 P . 1 9 ( 3 C 8 A L C ) 60.336 P1,P2 & MEAS 0.248 P2 & MEAS 60.584 N64°41'10"E P1,P2 & MEAS P3 & MEAS JEFFREY E. BUISMAN S U R V E Y I N G I N C. Page 388 of 479 Design Guidelines and Supplemental Specifications for Municipal Services, February 2022. Access Permit: Page 389 of 479 Servicing Easement/Work Permit: Environmental Noise: i.“Purchasers / tenants are advised that sound levels due to increasing road traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks. This dwelling has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP). Page 390 of 479 ii.“Purchasers / tenants are advised that sound levels due to increasing traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP).” iii.“Warning: Region of Waterloo / Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.” “Purchasers / tenants are advised that sound levels due to increasing road traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks. This dwelling has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP). Page 391 of 479 “Purchasers / tenants are advised that sound levels due to increasing traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP).” “Warning: Region of Waterloo / Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.” Environmental Noise: Page 392 of 479 Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment. “Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks.” Page 393 of 479 “Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks.” “This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment.” Dedicated Road Widening: Page 394 of 479 Environmental Noise Study: Access Permit: Page 395 of 479 Environmental Noise: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." "Warning: Canadian National Railway Company or its assigns or successors in interest has or have 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 Page 396 of 479 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." "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the Page 397 of 479 sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." "Warning: Canadian National Railway Company or its assigns or successors in interest has or have rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future, including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." Page 398 of 479 Page 399 of 479 Environmental and Stationary Noise: Site Plan (advisory): Page 400 of 479 Page 401 of 479 Page 402 of 479 Page 403 of 479 Page 404 of 479 Page 405 of 479 Page 406 of 479 Page 407 of 479 Page 408 of 479 Page 409 of 479 Preliminary Page 410 of 479