HomeMy WebLinkAboutCA Agenda - 2020-02-18COMMITTEE OF ADJUSTMENT
UNFINISHED BUSINESS AGENDA
February 18, 2020 - 10:00 a.m.
CONSENT APPLICATIONS:
1. Submission Nos.: B 2020-001 to B 2020-004
Applicant: WAM Fischer -Hallman G.P. Inc.
Property Location: 1250, 1270 & 1314 Fischer Hallman Road
Legal Description: Lot 4 and Part of Lot 2, Plan 1471
Permission to sever 3 parcels of land, Lots 1 and 3 on the plan submitted with the application
are intended for future development and Lot 4 is intended to be deemed open space. The
retained land Lot 2 on the plan submitted with the application is also intended for future
development. Permission is also being requested to grant easements to facilitate the future
development over the three severed parcels for access, servicing and stormwater purposes.
Permission will also be required to grant an easement over Lot 4 (open space) for the purpose
of stormwater management. The dimensions of the lots are approximately proposed as
follows..
B 2020-001 - Lot 1 on the plan submitted with the application (Corner of Fischer -Hallman Road
and Bleams Road)
Frontage: 74.5m
Area: 0.794 hectares
B 2020-002 - Lot 2 on the plan submitted with the application
Frontage: 207.4m
Area: 3.195 hectares
B 2020-003 - Lot 3 on the plan submitted with the application (irregular in shape)
Frontage: 39.3m
Area: 1.903 hectares
B 2020-004 - Lot 4 on the plan submitted with the application
Frontage: 11.27m
Area: 0.792 hectares
THE CITY OF KITCHENER Kitchener City Hall
COMMITTEE OF ADJUSTMENT 200 King St w
NOTICE OF HEARING Box 1118
Kitchener ON N2G 4G7
Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594
As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca
TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY,
February 18, 2020, commencing at 10:00 a.m. in the Council Chamber, 211d Floor, Kitchener City
Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor
Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You
have received this notice pertaining to the application number referenced on the front of your
envelope as a courtesy. Anyone having an interest in any of these applications may attend this
meeting. Please note this meeting is open to the public and may be recorded.
Copies of written submissions and public agencies' comments are available on Friday afternoon prior to
the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using the
calendar of events, see the meeting date for more details.
APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT
A 2020-008 - 141 Whitney Place
Permission to allow retail sale of pottery supplies in an existing multi -tenant industrial building, whereas the
By-law does not permit general retail sales.
A 2020-009 - 120, 130 and 140 King Street West, 31 Young Street and 55 Duke Street West
Permission to construct a 25 -storey residential condominium development having 0.9 off-street parking
spaces/per unit rather than the required 0.95 off-street parking spaces/per unit approved through previous
Minor Variance application A 2018-078.
A 2020-010 - 25 Wellington Street North
Permission to convert an existing single detached dwelling into a duplex having 1 off-street parking space
rather than the required 2 off-street parking spaces.
A 2020-011 - 23 Forfar Avenue
Permission to construct a single detached dwelling having a side yard abutting Forfar Avenue of 4.3m rather
than the required 4.5m; and, a driveway located 7m from the intersection of Forfar Avenue rather than the
required setback of 9m.
A 2020-012 - 1333 Weber Street East
Permission to construct a mixed-use commercial residential development under Zoning By-law 85-1 in
current force and effect having a minimum off-street parking rate of 0.85 spaces/per-unit rather than the
required 1 off-street parking spaces/per-unit; 1 off-street parking space per 35 sq.m. of commercial space
rather than the required 1 off-street parking space per 27 sq.m. of commercial space; to permit residential
visitor parking to be shared with the commercial parking rather than providing 20% of all required residential
parking to be identified as visitor; and, permission under Zoning By-law 2019-051 to have a minimum off-
street parking rate of 0.85 parking spaces/per-unit rather than the required 0.9 off-street parking spaces per-
unit. The existing hotel is proposed to be demolished.
A 2020-013 - 544 Bridgeport Road
Permission to construct a 5 -storey mixed-use residential institutional building having a height of 17.4m rather
than the permitted maximum height of 13.5m.
Page 1 of 3
A 2020-014 - 2121 Hidden Valley Crescent
Permission to construct a cabana in the rear yard of a single detached dwelling having a maximum height of
the underside of the fascia of 3.6m rather than the permitted maximum underside of the fascia of 3m.
B 2020-005 and B 2020-006 - 826 Frederick Street
Permission to sever 2 parcels of land and retain 1 parcel containing townhouse dwellings so each lot can be
dealt with separately. The dimensions of the lots are approximately proposed as follows:
B 2020-005 — Severed Lot 1 on the plan submitted with the application
Width: 7.29m
Depth: 27.334m
Area: 199.7 sq.m.
B 2020-006 - Severed Lot 2 on the plan submitted with the application
Width: 12.522m
Depth: 27.553m
Area: 346.3 sq.m.
Permission is also being requested to grant an easement at the rear of the subject property in favour of the
retained lands identified as Severed Lot 2 on the plan submitted with the application having a width on Turner
Avenue of 0.9m and a depth of 12.519m for the purpose of access.
Retained Land
Width: 5.792m
Depth: 27.456m
Area: 158.9 sq.m.
B 2020-007 to B 2020-009 and A 2020-015 to A 2020-018 - 28 Burgetz Avenue
Permission to sever 3 parcels of land and retain 1 parcel intended for residential development of semi-
detached dwellings so each parcel can be dealt with separately. The parcel subject to the requested
provisional consent was identified as the retained land from Consent Application B 2019-020. Permission
will also be required for minor variances for all four parcels to facilitate the development. The dimensions of
the lots are approximately proposed as follows:
B 2020-007 & A 2020-015 - Lot 1 on the plan submitted with the application
Width: 6.99m
Depth: 28.59m
Area: 210 sq.m.
Minor Variances are also being requested for Lot 1 to permit a lot width of 6.99m rather than the required
7.5m; and, a lot area of 210 sq.m. rather than the required 235 sq.m.
B 2020-008 & A 2020-016 - Lot 2 on the plan submitted with the application
Width: 6.99m
Depth: 28.59m
Area: 197 sq.m.
Minor Variances are also being requested for Lot 2 to permit a lot width of 6.99m rather than the required
7.5m; and, a lot area of 197 sq.m. rather than the required 235 sq.m.
Page 2 of 3
B 2020-009 & A 2020-017 - Lot 3 on the plan submitted with the application
Width: 6.87m
Depth: 28.59m
Area: 203 sq.m.
Minor Variances are also being requested for Lot 3 to permit a lot width of 6.87m rather than the required
7.5m; and, a lot area of 203 sq.m. rather than the required 235 sq.m.
Retained Land & A 2020-018 - Lot 4 on the plan submitted with the application
Width: 6.61 m
Depth: 28.59m
Area: 199 sq.m.
Minor Variances are also being requested for the retained land to permit a lot width of 6.61 m rather than the
required 7.5m; and, a lot area of 199 sq.m. rather than the required 235 sq.m.
• additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King
Street West, Kitchener (519-741-2200 ext.7594).
• copies of written submissions/public agencies' comments are available on Friday afternoon prior to the
meeting on the City of Kitchener website www.kitchener.ca in the calendar of events, see the meeting
date for more details.
• anyone having an interest in any of these applications may attend this meeting.
• a person or public body that files an appeal of a consent decision of the Committee of Adjustment must
make written submissions to the Committee before the Committee gives or refuses to give a Provisional
Consent otherwise the Local Planning Appeal Tribunal LPAT) may dismiss the appeal.
• any personal information received in relation to this meeting is collected under the authority s. 28(2) of
the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee
of Adjustment applications. Questions about the collection of information should be directed to Holly
Dyson at holly. dyson(a)kitchener.ca.
• if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer,
Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles
you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful
party you should make this request as the decision could be appealed by the applicant or another party.
Dated the 31st day of January 2020.
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment
THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE
OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD
ON JANUARY 31, 2020.
Page 3 of 3
Staff Repod
Development Services Department
1
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www.ki tch ener. ca
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
February 18, 2020
SUBMITTED BY:
Juliane von Westerholt, Senior Planner — 519-741-2200 ext. 7157
PREPARED BY:
Andrew Pinnell, Senior Planner — 519-741-2200 ex. 7668
WARD:
5
DATE OF REPORT:
February 12, 2020
REPORT #:
DSD -20-028
SUBJECT:
B2020-001 - B2020-004— 1250, 1270, & 1314 Fischer -Hallman Rd
Owner — WAM Fischer -Hallman G.P. Inc.
Approve subject to conditions
Figure 1: view of subject property looking southeast from Fischer -Hallman Road
REPORT
Planning Comments:
Background:
The subject applications were heard at the January 21, 2020 Committee of Adjustment meeting.
At that meeting, Planning staff walked -on an updated report, dated January 21, 2020,
recommending approval subject to conditions (the report originally circulated to the Committee,
dated January 14, 2020, was for deferral). At the meeting, the applicant protested a number of
the Region conditions. A discussion ensued and the Committee ultimately decided to defer the
application pending further discussions between the Region staff, applicant, and City staff
regarding the conditions.
On February 7, 2020, Region staff met with the applicant and his planning consultant. City
Planning staff was also in attendance. As a result of this meeting, Region staff decided to maintain
the general intent of its recommended conditions, but has consolidated conditions related to
noise, thereby requiring slightly less process (e.g., all noise agreements are now to be with the
Region only, instead of with the City and Region). Accordingly, Planning staff's report remains
substantially the same as the January 21, 2020 staff report, notwithstanding the above noted
minor changes.
Site Location and Context:
The subject property is located on the east side of Fischer -Hallman Road, at the northern gateway
to the Rosenberg Secondary Plan Area. The property does not contain any buildings. The
property is composed of 3 formerly individual properties that have been consolidated. Although
the property has three separate addresses, the property is now one lot. The owner / applicant,
WAM Fischer -Hallman GP Inc. (also known as One Properties), assembled the three properties
in order to develop them comprehensively.
The subject lands are adjacent to the main branch of Strasburg Creek and the Strasburg Creek
Provincially Significant Wetland Complex (PSW).
The lands on the west side of Fischer -Hallman Road are designated High Density Residential
within the Rosenberg Secondary Plan and are mostly undeveloped. Huron Business Park is
located to the northeast and contains a range of uses, including industrial, office, and religious
institution.
Planning staff visited the site on January 2, 2020
Zoning By-law Amendment and Appeal
In 2016, the Owner submitted a zoning by-law amendment (ZBA) to change the zoning of the
property from Business Park zones to several variations of the Medium Intensity Mixed Use
Corridor Zone (MU -2). In addition, the ZBA sought to rezone lands with environmental
significance, by protecting them with Hazard Land zoning (P-3) for their conservation. This change
would bring the zoning into conformity with the Mixed Use Two Official Plan designation of the
Rosenberg Secondary Plan.
The main purpose of the ZBA was to allow the development of the lands with a mixed-use
development concept, to be implemented through a site plan approval process. The development
concept features the following:
• First Phase (centre of site): Development of approximately 7,300 square metres (80,000
sq.ft.) of commercial floor area, including a 3,340 square metre (36,000 sq.ft.) food store
and several attached non-food retail units, and 3 stand-alone commercial buildings with
multiple tenants in each.
• Second Phase (south end of site): Development of three 10-12 storey apartment buildings
comprising 418 total dwelling units with both underground and structured parking.
• Third Phase (north end of site): Development of a 6-10 storey mixed-use building
(office/retail and residential) at the north end of the site that will be oriented to both the
Fischer -Hallman and Bleams frontages.
In September 2018, City Council approved the ZBA. However, in October 2018, the ZBA was
appealed to the Local Planning Appeal Tribunal (LPAT) by a nearby developer. A hearing was
held in August 2019 and a decision from LPAT is currently pending.
Site Plan Application
In July 2018, the owner submitted a Site Plan Application (SP) for the first phase of development,
as described above (Site Plan Application SP18/083/F/AP). The SP also includes development
of private roads into the site from Bleams Road and Fischer -Hallman Road. The site plan has
evolved positively through the application review, though it remains under review (approval in
principle has not yet been granted) pending resolution of certain technical matters, most notably
the design for the access at the south end of the site, and how this may impact building locations.
Consent Application
At this time the owner is requesting approval of the subject consent application in order to assist
in implementing the above noted vision for the site. The subject consent application would divide
the property in to 4 lots, thereby allowing other developers to own and develop different areas of
the property. The consent request application requests both the creation of lots and the
establishment of easements for common features, as follows:
1. Creation of Lots
Note: the below lot
Lot
Lot Area in
Lot
Existing
Proposed
numbers
Type
Hectares
Frontage (B
Use
Use
correspond to the
easement)
= Bleams; F
purposes only. These specific
lots shown on the
easements will be defined at a
= Fischer -
severance sketch
Hallman)
condition
Lot 1
Severed
0.794
74.5(B)
Vacant
Residential /
Easement 2
Access
2
1 and 3
Easement 3
Commercial
Lot 2
Retained
3.195
207.4 (F)
Vacant
Commercial
Lot 3
Severed
1.903
39.3 F
Vacant
Residential
Lot 4
Severed
0.792
11.3 (F)
Vacant
Natural
Easement 8
Servicing
2
1 and 3
Easement 9
Heritage
3
1 and 2
Conservation
2. Establishment of Specific Easements
Note: the below easement
Easement
Servient Lot (i.e.,
Dominant Lot(s)
numbers do not correspond to the
Purpose
the lot that is
(i.e., the lot that
severance sketch, and are
subject to the
benefits from the
provided for identification
easement)
easement)
purposes only. These specific
easements will be defined at a
later date, as an approval
condition
Easement 1
Access
1
2 and 3
Easement 2
Access
2
1 and 3
Easement 3
Access
3
1 and 2
Easement 4
Stormwater
2
1 and 3
Easement 5
Stormwater
3
1 and 2
Easement 6
Stormwater
4
1, 2, and 3
Easement 7
Servicing
1
2 and 3
Easement 8
Servicing
2
1 and 3
Easement 9
Servicing
3
1 and 2
Note that although specific easements are requested, these are to be defined as an approval
condition, at a later date, rather than as part of the initial application review.
Specific easements are necessary because the property, as a whole, when developed, is
proposed function as a unit with common facilities and services. Establishing specific easements
will ensure that when the site is divided into 4 lots, the site continues to function as a unit, despite
separate ownership of the lots.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c.P.13, Planning staff offers the following comments.
The requested consents would facilitate development that has a positive effect on matters of
provincial interest, including, for example:
• the protection of ecological systems, including natural areas, features and functions;
• the orderly development of safe and healthy communities;
• the adequate provision of a full range of housing;
• the adequate provision of employment opportunities;
• the appropriate location of growth and development;
• the promotion of development that is designed to be sustainable, to support public
transit and to be oriented to pedestrians; and
• the promotion of built form that is well-designed and encourages a sense of place.
The requested consents are not premature, are in the public interest, and conform to the City's
Official Plan. The adjacent streets are adequate to support the development that would be facilitated
through the requested consents.
In addition, based on the proposed zoning that was approved by council, but later appealed to LPAT,
the property is suitable for the purposes for which it is to be severed. Planning staff recommends a
condition to require that the proposed zoning be approved by LPAT, prior to final consent approval
and creation of the lots.
As of December 2019, the lands have access to Strasburg Creek for stormwater management
purposes, via a recently established easement over a portion of the property immediately to the south
(1340 Fischer -Hallman Road; refer to Consent Application B2019-027).
The dimensions and shapes of the proposed lots, while somewhat unconventional, would facilitate
a viable site plan concept. In addition, through the site plan application adequate utilities and
municipal services will be provided to the resultant lots. Planning staff recommends a condition to
require that the site plan application receive approval in principle and that the related Section 41
Development Agreement be registered on title, prior to final consent approval and creation of the
lots.
The requested specific easements for stormwater, access, and services will assist in ensuring orderly
functioning of the development to be facilitated on the lots to be created. Planning staff recommend
that the requested specific easements be defined / identified by way of a condition requiring
satisfactory submission of a reference plan, along with a detailed description of each easement.
Based on the foregoing and below comments received by City departments and agencies,
Planning staff recommends that the Consent Application be approved, subject to the
conditions outlined in the Recommendation section of this report.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
Natural heritage matters were identified through the zoning by-law amendment and site plan
applications. A Section 41 Development Agreement for Site Plan Application SP18/083/F/AP
should be registered on the title of all parcels created. Complete City Environmental Planning
comments were made as part of that application in memos from Barbara Steiner, dated 7 June
2019 and 30 July 2019.
These comments and conditions will apply to any part of these lands, and all parcels created.
Natural heritage concerns / commitments will be addressed through site plan conditions to be
contained within an agreement that will be registered on the title of the whole of the lands and
that will continue with title of new lots resulting from severance applications.
Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Services Comments:
As both abutting roadways fall under the jurisdiction of the Region of Waterloo, Transportation
Services has no concerns with the proposed applications.
Parks & Cemeteries Comments:
The parkland dedication requirement for this submission is deferred and will be assessed at the
current site application SP18/083/F/AP, and any future site plan applications.
Engineering Comments:
Understanding that this property will be going through a detailed site plan process, the clearance
of these conditions will be directly related to the site plan review and approval process.
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new services that may be required to service these
properties, all prior to severance approval. Our records indicate limited municipal services
available for the proposed properties. Any further enquiries in this regard the services
should be directed to Jason Brule (519-741-2200 ext. 7419).
• Any new driveways are to be built to City of Kitchener standards. All works are at the
owner's expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system complete with sanitary
sewer design sheets will be required to the satisfaction of the Engineering Division prior
to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM
etc.) with corresponding layer names and asset information to the satisfaction of the
Engineering Division prior to severance approval.
• The owner must ensure that the basement elevation of the buildings can be drained by
gravity to the street sewers. If this is not the case, then the owner shall pump the sewage
via a pump and forcemain to the property line and have a gravity sewer from the property
line to the street.
• All services will be privately owned within the parcels of land, therefore easements will be
required in favour of the parcel of land it's servicing.
Region of Waterloo Comments:
Provided under separate cover.
GRCA Comments:
1. Resource Issues
Information currently available at this office indicates that the subject lands contain erosion
hazard and its associated allowance as well as the allowance to a wetland located on an
adjacent property. A copy of our resource mapping is attached for your reference.
2. Legislative/Policy Requirements and Implications
Due to the presence of the resource features noted above, a portion of the property is
regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future
development on within the regulated area will require the prior issuance of a GRCA permit
pursuant to Ontario Regulation 150/06. The permit process involves the submission of a
permit application to this office, the review of the application by Authority staff and the
subsequent approval/refusal of the permit application by the GRCA.
As part of a recent permit approval (GRCA Permit 514/19), GRCA reviewed both a satisfactory
Environmental Impact Study and a geotechnical analysis which identified the stable top of
slope and a 6 metre access allowance. The Consent Sketch (prepared by Speight, Van
Nostrand and Gibson Ltd.) is consistent with the approved geotechnical analysis in that Lot 4
contains all of the erosion hazard, the 6 metre access allowance and the regulated area to
the wetland. It is our understanding that Lot 4 will not be developed and zoned as "Natural
Heritage Conservation". Only Lots 1 to 3 will be permitted to be developed. As noted
previously, any future development will need to conform to the Alder Creek Watershed Study
and Upper Strasburg Creek Subwatershed Plan.
3. Plan Review Fees
These consent applications were reviewed together and will only require one plan review fee.
The applicable plan review fee is the minor consent application review fee of $420.00, which
the applicant will be invoiced by copy of this correspondence.
RECOMMENDATION
A. That Consent Application B2020-001 requesting consent to:
a. create a new lot (i.e., Lot 1) with a lot width of approximately 74.5 metres
along Bleams Road and an area of approximately 0.8 hectares, and
b. create easements over Lot 1 for access and servicing,
be approved. subject to the followina conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
satisfaction of the City's Revenue Division.
2. That the owner shall provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full sized paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
3. That the dimensions and shapes of the proposed lots be in general conformity
with those shown on the Consent Sketch provided with the application form, to
the satisfaction of the City's Director of Planning.
4. That the Zoning By-law Amendment (Application # ZC17/003/F/AP) currently
under appeal as LPAT Case No. 180832 receive final approval by the Local
Planning Appeal Tribunal, to the satisfaction of the City's Director of Planning
and City Solicitor.
5. That the Section 41 Development Agreement related to the approval of Site Plan
Application SP18/083/F/AP be registered on title of the whole of the subject
lands addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the
City's Director of Planning and City Solicitor.
6. That the Owner submit and obtain approval of a functional servicing report for
the whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road,
to the satisfaction of the City's Director of Engineering Services and Region of
Waterloo.
7. That the Owner provide a draft reference plan showing the requested specific
easements, as well as a description of the purpose of the easements, rights,
privileges being granted, for registration, to the satisfaction of the City's
Director of Planning, City's Director of Engineering Services, and City Solicitor.
8. That the Owner establish blanket easements for any additional shared facilities
(e.g., parking), to the satisfaction of the City's Director of Planning and City
Solicitor.
9. That the Transfer Easement documents required to create the easements being
approved herein shall include the following and shall be approved by the City
Solicitor, in consultation with the City's Director of Planning:
a. a clear and specific description of the purpose of the easements and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost
sharing provisions related thereto);
b. a clause/statement/wording confirming that the easements being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written
consent of the City
10. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easements and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
11. That the Owner shall submit a draft copy of the proposed Transfer for the
severed parcel for review and approval, to the satisfaction of the City Solicitor.
12. That the shall owner make financial arrangements, to the satisfaction of the
City's Engineering Services, for the installation of all new service connections
(i.e., sanitary, storm, and water) to the severed and retained lands.
13. That the owner prepare a servicing plan showing outlets to the municipal
servicing system, to the satisfaction of Engineering Services.
14. That the owner prepare and submit a Development Asset Drawing (AutoCAD
format) for the site (e.g., servicing, stormwater management, etc.) with
corresponding layer names and asset information, to the satisfaction of the
City's Engineering Services.
15. That prior to final approval, the owner/applicant submit the consent review fee
of $350.00 per new lot created to the Region of Waterloo.
16. The owner/applicant enter into an agreement with the Region of Waterloo, to
submit a detailed Environmental and Stationary Noise Study prior to Site Plan
Approval, and enter into a further supplementary agreement to implement the
recommendations of the noise study.
17. Notwithstanding the above -stated condition, the owner/applicant is required to
enter into a development agreement with the Region of Waterloo to include the
following warning clause in any offers to purchase and/or rental agreements:
"Purchasers/tenants are advised of the proximity of nearby commercial,
retail/office and industrial facilities, the sound from which may at times be
audible."
18. That prior to final approval, the owner/applicant submit a final Stormwater
Management Report for review and approval by the Region of Waterloo.
19. That the Owner provide a draft reference plan showing the requested specific
easements for access, stormwater and servicing, as well as a description of the
purpose of the easements, rights, privileges being granted, for registration, to
the satisfaction of the Region of Waterloo.
20. That the Transfer Easement documents required to create the easements being
approved herein shall include the following and shall be approved by the
Region, in consultation with the City:
a. A clear and specific description of the purpose of the easements and of the
rights and privileges being granted therein (including detailed terms and/or
conditions of any required maintenance, liability and/or cost sharing
provisions related thereto);
b. A clause/statement/wording confirming that the easements being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released, or otherwise dealt with without the express written
consent of the City.
21. That the owner/applicant provide the Region a satisfactory Solicitor's
Undertaking to register the approved Transfer Easements and to immediately
thereafter provide copies thereof to the Region's Solicitor to be provided to the
Region Solicitor.
22. That prior to final approval, as recommended in the Transportation Impact Study
entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman
Road, City of Kitchener" authored by WSP (Apri12018) provide a functional
design for the proposed southerly access on Fischer -Hallman Road (interim
traffic control signal/permanent roundabout), to the satisfaction of the Region.
23. That prior to final approval, the owner shall enter into an agreement with the
Region of Waterloo to provide the functional design, approved cost estimate, and
letter of credit all to the satisfaction of the Region of Waterloo, for the Region of
Waterloo to install the interim traffic control signals at the southerly most access
of the site to Fischer -Hallman Road, and the dedication of the lands required from
the developer to implement the traffic control signal, free and clear of all
encumbrances at no expense to the Region of Waterloo;
24. That prior to final approval, the owner shall enter into an agreement with the
Region to provide the approved Preliminary Roundabout Design, approved cost
estimate, and letter of credit, all to the satisfaction of the Region of Waterloo, to
secure the funds required for the Region of Waterloo to remove the traffic control
signals at the southerly most access of the site to Fischer -Hallman Road and
install a permanent centre aligned roundabout in its place, and the dedication of
the lands required from the developer to implement the permanent centre aligned
roundabout. The Letter of Credit shall include all costs for land acquisition by the
Region (including expropriation costs) for all required lands from properties not
owned by the Developer, free and clear of all encumbrances at no expense to the
Region of Waterloo.
B. That Consent Application B2020-002 requesting consent to create easements over
the retained lot (i.e., Lot 2) for access, stormwater, and servicing, be approved,
subject to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
satisfaction of the City's Revenue Division.
2. That the owner shall provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full sized paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
3. That the dimensions and shapes of the proposed lots be in general conformity
with those shown on the Consent Sketch provided with the application form, to
the satisfaction of the City's Director of Planning.
4. That the Zoning By-law Amendment (Application # ZC17/003/F/AP) currently
under appeal as LPAT Case No. 180832 receive final approval by the Local
Planning Appeal Tribunal, to the satisfaction of the City's Director of Planning
and City Solicitor.
5. That the Section 41 Development Agreement related to the approval of Site Plan
Application SP18/083/F/AP be registered on title of the whole of the subject
lands addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the
City's Director of Planning and City Solicitor.
6. That the Owner submit and obtain approval of a functional servicing report for
the whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road,
to the satisfaction of the City's Director of Engineering Services and Region of
Waterloo.
7. That the Owner provide a draft reference plan showing the requested specific
easements, as well as a description of the purpose of the easements, rights,
privileges being granted, for registration, to the satisfaction of the City's
Director of Planning, City's Director of Engineering Services, and City Solicitor.
8. That the Owner establish blanket easements for any additional shared facilities
(e.g., parking), to the satisfaction of the City's Director of Planning and City
Solicitor.
9. That the Transfer Easement documents required to create the easements being
approved herein shall include the following and shall be approved by the City
Solicitor, in consultation with the City's Director of Planning:
a. a clear and specific description of the purpose of the easements and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost
sharing provisions related thereto);
b. a clause/statement/wording confirming that the easements being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written
consent of the City
10. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easements and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
11. That the Owner shall submit a draft copy of the proposed Transfer for the
severed parcel for review and approval, to the satisfaction of the City Solicitor.
12. That the shall owner make financial arrangements, to the satisfaction of the
City's Engineering Services, for the installation of all new service connections
(i.e., sanitary, storm, and water) to the severed and retained lands.
13. That the owner prepare a servicing plan showing outlets to the municipal
servicing system, to the satisfaction of Engineering Services.
14. That the owner prepare and submit a Development Asset Drawing (AutoCAD
format) for the site (e.g., servicing, stormwater management, etc.) with
corresponding layer names and asset information, to the satisfaction of the
City's Engineering Services.
15. That prior to final approval, the owner/applicant submit the consent review fee
of $350.00 per new lot created to the Region of Waterloo.
16. The owner/applicant enter into an agreement with the Region of Waterloo, to
submit a detailed Environmental and Stationary Noise Study prior to Site Plan
Approval, and enter into a further supplementary agreement to implement the
recommendations of the noise study.
17. Notwithstanding the above -stated condition, the owner/applicant is required to
enter into a development agreement with the Region of Waterloo to include the
following warning clause in any offers to purchase and/or rental agreements:
"Purchasers/tenants are advised of the proximity of nearby commercial,
retail/office and industrial facilities, the sound from which may at times be
audible."
18. That prior to final approval, the owner/applicant submit a final Stormwater
Management Report for review and approval by the Region of Waterloo.
19. That the Owner provide a draft reference plan showing the requested specific
easements for access, stormwater and servicing, as well as a description of the
purpose of the easements, rights, privileges being granted, for registration, to
the satisfaction of the Region of Waterloo.
20. That the Transfer Easement documents required to create the easements being
approved herein shall include the following and shall be approved by the
Region, in consultation with the City:
a. A clear and specific description of the purpose of the easements and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost
sharing provisions related thereto);
b. A clause/statement/wording confirming that the easements being
granted shall be maintained and registered on title in perpetuity and shall
not be amended, released, or otherwise dealt with without the express
written consent of the City.
21. That the owner/applicant provide the Region a satisfactory Solicitor's
Undertaking to register the approved Transfer Easements and to immediately
thereafter provide copies thereof to the Region's Solicitor to be provided to the
Region Solicitor.
22. That prior to final approval, as recommended in the Transportation Impact Study
entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman
Road, City of Kitchener" authored by WSP (Apri12018) provide a functional
design for the proposed southerly access on Fischer -Hallman Road (interim
traffic control signal/permanent roundabout), to the satisfaction of the Region.
23. That prior to final approval, the owner shall enter into an agreement with the
Region of Waterloo to provide the functional design, approved cost estimate, and
letter of credit all to the satisfaction of the Region of Waterloo, for the Region of
Waterloo to install the interim traffic control signals at the southerly most access
of the site to Fischer -Hallman Road, and the dedication of the lands required from
the developer to implement the traffic control signal, free and clear of all
encumbrances at no expense to the Region of Waterloo;
24. That prior to final approval, the owner shall enter into an agreement with the
Region to provide the approved Preliminary Roundabout Design, approved cost
estimate, and letter of credit, all to the satisfaction of the Region of Waterloo, to
secure the funds required for the Region of Waterloo to remove the traffic control
signals at the southerly most access of the site to Fischer -Hallman Road and
install a permanent centre aligned roundabout in its place, and the dedication of
the lands required from the developer to implement the permanent centre aligned
roundabout. The Letter of Credit shall include all costs for land acquisition by the
Region (including expropriation costs) for all required lands from properties not
owned by the Developer, free and clear of all encumbrances at no expense to the
Region of Waterloo.
C. That Consent Application B2020-003 requesting consent to:
a. create a new lot (i.e., Lot 3) with a lot width of approximately 39.3 metres
along Fischer -Hallman Road and an area of approximately 1.9 hectares, and
b. create easements over Lot 3 for access, stormwater, and servicing,
be approved. subject to the followina conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
satisfaction of the City's Revenue Division.
2. That the owner shall provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full sized paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
3. That the dimensions and shapes of the proposed lots be in general conformity
with those shown on the Consent Sketch provided with the application form, to
the satisfaction of the City's Director of Planning.
4. That the Zoning By-law Amendment (Application # ZC17/003/F/AP) currently
under appeal as LPAT Case No. 180832 receive final approval by the Local
Planning Appeal Tribunal, to the satisfaction of the City's Director of Planning
and City Solicitor.
5. That the Section 41 Development Agreement related to the approval of Site Plan
Application SP18/083/F/AP be registered on title of the whole of the subject
lands addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the
City's Director of Planning and City Solicitor.
6. That the Owner submit and obtain approval of a functional servicing report for
the whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road,
to the satisfaction of the City's Director of Engineering Services and Region of
Waterloo.
7. That the Owner provide a draft reference plan showing the requested specific
easements, as well as a description of the purpose of the easements, rights,
privileges being granted, for registration, to the satisfaction of the City's
Director of Planning, City's Director of Engineering Services, and City Solicitor.
8. That the Owner establish blanket easements for any additional shared facilities
(e.g., parking), to the satisfaction of the City's Director of Planning and City
Solicitor.
9. That the Transfer Easement documents required to create the easements being
approved herein shall include the following and shall be approved by the City
Solicitor, in consultation with the City's Director of Planning:
a. a clear and specific description of the purpose of the easements and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost
sharing provisions related thereto);
b. a clause/statement/wording confirming that the easements being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written
consent of the City
10. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easements and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
11. That the Owner shall submit a draft copy of the proposed Transfer for the
severed parcel for review and approval, to the satisfaction of the City Solicitor.
12. That the shall owner make financial arrangements, to the satisfaction of the
City's Engineering Services, for the installation of all new service connections
(i.e., sanitary, storm, and water) to the severed and retained lands.
13. That the owner prepare a servicing plan showing outlets to the municipal
servicing system, to the satisfaction of Engineering Services.
14. That the owner prepare and submit a Development Asset Drawing (AutoCAD
format) for the site (e.g., servicing, stormwater management, etc.) with
corresponding layer names and asset information, to the satisfaction of the
City's Engineering Services.
15. That prior to final approval, the owner/applicant submit the consent review fee
of $350.00 per new lot created to the Region of Waterloo.
16. The owner/applicant enter into an agreement with the Region of Waterloo, to
submit a detailed Environmental and Stationary Noise Study prior to Site Plan
Approval, and enter into a further supplementary agreement to implement the
recommendations of the noise study.
17. Notwithstanding the above -stated condition, the owner/applicant is required to
enter into a development agreement with the Region of Waterloo to include the
following warning clause in any offers to purchase and/or rental agreements:
"Purchasers/tenants are advised of the proximity of nearby commercial,
retail/office and industrial facilities, the sound from which may at times be
audible."
18. That prior to final approval, the owner/applicant submit a final Stormwater
Management Report for review and approval by the Region of Waterloo.
19. That the Owner provide a draft reference plan showing the requested specific
easements for access, stormwater and servicing, as well as a description of the
purpose of the easements, rights, privileges being granted, for registration, to
the satisfaction of the Region of Waterloo.
20. That the Transfer Easement documents required to create the easements being
approved herein shall include the following and shall be approved by the
Region, in consultation with the City:
a. A clear and specific description of the purpose of the easements and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost
sharing provisions related thereto);
b. A clause/statement/wording confirming that the easements being
granted shall be maintained and registered on title in perpetuity and shall
not be amended, released, or otherwise dealt with without the express
written consent of the City.
21. That the owner/applicant provide the Region a satisfactory Solicitor's
Undertaking to register the approved Transfer Easements and to immediately
thereafter provide copies thereof to the Region's Solicitor to be provided to the
Region Solicitor.
22. That prior to final approval, as recommended in the Transportation Impact Study
entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman
Road, City of Kitchener" authored by WSP (Apri12018) provide a functional
design for the proposed southerly access on Fischer -Hallman Road (interim
traffic control signal/permanent roundabout), to the satisfaction of the Region.
23. That prior to final approval, the owner shall enter into an agreement with the
Region of Waterloo to provide the functional design, approved cost estimate, and
letter of credit all to the satisfaction of the Region of Waterloo, for the Region of
Waterloo to install the interim traffic control signals at the southerly most access
of the site to Fischer -Hallman Road, and the dedication of the lands required from
the developer to implement the traffic control signal, free and clear of all
encumbrances at no expense to the Region of Waterloo;
24. That prior to final approval, the owner shall enter into an agreement with the
Region to provide the approved Preliminary Roundabout Design, approved cost
estimate, and letter of credit, all to the satisfaction of the Region of Waterloo, to
secure the funds required for the Region of Waterloo to remove the traffic control
signals at the southerly most access of the site to Fischer -Hallman Road and
install a permanent centre aligned roundabout in its place, and the dedication of
the lands required from the developer to implement the permanent centre aligned
roundabout. The Letter of Credit shall include all costs for land acquisition by the
Region (including expropriation costs) for all required lands from properties not
owned by the Developer, free and clear of all encumbrances at no expense to the
Region of Waterloo.
D. That Consent Application B2020-004 requesting consent to:
a. create a new lot (i.e., Lot 4) with a lot width of approximately 11.3 metres
along Fischer -Hallman Road and an area of approximately 0.8 hectares, and
b. create easements over Lot 4 for stormwater,
be approved. subject to the followina conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
satisfaction of the City's Revenue Division.
2. That the owner shall provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full sized paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
3. That the dimensions and shapes of the proposed lots be in general conformity
with those shown on the Consent Sketch provided with the application form, to
the satisfaction of the City's Director of Planning.
4. That the Zoning By-law Amendment (Application # ZC17/003/F/AP) currently
under appeal as LPAT Case No. 180832 receive final approval by the Local
Planning Appeal Tribunal, to the satisfaction of the City's Director of Planning
and City Solicitor.
5. That the Section 41 Development Agreement related to the approval of Site Plan
Application SP18/083/F/AP be registered on title of the whole of the subject
lands addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the
City's Director of Planning and City Solicitor.
6. That the Owner submit and obtain approval of a functional servicing report for
the whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road,
to the satisfaction of the City's Director of Engineering Services and Region of
Waterloo.
7. That the Owner provide a draft reference plan showing the requested specific
easements, as well as a description of the purpose of the easements, rights,
privileges being granted, for registration, to the satisfaction of the City's
Director of Planning, City's Director of Engineering Services, and City Solicitor.
8. That the Owner establish blanket easements for any additional shared facilities
(e.g., parking), to the satisfaction of the City's Director of Planning and City
Solicitor.
9. That the Transfer Easement documents required to create the easements being
approved herein shall include the following and shall be approved by the City
Solicitor, in consultation with the City's Director of Planning:
a. a clear and specific description of the purpose of the easements and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost
sharing provisions related thereto);
b. a clause/statement/wording confirming that the easements being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
10. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easements and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
11. That the Owner shall submit a draft copy of the proposed Transfer for the
severed parcel for review and approval, to the satisfaction of the City Solicitor.
12. That the shall owner make financial arrangements, to the satisfaction of the
City's Engineering Services, for the installation of all new service connections
(i.e., sanitary, storm, and water) to the severed and retained lands.
13. That the owner prepare a servicing plan showing outlets to the municipal
servicing system, to the satisfaction of Engineering Services.
14. That the owner prepare and submit a Development Asset Drawing (AutoCAD
format) for the site (e.g., servicing, stormwater management, etc.) with
corresponding layer names and asset information, to the satisfaction of the
City's Engineering Services.
15. That prior to final approval, the owner/applicant submit the consent review fee
of $350.00 per new lot created to the Region of Waterloo.
16. The owner/applicant enter into an agreement with the Region of Waterloo, to
submit a detailed Environmental and Stationary Noise Study prior to Site Plan
Approval, and enter into a further supplementary agreement to implement the
recommendations of the noise study.
17. Notwithstanding the above -stated condition, the owner/applicant is required to
enter into a development agreement with the Region of Waterloo to include the
following warning clause in any offers to purchase and/or rental agreements:
"Purchasers/tenants are advised of the proximity of nearby commercial,
retail/office and industrial facilities, the sound from which may at times be
audible."
18. That prior to final approval, the owner/applicant submit a final Stormwater
Management Report for review and approval by the Region of Waterloo.
19. That the Owner provide a draft reference plan showing the requested specific
easements for access, stormwater and servicing, as well as a description of the
purpose of the easements, rights, privileges being granted, for registration, to
the satisfaction of the Region of Waterloo.
20. That the Transfer Easement documents required to create the easements being
approved herein shall include the following and shall be approved by the
Region, in consultation with the City:
a. A clear and specific description of the purpose of the easements and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost
sharing provisions related thereto);
b. A clause/statement/wording confirming that the easements being
granted shall be maintained and registered on title in perpetuity and shall
not be amended, released, or otherwise dealt with without the express
written consent of the City.
21. That the owner/applicant provide the Region a satisfactory Solicitor's
Undertaking to register the approved Transfer Easements and to immediately
thereafter provide copies thereof to the Region's Solicitor to be provided to the
Region Solicitor.
22. That prior to final approval, as recommended in the Transportation Impact Study
entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman
Road, City of Kitchener" authored by WSP (Apri12018) provide a functional
design for the proposed southerly access on Fischer -Hallman Road (interim
traffic control signal/permanent roundabout), to the satisfaction of the Region.
23. That prior to final approval, the owner shall enter into an agreement with the
Region of Waterloo to provide the functional design, approved cost estimate, and
letter of credit all to the satisfaction of the Region of Waterloo, for the Region of
Waterloo to install the interim traffic control signals at the southerly most access
of the site to Fischer -Hallman Road, and the dedication of the lands required from
the developer to implement the traffic control signal, free and clear of all
encumbrances at no expense to the Region of Waterloo;
24. That prior to final approval, the owner shall enter into an agreement with the
Region to provide the approved Preliminary Roundabout Design, approved cost
estimate, and letter of credit, all to the satisfaction of the Region of Waterloo, to
secure the funds required for the Region of Waterloo to remove the traffic control
signals at the southerly most access of the site to Fischer -Hallman Road and
install a permanent centre aligned roundabout in its place, and the dedication of
the lands required from the developer to implement the permanent centre aligned
roundabout. The Letter of Credit shall include all costs for land acquisition by the
Region (including expropriation costs) for all required lands from properties not
owned by the Developer, free and clear of all encumbrances at no expense to the
Region of Waterloo.
Andrew Pinnell, MCIP, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Attachments:
0 Consent Sketch submitted with application form
Consent Sketch submitted with application form
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Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
D20-20/19 KIT
February 12, 2020
Re: Comments for Consent Application B2020-001 through
B2020-004
Committee of Adjustment Hearing February 18, 2020
CITY OF KITCHENER
B2020-001 to B2020-004
1250, 1270 and 1314 Fischer Hallman Road
WAM Fischer -Hallman GP Inc. / One Properties
The owner/applicant is proposing consent applications to sever three parcels of land,
retaining one parcel, and to facilitate easements over the parcels for access, stormwater
and servicing.
The subject lands are located at the southeast corner of Fischer Hallman Road and
Bleams Road and are subject to Site Plan Approval application SP18/083/F/AP and
recently received Council approval to re -zone the lands to a site-specific "Mixed -Use Two"
zone with special use regulations. The Zoning By-law Amendment application has been
appealed and is currently proceeding through the LPAT process.
Regional Comments:
Regional Staff had requested in comments dated January 10, 2020 that the subject
applications be deferred to allow additional time for Regional Staff to consult with the
owner/applicant and City Staff to outline conditions of final approval.
In consultation with the owner/applicant and the City of Kitchener, have reviewed the
subject applications in further detail and are satisfied with addressing any relevant
concerns through conditions of final approval or at the future site plan application stage.
Document Number: 3224599 Version: 1
Regional Fee:
The owner/applicant is required to submit the consent review fee of $350.00 per new lot
created ($350.00 x 3 = $1050.00) prior to final approval of the subject applications.
Noise:
Regional Staff acknowledge that the owner/applicant submitted a noise study entitled
"Noise Feasibiltiy Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -
Hallman Road, Kitchener, ON" authored by HGC Engineering (December 2016) in
support of the proposed development. Regional Staff concurred with the
recommendations of the study and that a detailed noise study would be secured through
a holding provision as part of the proposed zoning by-law application. Regional Staff
acknowledge that the detailed noise study be completed prior to Site Plan Approval and
that the owner/applicant is required to secure implementation of these studies as part of
the consent application.
The owner/applicant is required to submit a detailed Environmental and Stationary Noise
study prior to site plan approval on the subject lands. The owner/applicant is also required
to enter into further supplementary agreements to implement the recommendations of the
noise study.
The noise study must assess road traffic from Fischer -Hallman Road (RR#58) and
Bleams Road. The Assessment must also address the possible impact of noise generated
by the proposed development on all noise -sensitive uses in the vicinity and on the
development itself, as well as any off-site noise sources identified by the noise consultant
that may have an impact on the proposed development.
Please ensure that a signed Owner/Authorized Agent Statement and Consultant
Statutory Declaration accompanies the noise assessments submitted to the Region.
Notwithstanding the requirement for a detailed final noise study, the owner/applicant is
required to enter into an agreement with the Region of Waterloo as part of the consent
application. The recommendations of the noise study submitted by HGC Engineering
(December 2016) required that a warning clause be secured in a development
agreement for sensitive uses, and that the warning clause be included in any offers to
purchase and/or rental agreements:
"Purchasers/tenants are advised of the proximity of nearby commercial,
retail/office and industrial facilities, the sound from which may at times be
audible. "
Functional Servicing:
Regional Staff are satisfied with the City of Kitchener condition to complete a functional
servicing report to the satisfaction of the City and Region prior to final approval.
Document Number: 3224599 Version: 1
Stormwater Management:
Regional Staff require the owner/applicant to submit a final Stormwater Management
Report for the subject development, prior to final approval of the consent applications.
Easements:
The owner/applicant is requesting approval of the subject consent applications to
establish the creation of lots and easements for common features. Regional Staff note
that the easements are to be defined as an approval condition, at a later date, rather
than as part of the initial application review. Specific easements are necessary because
the property, as a whole, when developed is proposed to function as a unit with
common facilities and services. The specific easements are needed to ensure that
when the site is divided into separate lots, the site functions as a unit, despite separate
ownership. It is Regional Staff's understanding that the easements to be established
would be reciprocal easements pertaining to access, stormwater, and servicing.
Regional Staff agree with the City's conditions pertaining to the easements being
established as conditions of final approval. Regional Staff require the owner/applicant to
consult with Regional and City Staff on the establishment of any required easements
prior to final approval of the subject applications.
Record of Site Condition:
Regional Staff acknowledge the proposed Zoning By -Law text for the subject lands
excludes residential development at 1270 Fischer -Hallman Road (proposed retained
lands), which is proposed to be developed with commercial uses. However, the text
does not prohibit multiple dwellings on the retained lands. Regional Staff acknowledge
that it is at the discretion of the Chief Building Official under Regulation 153/04 to
address whether a RSC is warranted prior to issuance of any building permit on the
proposed retained lands given the potential for a sensitive use.
Access:
Regional Staff acknowledge that through the Zoning By -Law Amendment application
the owner/applicant has submitted a roundabout entrance submission and associated
preliminary cost estimate for both proposed signals and a future roundabout at the
proposed access at the south end of the site at Fischer Hallman Road.
Regional Staff acknowledge that the review of the roundabout design, in conjunction with
the TIS entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman
Road, City of Kitchener" authored by WSP (April 2018) is on-going. Regional Staff
acknowledge that any proposed access may impact the proposed existing lot
configurations. Additional lands may be required to be dedicated to the Region to
accommodate any proposed access at this location.
Document Number: 3224599 Version: 1
Regional Staff require the owner/applicant to enter into an agreement with the Region to
provide a functional Design, approved cost estimate, letter of credit, all to the satisfaction
of the Region of Waterloo, for the Region of Waterloo to install the interim traffic control
signals at the southerly most access of the site to Fischer -Hallman Road, and the
dedication of the lands required from the developer to implement the traffic control signal,
free and clear of all encumbrances at no expense to the Region of Waterloo; and
Regional Staff require the owner/applicant to enter into an agreement with the Region to
provide a Preliminary Roundabout Design, approved cost estimate and letter of credit, all
to the satisfaction of the Region of Waterloo, to secure the funds required for the Region of
Waterloo to remove the traffic control signals at the southerly most access of the site to
Fischer -Hallman Road and install a permanent centre aligned roundabout in its place, and
the dedication of the lands required from the developer to implement the permanent centre
aligned roundabout. The Letter of Credit shall include all costs for land acquisition by the
Region (including expropriation costs) for all required lands from properties not owned by
the Developer, free and clear of all encumbrances at no expense to the Region of
Waterloo.
Regional Staff have no objections to the applications, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the consent review fee of
$350.00 per new lot created to the Region of Waterloo.
2) The owner/applicant enter into an agreement with the Region of Waterloo, to
submit a detailed Environmental and Stationary Noise Study prior to Site Plan
Approval, and enter into a further supplementary agreement to implement the
recommendations of the noise study.
3) Notwithstanding the above -stated condition, the owner/applicant is required to
enter into a development agreement with the Region of Waterloo to include the
following warning clause in any offers to purchase and/or rental agreements:
"Purchasers/tenants are advised of the proximity of nearby commercial,
retail/office and industrial facilities, the sound from which may at times be
audible."
4) That prior to final approval, the owner/applicant submit a final Stormwater
Management Report for review and approval by the Region of Waterloo.
5) That the Owner provide a draft reference plan showing the requested specific
easements for access, stormwater and servicing, as well as a description of the
purpose of the easements, rights, privileges being granted, for registration, to the
satisfaction of the Region of Waterloo.
Document Number: 3224599 Version: 1
6) That the Transfer Easement documents required to create the easements being
approved herein shall include the following and shall be approved by the Region,
in consultation with the City:
a. A clear and specific description of the purpose of the easements and of the
rights and privileges being granted therein (including detailed terms and/or
conditions of any required maintenance, liability and/or cost sharing
provisions related thereto);
b. A clause/statement/wording confirming that the easements being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released, or otherwise dealt with without the express written
consent of the City.
7) That the owner/applicant provide the Region a satisfactory Solicitor's Undertaking
to register the approved Transfer Easements and to immediately thereafter provide
copies thereof to the Region's Solicitor to be provided to the Region Solicitor.
8) That prior to final approval, as recommended in the Transportation Impact Study
entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman
Road, City of Kitchener" authored by WSP (Apri12018) provide a functional design
for the proposed southerly access on Fischer -Hallman Road (interim traffic control
signal/permanent roundabout), to the satisfaction of the Region.
9) That prior to final approval, the owner shall enter into an agreement with the Region
of Waterloo to provide the functional design, approved cost estimate, and letter of
credit all to the satisfaction of the Region of Waterloo, for the Region of Waterloo to
install the interim traffic control signals at the southerly most access of the site to
Fischer -Hallman Road, and the dedication of the lands required from the developer
to implement the traffic control signal, free and clear of all encumbrances at no
expense to the Region of Waterloo;
10)That prior to final approval, the owner shall enter into an agreement with the Region
to provide the approved Preliminary Roundabout Design, approved cost estimate,
and letter of credit, all to the satisfaction of the Region of Waterloo, to secure the
funds required for the Region of Waterloo to remove the traffic control signals at the
southerly most access of the site to Fischer -Hallman Road and install a permanent
centre aligned roundabout in its place, and the dedication of the lands required from
the developer to implement the permanent centre aligned roundabout. The Letter of
Credit shall include all costs for land acquisition by the Region (including
expropriation costs) for all required lands from properties not owned by the
Developer, free and clear of all encumbrances at no expense to the Region of
Waterloo.
Document Number: 3224599 Version: 1
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,
Matthew Colley
Planner
Document Number: 3224599 Version: 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N1 R 5W6
Melissa Larion, Supervisor of Resource Phone: (519) 621-2761 ext. 2247
Planning Fax: (519) 621-4945
E-mail: mlarion@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: January 9, 2019 YOUR FILE: B 2020-001 to B2020-004
GRCA FILE: B 2020-001 to B2020-004
RE: Applications for Consent B2020-001 to B2020-004
1250, 1270 and 1314 Fischer Hallman Road
WAM Fischer -Hallman GP Inc./One Properties
GRCA COMMENT:
The Grand River Conservation Authority (GRCA) has no objection to the approval of the
consent applications.
BACKGROUND:
1. Resource Issues
Information currently available at this office indicates that the subject lands contain erosion
hazard and its associated allowance as well as the allowance to a wetland located on an
adjacent property. A copy of our resource mapping is attached for your reference.
2. Legislative/Policy Requirements and Implications
Due to the presence of the resource features noted above, a portion of the property is
regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future
development on within the regulated area will require the prior issuance of a GRCA permit
pursuant to Ontario Regulation 150/06. The permit process involves the submission of a
permit application to this office, the review of the application by Authority staff and the
subsequent approval/refusal of the permit application by the GRCA.
As part of a recent permit approval (GRCA Permit 514/19), GRCA reviewed both a
satisfactory Environmental Impact Study and a geotechnical analysis which identified the
stable top of slope and a 6 metre access allowance. The Consent Sketch (prepared by
Speight, Van Nostrand and Gibson Ltd.) is consistent with the approved geotechnical
analysis in that Lot 4 contains all of the erosion hazard, the 6 metre access allowance and
the regulated area to the wetland. It is our understanding that Lot 4 will not be developed
and zoned as "Natural Heritage Conservation". Only Lots 1 to 3 will be permitted to be
developed. As noted previously, any future development will need to conform to the Alder
Creek Watershed Study and Upper Strasburg Creek Subwatershed Plan.
Page 1 of 2
3. Plan Review Fees
These consent applications were reviewed together and will only require one plan review
fee. The applicable plan review fee is the minor consent application review fee of $420.00,
which the applicant will be invoiced by copy of this correspondence.
We trust this information is of assistance. If you have any questions or require additional
information please contact the undersigned.
Sincerely,
Melissa Larion, MA, MCIP, RPP
Supervisor of Resource Planning
Grand River Conservation Authority
Encl.
cc: WAM Fischer -Hallman G.P. Inc. c/o J. Marshall — Suite 2710, 333 Bay Street, Toronto,
ON M5H 2R2
Mathew Campbell, Zelinka Priamo Ltd. (email)
Andrew Pinnell, City of Kitchener (email)
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority.
Page 2 of 2
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www.kitch ever. ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18th, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Nicholas Godfrey, Technical Assistant — 519-741-2200 ext. 7071
WARD: 9
DATE OF REPORT: February 4th, 2020
REPORT #: DSD -20-021
SUBJECT: A2020-008 — 141 Whitney Place
Applicant — Jeremy Willis, Becky DeLeo
Property Owner — The Globe Studios
Approve with Conditions
Subject Lands: 141 Whitney Place
REPORT
Planning Comments:
The subject property located at 141 Whitney Place is zoned Existing Use Zone (E-1) and General Industrial
Zone (M-2) with Special Provision 1R and 159U in Zoning By -Law 85-1. The land is designated General
Industrial and Open Space in the Mill Courtland Woodside Park Secondary Plan. The applicant is requesting
permission to allow retail sales of pottery supplies in an existing multi -tenant industrial building, whereas the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
By-law does not permit general retail sales. The applicant operates "The Pottery Supply House", where they
retail clay bodies, glazes, tools, raw materials, books and equipment related to the creation of pottery. While
retail uses that are accessory to manufacturing are permitted in the M-2 zone, the variance would add a
general retail use that is not permitted in both zoning sections E-1 and M-2. The current building at 141
Whitney Place is mixed-use, and houses a number of different uses including ice cream manufacturing and
sales, artisan's workshop spaces, and a theatre. City Planning staff conducted a site inspection of the
property on February 7th, 2020.
Site Visit: 141 Whitney Place
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offer the following comments.
1. Meets the General Intent of the Official Plan Test
The subject property is divided between General Industrial and Open Space in the Mill Courtland Woodside
Park Secondary Plan, with the majority of the subject lands located within the Open Space designation.
The Open Space designation is intended to reserve lands for district or city scale recreational facilities, as
well as to identify areas unsuitable for developments due to hazards. In this case, the subject lands have
been identified as being within the flood fringe of Schneider Creek. Alternative uses may be permitted within
this designation, provided that the use is compatible with surrounding land use designations and that the
uses do not prevent a risk to life and property. The proposed use would not be incompatible with the
surrounding area, as the property contains uses such as food manufacturing, theatre space and studio space
for artisans. Therefore, the requested variance under the Open Space designation within the Mill Courtland
Woodside Park Secondary plan meets the general intent of the secondary plan.
Open Space / E-1 Zone
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Approximate Location of Unit within 141 Whitney Place
A smaller portion of this use is within the General Industrial zone (see above). The general intent of the
General Industrial zone is to provide a buffer between industrial and residential uses, as well as to allow the
continuation of neighbouring heavy industrial uses. This designation largely prohibits commercial uses in
industrial areas in order to preserve their continuation as employment lands. The requested variance under
the General Industrial zone in the Mill Courtland Woodside Park Secondary Plan would not be minor, and
would be introducing a use that is not provided for. However, only a small portion of the floor space of this
proposed use falls within this zone, therefore the requested variance meets the general intent of the
Secondary Plan.
It should be noted that City Planning staff is currently undertaking a review of the area designated in the Mill
Courtland Woodside Park Secondary plan, which will be known as the Cedar Hill and Schneider Creek
Secondary Plan. This review will re -designate the area between Innovation Employment and Natural
Heritage. The majority of the area will be within the Natural Heritage area, while the minority will be within
Innovation Employment. The Natural Heritage designation is intended to protect natural heritage features,
as well as to limit future development. This use is within a pre-existing development, and therefore the impact
on natural features would be largely non-existent. There is no new development proposed within this
variance.
Finally, the proposed Innovation Employment designation will allow greater flexibility in permitted uses,
especially regarding uses that are related to creative production industries, artisan's establishments, studio
(art and music), craftsman shop, shared facilities, and other such creative professional uses. As a small
portion of the site falls within this designation, and because it permits uses that are compatible with artisan's
establishments, this variance adds a use that may be permitted as -of -right by proposed forthcoming land
use changes. The pottery sales would be compatible with the rentable artisan's workshop space in
neighbouring units.
2. General Intent and Purpose of Zoning By-law Test
The subject property is divided between Existing Use Zone (E-1) and General Industrial Zone (M-2). The
general intent of the Existing Use Zone is to prohibit uses that did not exist on the date that the E-1 Zone
was applied to the land, or to allow a use within the same type of use as the use lawfully existing on, and
was continually used for, since the date that the E-1 Zone was applied to the land. The current use exists
under Zoning Occupancy Certificate #13 130336 as "manufacturing & craftsman shop", and contains a kiln
room, studio and storage related to the creation of pottery. As the "craftsman shop" use permits some retail,
the proposed variance to permit a stand -a -lone pottery retail use complementary to the needs of current
uses on site meets the intent of the zoning by-law.
The general intent of the M-2 zone is to permit general light industrial uses and to prohibit noxious industrial
uses. The M-2 use does permit some retail sales, limited primarily to building material and decorating
supplies, office supplies, monuments, and wholesaling. As a small portion of the proposed use falls within
the M-2 use, and because there is already some limited retailing available in the building, the proposed
variance meets the general intent and purpose of the zoning by-law.
Staff is currently reviewing the zoning by-law through the comprehensive review (CRoZBY), and is proposing
to divide the lot between Existing Use Floodplain (EUF-1) and Innovation Employment (EMP -6).
The EUF-1 zone will be similar to E-1 zone, and will only recognize existing uses within a floodway or
floodplain. As this use is complimentary to an existing use, it would continue to meet the general intent of
the new zoning by-law as well. The EMP -6 zone is meant to accommodate a range of high-tech, research
and development and other unique employment uses with limited complimentary uses, which will include
creative products manufacturing. In the proposed variance, retailing of pottery would be a complimentary
use to the artisan's workshops on site.
3. Is the Variance "Minor" Test
Staff is of the opinion that requested variance is minor, as the building currently exists as a creative
adaptive re -use of an older industrial property, which permits varied uses such as ice cream retail, theatre
space, and artisan's workshops. The proposed use will not cause any significant impacts to the subject
property or surrounding neighbourhood and has existed at this site for some time.
4. Is the Variance Appropriate Test
The requested variance is appropriate for the use of the land, as the proposed use is consistent with and
compliments the creative adaptive re -uses occurring at the older industrial property at 141 Whitney.
Agency Comments:
Building Comments: The Building Division has no objections to the proposed variance.
Transportation Services Comments: Transportation Services has no objections to the proposed
variance.
Engineering Comments: The Engineering Division has no objections to the proposed variance.
Heritage Comments: Heritage has no objections to the proposed variance.
Environmental Comments: Environmental has no objections to the proposed variance.
RECOMMENDATION
Based on the foregoing, Planning staff recommends that Minor Variance Application A2020-008
requesting permission to allow retail sale of pottery supplies in an existing multi -tenant industrial
building, whereas the By-law does not permit general retail sales, be approved subject to the
condition that the owner/applicant obtain a Zoning Occupancy Certificate from the Planning
department, be approved subject to the following conditions:
1. That the owner/applicant apply for a Zoning Occupancy Certificate from the Planning
department by June 30th, 2020.
Nicholas Godfrey, MA
Technical Assistant
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
January 29, 2020
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
2) 55 DUKE STREET WEST ANDRIN CITY
CENTRE PHASE II
5) 1333 WEBER STREET EAST PAMATA
HOSPITALITY INC
6) 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2020-008 — 141 Whitney Place — No Concerns.
2) A 2020-009 — 120, 130, 140 King Street West; 31 Young Street and 55 Duke
Street — No Concerns.
3) A 2020-010 — 25 Wellington Street North — No Concerns.
4) A 2020-011 — 23 Forfar Avenue — No Concerns.
5) A 2020-012 — 1333 Weber Street East — No Concerns.
6) A 2020-013 — 544 Bridgeport Road — No Concerns.
7) A 2020-014 — 2121 Hidden Valley Crescent — No Concerns.
8) A 2020-015, 016, 017 & 018 — 23 Burgetz Avenue — No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
Document Number: 3186251
Page 1 of 2
comments contained in this letter pertain to the Application numbers listed above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
PLAN REVIEW REPORT: City of Kitchener
Holly Dvson
DATE: February 7, 2020 YOUR FILE:
GRCA FILE: A2020-008 — 141 Whitney Place
RE: Application for Minor Variance A 2020-008
141 Whitney Place, Kitchener
Globe Studios
GRCA COMMENT*:
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
Fax: (519) 621-4945
E-mail: aherreman@grandriver. ca
A 2020-008
The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor
variance application. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the subject property is adjacent to
Schneider Creek and also contains the floodplain associated with the Schneider Creek.
This reach of floodplain has been designated as a Two -Zone Floodplain Policy Area. A
copy of our resource mapping is attached.
2. Legislative/Policy Requirements and Implications:
Due to the presence of the above -noted features, the subject property is regulated by the
GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation.
As noted above, this reach of floodplain has been designated as a Two -Zone Floodplain
Policy Area. In designated Two -Zone Floodplain Policy Areas, the floodplain contains two
sections: the floodway and the flood fringe. The floodway is the area of floodplain that is
required to pass the flows of greatest depth and velocity. Generally, no new development is
permitted within the floodway. The flood fringe lies between the floodway and the edge of
the floodplain. Depths and velocities of flooding in the flood fringe are much less than those
in the floodway, allowing for development to occur if certain criteria are met.
Please be advised that any proposed development on the subject lands must conform to the
GRCA Two -Zone Floodplain Policies and the Two -Zone Floodplain Policies outlined in the
City of Kitchener Official Plan. Any future development on the subject property will also
require the prior issuance of a GRCA permit pursuant to Ontario Regulation 150/06. The
permit process involves the submission of a permit application to this office, the review of
the application by Authority staff and the subsequent approval/refusal of the permit
application by the GRCA.
The proposed application requests permission to allow the retail sale of pottery supplies
within the existing building. It is our understanding that no internal renovations or external
modifications are needed to facilitate the proposed use. As such, the GRCA has no
objection to the proposed minor variance application..
NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2020\Minor Variance\H2O20-008 - Page 1 of 2
141 Whitney Place\A2020-008 - 141 Whitney Place.docx
3. Plan Review Fees:
This application is considered a `minor' minor variance and the applicable plan review fee is
$275.00. The applicant will be invoiced in the amount of $275.00 with a copy of this
correspondence.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Encl.
cc: Globe Studios — 141 Whitney Place, Kitchener, ON N2G 2X8
Jeremy Willis (email)
Becky DeLeo (email)
* These comments are respectfully submitted as advice and reflect resource concerns within
the scope and mandate of the Grand River Conservation Authority.
NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2020\Minor Variance\A2020-008 - Page 2 of 2
141 Whitney Place\A2020-008 - 141 Whitney Place.docx
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REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
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www.kitch ever. ca
Committee of Adjustment
February 18, 2020
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110
10
February 7, 2020
DSD -20-022
A2020-009 — 120,130 and 140 King St W; 30 Young Street; 55 Duke St W
Owner — Andrin Next Limited (Attn. Gino D'Ambrosio)
Applicant — GSP Group Inc. (Kevin Muir)
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Location Map: 120,130 and 140 King St W; 30 Young Street; 55 Duke St W
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property addressed as 120, 130 and 140 King Street West, 31 Young Street, and 55 Duke
Street is zoned Retail Core Zone (D-1) with Special Regulation Provision 645R in Zoning By-law 85-1,
and designated City Centre District within the Urban Growth Centre in the City's 2014 Official Plan. The
approximately 2.25 acre site contains an existing 17 -storey Multiple Dwelling. The balance of the site has
received site plan approval for a 24 -storey residential building attached to a 6 -storey
commercial/residential building with frontage on King Street. In order to facilitate a 251h storey on the
proposed 24 -storey building without providing additional parking spaces, a parking reduction is required.
As such, the applicant has requested relief from Section 6.1.2 c) of the Zoning By-law to permit 0.9
parking spaces per unit for a Multiple Dwelling, whereas the By-law requires 1 space per unit for a Multiple
Dwelling. A previous variance (A 2018-078) was considered and approved in 2018 for a parking reduction
from 1 space per unit to 0.95 per unit, and this variance seeks to further reduce the parking requirement.
Staff notes that the applicant has applied for an update to the site plan to account for the changes to the
parking calculations and the additional storey. The final issuance of the site plan is pending the outcome
of this variance application, along with other standard matters involved in the site plan process.
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Site plan for the subject property
City Planning staff conducted a site inspection of the property on January 31, 2020.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
1. General Intent and Purpose of Official Plan Test
The subject property is designated City Centre District and located within the Urban Growth Centre
in the City's Official Plan. The City Centre district intends to maintain the pedestrian appeal while
evolving into a compact, contemporary urban setting with taller buildings, lively street activity and a
stylish mix of shops, restaurants and bars and cultural and entertainment uses. A small parking
reduction to facilitate increasing the density of a site located in the core of the City Centre District is
very much in keeping with the designation and meets the general intent and purpose of the City
Centre District policies of the Official Plan.
2. General Intent and Purpose of Zoning By-law Test
The purpose of the minimum parking space requirement is to ensure that sufficient parking spaces
are available for uses on a property; in this case, a Multiple Dwelling. Staff is satisfied that the
reduction in required parking spaces from 1 space per unit to 0.9 space per unit, meets the general
intent and purpose of the Zoning By-law, as the site is well -served by transit (LRT & bus) and located
in the centre of the City's downtown. Staff has no concerns with the number of available parking
spaces for this building.
3. "Minor" Test
The variance can be considered minor as the reduced parking space requirement of 0.9 spaces per
unit rather than 1 space per unit is a small reduction, one that is warranted as the site is located near
several LRT station stops (City Hall; Victoria Park) and has frontage on King Street, which is well -
served by other transit. Staff is satisfied that the parking reduction is minor.
4. Desirability for Appropriate Development or Use Test
The requested variance is appropriate for the development and use of the land, as the requested
parking reduction will facilitate an additional storey in a building on a site that is well -served by transit
and located centrally in the City's downtown core. Staff is satisfied that there will continue to be
sufficient parking spaces available for the building.
Based on the foregoing, Planning staff recommends that this application be approved.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
Heritage Planning staff has no concerns with the proposed variance, but notes that the property is located
within the Downtown Cultural Heritage Landscape (CHL), as per the 2014 Kitchener Cultural Heritage
Landscape Study (CHLS) prepared by The Landplan Collaborative Ltd. and approved by Council in 2015.
The CHLS serves to establish an inventory, and was the first step of a phased CHL conservation process.
The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage
Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific
conservation options.
Environmental Comments:
No environmental planning concerns.
RECOMMENDATION
A. That Minor Variance Application A2020-009 requesting relief from Section 6.1.2 c) of the
Zoning By-law to permit 0.9 parking spaces per unit for a Multiple Dwelling, whereas the
By-law requires 1 space per unit for a Multiple Dwelling, BE APPROVED.
Richard Kelly-Ruetz, BES
Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
January 29, 2020
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
2) 55 DUKE STREET WEST ANDRIN CITY
CENTRE PHASE II
5) 1333 WEBER STREET EAST PAMATA
HOSPITALITY INC
6) 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2020-008 — 141 Whitney Place — No Concerns.
2) A 2020-009 — 120, 130, 140 King Street West; 31 Young Street and 55 Duke
Street — No Concerns.
3) A 2020-010 — 25 Wellington Street North — No Concerns.
4) A 2020-011 — 23 Forfar Avenue — No Concerns.
5) A 2020-012 — 1333 Weber Street East — No Concerns.
6) A 2020-013 — 544 Bridgeport Road — No Concerns.
7) A 2020-014 — 2121 Hidden Valley Crescent — No Concerns.
8) A 2020-015, 016, 017 & 018 — 23 Burgetz Avenue — No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
Document Number: 3186251
Page 1 of 2
comments contained in this letter pertain to the Application numbers listed above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: February 7, 2020 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2020-009
120, 130 & 140 King St W, 31
A 2020-010
25 Wellington Street North
A 2020-011
23 Forfar Avenue
A 2020-012
1333 Weber Street East
A 2020-013
544 Bridgeport Road
A 2020-014
2121 Hidden Valley Crescent
A 2020-015-018
28 Burgetz Avenue
Applications for Consent:
B 2020-005 826 Frederick Street
B 2020-006 826 Frederick Street
B 2020-007-009 28 Burgetz Avenue
Young St & 55 Duke St W
GRCA COMMENT:
The above -noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1
and mandate of the Grand River Conservation Authority.
Staff Repoil
Development Services Department
1
KN_ R
www.kitchener. ca
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
February 18, 2020
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Eric Schneider, Planner — 519-741-2200 ext. 7843
WARD:
10
DATE OF REPORT:
February 10, 2020
REPORT #:
DSD -20-023
SUBJECT:
A2020-010 — 25 Wellington Street North
Applicant — Dawn Clelland
Recommendation: Approval
Y r
Location Map: 25 Wellington Street North
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property located at 25 Wellington Street North is zoned Residential Five Zone (R-5)
with Special Regulation Provision 129U in the Zoning By-law. The property is designated Low
Rise Conservation in the K -W Hospital Secondary Plan in the Official Plan. Staff conducted a
site inspection of the property on February 7, 2019.
The applicant is proposing to convert an existing single detached dwelling to a duplex. A duplex
is a permitted use in the R-5 zone.
The applicant is requesting relief from Section 6.1 of the Zoning By-law to allow a reduction in
parking from 2 spaces to 1 space.
View of Existing Site (February 7, 2019)
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments.
General Intent of the Official Plan
1. The subject property is designated Low Rise Conservation in the K -W Hospital Secondary
Plan in the Official Plan. This designation aims to retain a low rise, low density residential
character of the neighbourhood and the preservation of existing housing stock to create
additional dwelling units is encouraged. The proposal intends to keep within the low rise
context with no exterior changes proposed, and proposes to keep the existing dwelling to
create an additional dwelling unit. Therefore, the requested variance meets the general
intent of the Official Plan.
General Intent of the Zoning By-law
2. The intent of the regulation that requires 2 parking spaces is to provide adequate vehicle
storage space for the property. The property is located within 450 metres of the Central
Station LRT stop, which also provides access to a variety of bus routes. The availability of
transit access, as well as walkable access to many nearby amenities (including a grocery
store) can therefore be appropriate to reduce the minimum required parking spaces for
vehicles. Staff is of the opinion that one parking spaces shall be sufficient for this use in this
location and therefore the requested variance meets the general intent of the Zoning By-law.
Is the Variance Appropriate?
3. The requested variance to reduce the amount of parking spaces required is considered
appropriate because of the location of the property along a major transit route. The size of
the property does not make it possible to add a parking space within reason, and the
reduction in required vehicle parking spaces will allow the site to maintain its character
within the existing neighbourhood and is therefore considered appropriate.
Is the Variance Minor?
4. The reduction of required parking spaces will not require any alterations to the site and no
impacts to adjacent properties or the surrounding neighbourhood are expected. Therefore,
the requested variance is considered minor.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made to
for the change of use to duplex and is currently under review.
Transportation Services Comments:
With the proximity of this property to existing ION stops and future Transit Hub located by King
and Victoria streets, Transportation Services has no concerns with the proposed one parking
space reduction to provide one on-site parking space.
Heritage Planning Comments:
Heritage Planning staff has no concerns with this application.
The property municipally addressed as 25 Wellington Street North is located in the Mt
Hope/Breithaupt Neighbourhood Cultural Heritage Landscape (CHL), as per the 2014 Kitchener
Cultural Heritage Landscape Study (CHLS) prepared by The Landplan Collaborative Ltd. and
approved by Council in 2015. The CHLS serves to establish an inventory, and was the first step
of a phased CHL conservation process. The property owner and the public will be consulted as
the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the City's
Official Plan, and preparing action plans for each CHL with specific conservation options.
Environmental Planning Comments:
No environmental planning concerns.
RECOMMENDATION
That minor variance application A2020-010 requesting permission to convert an existing single
detached dwelling into a duplex having 1 off-street parking space rather than the required 2 off-
street parking spaces be approved.
Eric Schneider, BES
Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
Senior Planner
Region of Waterloo
January 29, 2020
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
2) 55 DUKE STREET WEST ANDRIN CITY
CENTRE PHASE II
5) 1333 WEBER STREET EAST PAMATA
HOSPITALITY INC
6) 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2020-008 — 141 Whitney Place — No Concerns.
2) A 2020-009 — 120, 130, 140 King Street West; 31 Young Street and 55 Duke
Street — No Concerns.
3) A 2020-010 — 25 Wellington Street North — No Concerns.
4) A 2020-011 — 23 Forfar Avenue — No Concerns.
5) A 2020-012 — 1333 Weber Street East — No Concerns.
6) A 2020-013 — 544 Bridgeport Road — No Concerns.
7) A 2020-014 — 2121 Hidden Valley Crescent — No Concerns.
8) A 2020-015, 016, 017 & 018 — 23 Burgetz Avenue — No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
Document Number: 3186251
Page 1 of 2
comments contained in this letter pertain to the Application numbers listed above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: February 7, 2020 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2020-009
120, 130 & 140 King St W, 31
A 2020-010
25 Wellington Street North
A 2020-011
23 Forfar Avenue
A 2020-012
1333 Weber Street East
A 2020-013
544 Bridgeport Road
A 2020-014
2121 Hidden Valley Crescent
A 2020-015-018
28 Burgetz Avenue
Applications for Consent:
B 2020-005 826 Frederick Street
B 2020-006 826 Frederick Street
B 2020-007-009 28 Burgetz Avenue
Young St & 55 Duke St W
GRCA COMMENT:
The above -noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1
and mandate of the Grand River Conservation Authority.
Staff Report
Development Services Department
1
K�-R
www.ki tch en er. c a
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18th, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860
WARD: 1
DATE OF REPORT: February 10th, 2020
REPORT #: DSD -20-024
SUBJECT: A2020-011 — 23 Forfar Avenue
Applicant — Miljan & Slobodanka Sekerovic
Approve
f"
op
23
27
Location Map: 23 Forfar Avenue
J
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property located at 23 Forfar Avenue is zoned Residential Three Zone (R-3), and designated
Low Rise Residential in the City's Official Plan. The applicant is requesting relief from Section 37.2.1 of
the Zoning By-law to permit a new single detached dwelling to have a side yard abutting a street setback
of 4.3 metres rather that the required 4.5 metres. Further relief is being sought from Section 6.1.1.1.b) iv)
of the Zoning By-law to locate a driveway 7.0 metres from the intersection of street lines abutting the lot
rather than the required setback of 9 metres.
It should be noted that the subject property was created approximately two years ago through Consent
items B2018-014 & B018-015. Furthermore, the lot was approved for a reduced lot width of 14.04 metres
at that time of decision. (A2018-020).
City Planning staff conducted a site inspection of the property on January 29th, 2020.
23 Forfar Avenue
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
General Intent of Official Plan
1. The subject property is designated Low Rise Residential in the Official Plan. The Residential
designation in the Official Plan places emphasis on compatibility of building form with respect to
massing, scale and design in order to support the successful integration of different housing types.
It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior
areas. The requested variances continue to maintain the low density character of the property and
surrounding neighbourhood. It is the opinion of staff that the requested variances meet the general
intent of the Official Plan.
General Intent of Zoning By-law
2. The current R-3 zoning requires a 4.5 metre setback from the side yard lot line abutting a street
is to ensure that on a corner lot there is adequate separation from the street line to ensure visibility
for vehicles travelling in the area, as well as providing adequate separation between the public
space and buildings. The reduction in the side yard abutting a street setback is minimally affecting
the side yard area. As such staff is satisfied the requested variance to reduce the side yard
abutting a street setback to 4.3 metres whereas 4.5 metres is required meets the general intent
of the Zoning By-law.
The intent of the 9.0 metre setback from an intersection in Zoning By-law 85-1, is to ensure that
there are no obstructions within the corner visibility triangle (CVT), thus ensuring vehicles entering
and exiting the intersection can do so safely. The corner visibility triangle as indicated on the
concept sketch below, shows the reduced CVT of 7.0 metres that is being supported through the
Comprehensive Review of the Zoning By-law (CroZBy) 2019-051. The parking spaces, as well
as the driveway are located outside of the new proposed CVT dimensions. It is not anticipated that
the proposed driveway will create an obstruction to visibility and not expected to result in any negative
impacts on the adjacent residential properties. Therefore, the general intent of the Zoning Bylaw
continues to be maintained.
Application is Minor
3. The reduction in side yard abutting a street setback to 4.3 metres can be considered minor. The
proposed reduction will be negligible as the reduction will not impact the existing neighbourhood.
Furthermore, the variance it is not expected to cause any obstructions in the Corner Visibility Triangle
(CVT) as the proposed CVT in CroZBy 2019-051, has a reduced size of 7.0 metres instead of 9.0
metres in 85-1, thus the new reduction in setback would be reduced to 2.5 metres, and can be
considered minor. This reduced setback from the intersection will continue to allow vehicles to have
safe ingress/egress for the site and represents a small reduction in the requirement.
Application is Appropriate
4. The requested variance is not anticipated to impact any of the adjacent properties or the surrounding
neighbourhood. Therefore, the variance is appropriate for the development and use of the land.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the new single
detached dwelling are obtained prior to construction. Please contact the Building Division @ 519-741-2433
with any questions.
Transportation Services Comments:
While the proposed driveway setback encroaches into the existing 9.0 metre corner visibility triangle
(CVT), through the Comprehensive review of the zoning by-law (CRoZBy), the city is proposing 7 metre
CVT in residential areas. Transportation Services has no concerns with the proposed reduced driveway
setback from an intersection of 7.0 metres, from the required 9.0 metre driveway setback.
Environmental Comments:
No environmental planning concerns.
Heritage Comments:
Heritage Planning staff has no concerns with this application.
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23 Forfar Avenue — Proposed concept
That minor variance application A2020-011 requesting permission for a new single detached
dwelling to have a side yard abutting a street setback of 4.3 metres rather than the permitted 4.5
metres; and to locate a driveway 7.Om from the intersection whereas a setback of 9 metres is
required; be approved.
Tim Seyler, BES
Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
January 29, 2020
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
2) 55 DUKE STREET WEST ANDRIN CITY
CENTRE PHASE II
5) 1333 WEBER STREET EAST PAMATA
HOSPITALITY INC
6) 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2020-008 — 141 Whitney Place — No Concerns.
2) A 2020-009 — 120, 130, 140 King Street West; 31 Young Street and 55 Duke
Street — No Concerns.
3) A 2020-010 — 25 Wellington Street North — No Concerns.
4) A 2020-011 — 23 Forfar Avenue — No Concerns.
5) A 2020-012 — 1333 Weber Street East — No Concerns.
6) A 2020-013 — 544 Bridgeport Road — No Concerns.
7) A 2020-014 — 2121 Hidden Valley Crescent — No Concerns.
8) A 2020-015, 016, 017 & 018 — 23 Burgetz Avenue — No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
Document Number: 3186251
Page 1 of 2
comments contained in this letter pertain to the Application numbers listed above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: February 7, 2020 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2020-009
120, 130 & 140 King St W, 31
A 2020-010
25 Wellington Street North
A 2020-011
23 Forfar Avenue
A 2020-012
1333 Weber Street East
A 2020-013
544 Bridgeport Road
A 2020-014
2121 Hidden Valley Crescent
A 2020-015-018
28 Burgetz Avenue
Applications for Consent:
B 2020-005 826 Frederick Street
B 2020-006 826 Frederick Street
B 2020-007-009 28 Burgetz Avenue
Young St & 55 Duke St W
GRCA COMMENT:
The above -noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1
and mandate of the Grand River Conservation Authority.
Staff Repoil
Development Services Department
www.kitch ever. ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner — 519-741-2200 ext. 7157
PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668
WARD: 2
DATE OF REPORT: February 12, 2020
REPORT #: DSD -20-025
SUBJECT: A2020-012 — 1333 Weber Street East
Applicant — GSP Group Inc. c/o Kristen Barisdale
Owner — Pamata Hospitality Inc. c/o 1776411 Ontario Ltd.
Approve Subject to Conditions
31.
Weber StE.
Fergus Ave
w
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Subject Property
REPORT
Background:
The property is located just within the boundary of the Stanley Park Planning Community. The subject
property is located at the southwest corner of Weber Street East and Fergus Avenue, across Weber
Street from Emmanuel Village Retirement Home and across Fergus Avenue from HiWay Centre plaza.
Provincial Highway 8 is located immediately to the rear (southwest) of the property. The Beer Store is
located beside the property, to the northwest.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The surrounding area is composed of a variety of land uses, for example: commercial/retail, office, and
institutional. Low density residential uses are located beyond the commercial strip that frames Weber
Street. The subject property contains the former Howard Johnson Hotel, including a large surface parking
lot that faces Weber Street. The hotel recently closed and the building is now unoccupied.
The property was the subject of a private Zoning By-law Amendment application in 2016 which resulted
in the property being rezoned to allow high density, mixed use development.
In 2019 the property was the subject of Site Plan Application SP19/105/W/AP which resulted in Approval
in Principle being granted on December 18, 2019 to allow the development of 4 buildings with 3 levels of
underground parking, with Buildings A, B, and C being connected by a 4 -storey base, and all buildings being
connected by underground parking (see approved site plan drawing, attached):
• Building A — 15 -storey multiple dwelling with 177 dwelling units,
• Building B — 15 -storey multiple dwelling with 173 dwelling units,
• Building C — 12 -storey mixed-use building with 650 square metres of commercial floor area and 128
dwelling units, and
• Building D — 12 -storey mixed-use building with 650 square metres of commercial floor area and 90
dwelling units.
The property is presently designated Mixed Use, with a Community Node urban structure element, in the
Official Plan, and is zoned MIX -3,(49), (68), (10H), (11H), (17H) in Zoning By-law 2019-051 and is zoned
MU -3, 675R, 76H, 77H, 22HSR in Zoning By-law 85-1.
The applicant is requesting minor variances for relief from the parking requirements of both zoning by-
laws, for the development planned through Site Plan Application SP19/105/W/AP. The planned third
level of underground parking has been determined by the applicant to be cost -prohibitive. The requested
parking relief would allow the third level of underground parking to be eliminated.
As part of the previous zoning by-law amendment and site plan application processes, a Traffic Impact
Study (TIS) was prepared, which included a Transportation Demand Management (TDM) assessment,
and provided justification for reduced parking. It should be noted that the site plan application that
received approval in principle in December 2019 was in compliance with the both zoning by-laws,
including parking regulations.
At this time, the applicant is requesting parking variances from both Zoning By-law 2019-051 ((under
appeal with the Local Planning Appeal Tribunal (LPAT), but likely coming into effect soon)] and Zoning
By-law 85-1 (in effect, but likely to become obsolete soon), as follows:
Zoning By-law 2019-051:
• Requesting relief from Section 5.6 of By-law 2019-051 to allow a multiple residential building in a
MIX Zone to have a parking rate of 0.85 spaces per dwelling unit, rather than the required 0.9
spaces per dwelling unit (note that this variance would only come into affect when the appeal is
resolved by LPAT and By-law 2019-051 is put into full force and effect).
Zoning By-law 85-1:
• Requesting relief from Section 6.1.2a) of By-law 85-1 to allow a multiple dwelling parking rate
within an MU -3 Zone of 0.85 spaces per dwelling unit, rather than the required 1.0 spaces per
dwelling unit,
Requesting relief from Section 6.1.2a) of By-law 85-1 to allow a parking rate of 1 space per 35.0
square metres of Gross Floor Area (GFA) for a plaza complex, rather than the required 1 space
per 27.0 square metres of GFA, and
Requesting relief from Section 6.1.2b)vi)B) of By-law 85-1 to allow visitor parking for multiple
dwellings to be shared with the plaza complex parking, rather than requiring that 20 percent of
the required parking spaces for multiple dwellings be designated as visitor parking.
General Intent and Purpose of Official Plan Test
Policy 13.C.8.2. within the Parking section of the Official Plan states:
The City may consider adjustments to parking requirements for properties within an area or areas,
where the City is satisfied that adequate alternative parking facilities are available, where
developments adopt transportation demand management (TDM) measures or where sufficient
transit exists or is to be provided.
In addition, Policy 13.C.7.4. within the Transportation Demand Management (TDM) section of the Official
Plan states:
The City will consider reduced parking requirements for development and/or redevelopment in
accordance with Policy 13.C.8.2 where a comprehensive Transportation Demand Management
Report is submitted to the satisfaction of the City
In this case, the property is designated Mixed Use, with a Community Node urban structure element, in
the Official Plan. This designation permits a broad range and mix of residential, commercial, and
institutional uses. Community nodes primarily serve an inter -neighbourhood market and are intended to
intensify, be transit -supportive and cycling and pedestrian -friendly.
The requested variances meet the general intent and purpose of the Official Plan as they will facilitate high-
density, mixed-use, transit -supportive development that is consistent with the Parking, Mixed Use, and
Community Node policies.
General Intent and Purpose of Zoning By-law Test
The property is zoned High Intensity Mixed Use Corridor (MU -3) in Zoning By-law 85-1 and MIX -3 in
Zoning By-law 2019-051, both of which permit a mix of high density residential, commercial, and
institutional uses. The parking requirements within both by-laws have been established to ensure general
parking minimums within mixed use areas. However, in this case, the applicant has submitted studies
prepared by professional transportation engineering consultants indicating that due to the specific site
characteristics, proposed TDM measures, and adjacent transit services, the reduced parking
requirements are justified. The requested variances meet the general intent of the zoning by-laws.
"Minor" Test
The requested parking relief is minor in that it is not anticipated to cause unacceptably adverse impacts on
adjacent properties. The results of the parking analysis contained in the TIS, as confirmed by a letter from
Paradigm Transportation Solutions, indicate that the requested parking relief is justified. The TDM measures
outlined in the TIS will be implemented through the site plan process. As such, no negative impacts are
expected as a result of the reduced parking requirements. As a precaution, Planning staff recommends a
condition to require the owner to enter into an agreement to require the Transportation Demand
Management (TDM) measures to be implemented in accordance with the Transportation Impact Study.
Desirability for Appropriate Development or Use Test
The requested variances will facilitate development that meets the City's objectives for this area, as
outlined in the Mixed Use and Community Node policies of the Official Plan. The related site plan
application approves the construction of 4 high-density, mixed-use buildings with underground parking.
Note that a condition is recommended to require a site plan update to revise the parking, as necessary.
The variances are desirable for the appropriate development of the land.
For the abovementioned reasons, Planning staff is of the opinion that the variance request isjustified, subject
to the conditions outlined below.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
Based on the Transportation Impact Study (September 2019) and Impact of Site Plan Changes (January
10, 2020) submitted by Paradigm Transportation Solutions Limited, the rationale and approach applied
to the proposed parking rates for the residential, visitor and commercial parking components are
acceptable.
Engineering Comments:
No Engineering concerns.
Heritage Comments:
No heritage planning concerns.
Environmental Planning Comments:
Environmental Concerns / The Tree Management Policy will be addressed through the Site Plan Process.
RECOMMENDATION
A. That Minor Variance Application A2020-012 requesting relief from:
a. Section 6.1.2a) of By-law 85-1 to allow a multiple dwelling parking rate within an MU -
3 Zone of 0.85 spaces per dwelling unit, rather than the required 1.0 spaces per
dwelling unit,
b. Section 6.1.2a) of By-law 85-1 to allow a parking rate of 1 space per 35.0 square
metres of Gross Floor Area (GFA) for a plaza complex, rather than the required 1
space per 27.0 square metres of GFA, and
c. Section 6.1.2b)vi)B) of By-law 85-1 to allow visitor parking for multiple dwellings to
be shared with the plaza complex parking, rather than requiring that 20 percent of
the required parking spaces for multiple dwellings be designated as visitor parking,
be approved, subject to the following conditions:
1. That the owner submit and obtain approval of a revision to Site Plan Application
SP19/105M//AP, to the satisfaction of the City's Manager of Site Development and
Customer Service.
2. That the owner shall make satisfactory arrangements with the City's Director of
Transportation Services to implement certain Transportation Demand Management
(TDM) measures in accordance with the Transportation Impact Study prepared by
Paradigm Transportation Solutions Ltd., dated September 2019, which may include
entering into an agreement to be prepared by the City's Solicitor and registered on
the title of the property, at the discretion of the City's Director of Transportation
Services.
3. That this approval shall apply only to the development proposed through Site Plan
Application SP19/105/W/AP.
B. That Minor Variance Application A2020-012 requesting relief from Section 5.6 of By-law
2019-051 to allow a multiple residential building in a MIX Zone to have a parking rate of
0.85 spaces per dwelling unit, rather than the required 0.9 spaces per dwelling unit, be
approved, subject to the following conditions:
1. That this minor variance shall become effective only at such time as Zoning By-law
2019-051 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O.
1990, c. P 13, as amended. At such time, the variance shall be deemed to have come
into force as of the date of this decision. Further, should the regulations relating to
the requested variance change prior to Zoning By-law 2019-051 coming into force,
this variance shall be void.
2. That the owner submit and obtain approval of a revision to Site Plan Application
SP19/105/W/AP, to the satisfaction of the City's Manager of Site Development and
Customer Service.
3. That the owner shall make satisfactory arrangements with the City's Director of
Transportation Services to implement certain Transportation Demand Management
(TDM) measures in accordance with the Transportation Impact Study prepared by
Paradigm Transportation Solutions Ltd., dated September 2019, which may include
entering into an agreement to be prepared by the City's Solicitor and registered on
the title of the property, at the discretion of the City's Director of Transportation
Services.
4. That this approval shall apply only to the development proposed through Site Plan
Application SP19/105NV/AP.
Andrew Pinnell, MCIP, RPP
Senior Planner
Attach:
• Approved Site Plan Drawing
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
January 29, 2020
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
2) 55 DUKE STREET WEST ANDRIN CITY
CENTRE PHASE II
5) 1333 WEBER STREET EAST PAMATA
HOSPITALITY INC
6) 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2020-008 — 141 Whitney Place — No Concerns.
2) A 2020-009 — 120, 130, 140 King Street West; 31 Young Street and 55 Duke
Street — No Concerns.
3) A 2020-010 — 25 Wellington Street North — No Concerns.
4) A 2020-011 — 23 Forfar Avenue — No Concerns.
5) A 2020-012 — 1333 Weber Street East — No Concerns.
6) A 2020-013 — 544 Bridgeport Road — No Concerns.
7) A 2020-014 — 2121 Hidden Valley Crescent — No Concerns.
8) A 2020-015, 016, 017 & 018 — 23 Burgetz Avenue — No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
Document Number: 3186251
Page 1 of 2
comments contained in this letter pertain to the Application numbers listed above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: February 7, 2020 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2020-009
120, 130 & 140 King St W, 31
A 2020-010
25 Wellington Street North
A 2020-011
23 Forfar Avenue
A 2020-012
1333 Weber Street East
A 2020-013
544 Bridgeport Road
A 2020-014
2121 Hidden Valley Crescent
A 2020-015-018
28 Burgetz Avenue
Applications for Consent:
B 2020-005 826 Frederick Street
B 2020-006 826 Frederick Street
B 2020-007-009 28 Burgetz Avenue
Young St & 55 Duke St W
GRCA COMMENT:
The above -noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1
and mandate of the Grand River Conservation Authority.
Staff RepoifK�i-'(]HF:NF R
Development Services Department wwwkitchener.a
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070
WARD: 1
DATE OF REPORT: February 10, 2020
REPORT NUMBER: DSD -20-026
SUBJECT: Application A2020-013
544 Bridgeport Road
Owner — Bridgeport at Lancaster (MennoHomes Inc.)
Applicant — Brian Torrens, Edge Architects Ltd.
Approve
Subject Property: 544 Bridgeport Road
Background:
The City of Kitchener Site Plan Review Committee granted Approval in Principle for a five storey mixed
institutional/residential development on January 15, 2020. Through the detailed review of the
development proposal, it was determined that a minor variance application was required to permit a
Staff Repoif 1
Development Services Department wwwkitchener.ca
maximum building height of 17.4 metres. The proposal includes the demolition of the existing St.
Paul's Lutheran Church and the construction of two new mixed use buildings, proposed to be
developed in two phases.
The first phase (Building 1) includes new congregation space for St. Paul's Lutheran Church as well
as community space for Parents for Community Living. Upper floors are proposed to include 48
dwelling units, including affordable housing units.
Conceptual Rendering of Phase 1
Building 2 (Phase 2) is not proposed to be built at this time and will be subject to a future site planning
process.
Report:
The subject property is designated as Mixed Use in the City's Official Plan and zoned as Low Intensity
Mixed Use Corridor (MU -1) with Special Regulation Provision 624R (which permits freestanding retail
uses within existing and new buildings, to a maximum gross floor area of 1,000 square metres). The
maximum building height permitted in the MU -1 zone is 13.5 metres.
Staff Report KN NEx
Development Services Department wwwkitchener.ca
Through the approval of the first stage of Zoning By-law 2019-051 (CRoZBy project), the zoning of the
property was changed to Mixed Use Two (MIX -2) with Site Specific Provision 41 (which permits a
maximum gross floor area of 1,000 square metres for each individual freestanding retail outlet within
existing and new buildings; and, permits a food store in a mixed use development to a maximum gross
floor area of 5,000 square metres). The maximum permitted height in the new zone is 25.0 metres or
8 storeys.
Zoning By-law 2019-051 is currently under appeal, and as such, the development proposal must
comply to both Zoning By-law 85-1 and Zoning By-law 2019-051. Other than the proposed maximum
building height, the proposed development meets all regulations of both zoning by-laws.
Minor Variance Application A2020-013 requests a building height maximum of 17.4 metres whereas
13.5 metres is currently permitted under Zoning By-law 85-1.
The Owner and the Applicant held an Information Meeting on January 28, 2020 and invited interested
residents to learn more about the development proposal and the requested variances. Planning staff
attended that meeting and answered questions, and has received additional comments from some
residents of Lang Crescent. Those comments were provided to members of the Committee of
Adjustment through the Committee Coordinator.
A site inspection as conducted on January 15, 2020.
Planning Comments:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments.
1. General Intent of the Official Plan
The subject property is located within the Urban Corridor Intensification Area as shown on the City's
Urban Structure map. The planned function of Urban Corridors is to provide for a range of retail and
commercial uses and intensification opportunities that should be transit -supportive.
The property is designed as Mixed Use in the Official Plan. The Mixed Use land use designation plays
an important role in achieving the planned function of the Intensification Areas of the City's Urban
Structure. Lands designated Mixed Use have the capacity to accommodate additional density and
intensification of uses. Permitted residential uses may include those medium and high rise residential
uses permitted in the Medium Rise Residential and High Rise Residential land use designations.
Development and redevelopment of properties will be encouraged to achieve a high standard of urban
design, be compatible with surrounding areas, be transit -supportive as well as cycling and pedestrian -
friendly. The policies encourage a mixture of permitted uses within a building. Generally, no building
will exceed 8 storeys or 25 metres in height, whichever is greater at the highest grade elevation, on
lands designated Mixed Use as an Urban Corridor. The subject property is subject to Specific Policy
15 which permits free-standing retail uses within new buildings, to a maximum gross floor area of
1,000 square metres.
An objective of the Official Plan is to provide for an appropriate range, variety and mix of housing types
and styles, densities, tenure and affordability to satisfy the varying housing needs of our community
through all stages of life. The City favours a land use pattern which mixes and disperses a full range
of housing types and styles both across the city as a whole and within neighbourhoods.
Staff Report KN x
Development Services Department wwwkitchener.ca
The Official Plan supports housing assistance to be provided to members of the community who have
difficulty accessing safe, suitable and affordable housing. The City, in cooperation with senior levels
of government, the Region, private landlords, builders and community groups will continue to utilize
existing programs and seek improved and cost effective senior government assistance to provide a
range of housing options that address affordable housing needs.
Policies in the Official Plan encourage and support affordable housing to locate in close proximity to
public transit, commercial uses, and other compatible non-residential land uses, parks and community
facilities and have convenient access to community, social and health services.
The Housing polices in the Official Plan provide direction when a minor variance is requested to
facilitate residential intensification or a redevelopment of lands. Any new buildings must be
appropriate in massing and scale and be compatible with the built form and the community character
of the established neighbourhood. The site must be able to function appropriately and not create
unacceptable adverse impacts for adjacent properties by providing both an appropriate number of
parking spaces and an appropriate landscaped/amenity area on the site. The impact of a variance
cannot compromise the site in achieving objectives of compatible and appropriate site and
neighbourhood design and should not create further zoning deficiencies.
The proposed building is appropriate in massing and height and is compatible with the built form and
the community character of the established neighbourhood. The buildings are five storeys in height,
but are positioned toward Lancaster and Bridgeport Streets. The buildings will be buffered from
adjacent low rise residential uses with setbacks and landscaping. It should be noted that at this time,
only the location of Building 1 is being finalized as part of the site plan approval process. An additional
site plan approval process will be required once plans are finalized for Building 2 (Phase 2).
The proposed setbacks are sufficient to ensure that adequate landscaping can be provided to screen
around the entire site. The landscape buffer around the site will accommodate landscaping, a visual
barrier, and in some locations, retaining walls. A visual barrier is required by both Zoning By-laws in
any location where the surface parking lot is adjacent to another residential property.
The site can function appropriately, has a sufficient number of parking spaces and provides a
functional landscaped/amenity area on site. There is sufficient green spaces on site to provide outdoor
amenity areas for the future residents of the building. On-site parking is provided in accordance with
both zoning by-laws. Details such as lighting, landscape design and materials, amenity areas,
fagades, and site layout and configuration will continue to be refined through the site planning process
with additional review and approval of subsequent detailed design plans and drawings. The site
planning process will also include a development agreement which will ensure the long-term
maintenance and upkeep of the site. Site Plan Control will be used in accordance with the Planning
Act as a means of achieving a well-designed, functional, accessible, and sustainable built form.
For the reasons, Planning Staff is of the opinion that the general intent of the Official Plan is
maintained.
2. General Intent of the Zoning By-law
The requested minor variance to increase the maximum height in requested from the MU -1 zone in
Zoning By-law 85-1. The intent of the maximum building height is to create a height limit for future
developments to ensure that these are appropriately scaled. Given the size of the subject lands,
and given that the existing building is being demolished, the new buildings can be located on the
subject lands adjacent to the streetscape and adequately separated from adjacent low rise
Staff Report KN x
Development Services Department wwwkitchener.ca
residential uses. There will be limited impact of the additional 3.9 metres of building height on
adjacent properties.
Planning Staff is of the opinion that the requested minor variance meets the general intent of Zoning
By-law 85-1.
The approved 2014 Official Plan implemented a new Urban Structure component along with new
land use designation policies which permit building heights of up to 8 storeys and 25 metres for the
subject lands. Additionally, new zoning has been approved for the subject lands which permit a
maximum building height of 8 storeys and 25 metres, however Zoning By-law 2019-051 is under
appeal. To further guide building height and setbacks, the City's new Urban Design Manual provides
further guidance for site design, set backs, separation, and built form to consider when determining
appropriate building design considerations, including maximum height.
The City's Urban Design Manual applies to all properties within the City and there are several sections
that apply to the subject lands, including City-wide design guidelines. All guidelines will be applied
through the site planning stage, but the Mid -Rise Buildings Design Guidelines were specifically relied
on in reviewing of the building height. A mid -rise building is any building that is between four and eight
storeys. When considering the appropriate placement of building mass, the design should respond to
both the existing and planned context of the area, including concentrating height and mass towards
the Lancaster Street Mixed Use Corridor. Mid -rise buildings are to be contemporary and not replicate
existing or historical architectural styles. Mid -rise buildings are to have a human -scaled relationship to
the public realm. When considering the maximum length and the maximum height of the proposed
building, the suggested separation from shared property lines 3.7 metres. However, the base MU -1
and MIX -2 zones require a minimum setback of 7.5 metres from any property with a residential zone.
The proposed setback from the closest residentially zoned property is 9.0 metres — however that
setback is for Building 2 which is subject to further review.
Planning Staff is of the opinion that the requested minor variance meets the general intent of Zoning
By-law 2019-051.
3. Is the Variance Minor?
The subject lands are planned to accommodate intensification. The requested variance for a building
height of 17.4 metres would permit a marginal increase to the maximum building height of 13.5
metres permitted in the MU -1 zone in Zoning By-law 85-1. The proposed maximum height is within
the permitted range (maximum 25.0 metres) of the new MIX -2 zone in Zoning By-law 2019-051. The
buildings are designed to address the street and are an appropriate height given the planned function
and form of the Lancaster Mixed Use Corridor intensification area.
Therefore, Planning Staff is of the opinion that the requested minor variances are minor.
4. Is the Variance Appropriate?
The buildings can be positioned on the site to address the public realm and be adequately integrated
into the surrounding community and Lancaster Mixed Use Corridor. The requested variance would
permit the redevelopment of the property with a mixed institutional and residential use.
Planning Staff is of the opinion that the variances are appropriate.
Staff Report
Development Services Department
Building Comments:
The Building Division has no objections to the proposed minor variance.
Transportation Comments:
Transportation Services have no concerns with the proposed application.
Heritage Comments:
Heritage Planning staff has no concern with this application.
Engineering Comments:
Engineering staff have reviewed the application and have no concerns.
wwwkitchener. c a
Environmental Planning Comments:
Environmental Planning staff have reviewed the application and have no concerns. The Tree
Management Policy will be addressed through the Site Plan Process.
RECOMMENDATION:
That Minor Variance Application A2020-013 requesting a building height maximum of 17.4
metres whereas 13.5 metres is currently permitted under Zoning By-law 85-1, be approved.
Garett Stevenson, B.E.S., MCIP, RPP
Senior Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
Senior Planner
Region of Waterloo
January 29, 2020
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
2) 55 DUKE STREET WEST ANDRIN CITY
CENTRE PHASE II
5) 1333 WEBER STREET EAST PAMATA
HOSPITALITY INC
6) 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2020-008 — 141 Whitney Place — No Concerns.
2) A 2020-009 — 120, 130, 140 King Street West; 31 Young Street and 55 Duke
Street — No Concerns.
3) A 2020-010 — 25 Wellington Street North — No Concerns.
4) A 2020-011 — 23 Forfar Avenue — No Concerns.
5) A 2020-012 — 1333 Weber Street East — No Concerns.
6) A 2020-013 — 544 Bridgeport Road — No Concerns.
7) A 2020-014 — 2121 Hidden Valley Crescent — No Concerns.
8) A 2020-015, 016, 017 & 018 — 23 Burgetz Avenue — No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
Document Number: 3186251
Page 1 of 2
comments contained in this letter pertain to the Application numbers listed above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: February 7, 2020 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2020-009
120, 130 & 140 King St W, 31
A 2020-010
25 Wellington Street North
A 2020-011
23 Forfar Avenue
A 2020-012
1333 Weber Street East
A 2020-013
544 Bridgeport Road
A 2020-014
2121 Hidden Valley Crescent
A 2020-015-018
28 Burgetz Avenue
Applications for Consent:
B 2020-005 826 Frederick Street
B 2020-006 826 Frederick Street
B 2020-007-009 28 Burgetz Avenue
Young St & 55 Duke St W
GRCA COMMENT:
The above -noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1
and mandate of the Grand River Conservation Authority.
To whom it may concern
Hello I am writing to you because I am looking for help with a situation we are dealing with on
Lang Crescent in Kitchener. My neighbor's and I were invited to an information meeting on
January 28th, 2020 at 5t Paul's Evangelical Lutheran Church. The meeting was held by Chan
Driedger from Menno Homes. This meeting was to discuss their plans to build a new low-rise
building that would include 45 residential apartments (or so we were initially told in a letter
dated Oct 10, 2019), As I am sure you know from the previous articles in the Waterloo Region
Record this building has been partially funded by the federal, provincial and municipal
governments because of our lack of affordable housing. I personally, as well as all neighbors
who signed this letter, think that the church is doing the right thing, by using their land to try
and help people who cannot afford the outrageous rents in this region. Like anything, this will
come at a cost, and the cost is to us, the homes on Lang Crescent.
I am not going to go on, about "not in my backyard", because it obviously has to go somewhere
and the church is truly doing something honorable. The meeting started out telling us they
wanted this to be a good situation for all, and thus, why were invited to this meeting, He went
on about wanting this to be good not only for the new residents, but to the existing
neighborhood as well.
The bomb was then dropped, telling us there are plans in the works to build a second building
(phase 2). We were then shown the three different proposed plans that Menno Homes came
up with. The third and final plan that was seemly accepted by the Region, put this second
phase 30 ft. from the property lines of all existing backyards. This building will tower over the
backyards of the homes on Lang Crescent, giving us complete shade all day. The impact of the
proposed 5 story building is amplified by the fact that the existing grade of the owners lets is
already 5-10 meters lower than the existing church lot now. Being this low also leaves us to
breathe in the emissions and fumes from a hundred cars that will be coming and going in and
out of the church lot and then settling right into the backyards of the people and properties on
the down slope. This second building is now potentially detrimental to the health and well-
being of property owners and pets.
It does not matter to anyone on the municipal level, who are planning the proposed five story
building, where everyone will be looking down into our yards, whether we like it or not. Most
residents affected have spent 20-35 years retrospectively living in this neighborhood, paying
taxes and being good abiding citizens. When we purchased our homes many years ago we
purchased it for the seclusion and peacefulness of having the church behind us, and the zoning
bylaws were a major influence in our decision making.
They are now applying to change variance by-laws to be able to build up 5 stories instead of the
3 they are currently allowed. If this passes how many other people will have to just deal with
whatever the city deems acceptable. They do this with no qualms at all for the privacy and the
lives that have been built here. In February of 2018 1 wrote to the city of Kitchener and directly
asked in layman's terms for a better understanding why the zoning was being changed. They
sent me back a letter basically telling me nothing. I have attached that correspondence. The
city's plan to change the zoning in our neighborhood is NOT in the best interest of the residents,
just in the Municipality's. To change because it suits their purpose. Does this seem like they
are considering the existing neighborhood? l think not.
Menno Homes and the Municipality explained different aspects of how this would affect, our
already established neighborhood back yards. Going into such topics as adequate buffering,
sloping, grading, and fencing. We brought up the concern of already congested traffic at the
corner of Bridgeport Rd and Lancaster during rush hours. Our answer to this came from Garett
Stevenson from the City of Kitchener, They do not even take this factor into the equation until
after all of the calamity has been created. They have to wait until tax dollars come in to
complete any road work.
We have no problems with the first phase of this project and we welcome it to the community.
The second part (the third proposal for Phase 2) of this project will change our lives, produce
more emissions directly into the yards, bring down the value of all properties and take away
any privacy we once had.
The first two proposals of these plans for phase 2, kept the second building far enough away
from the property lines, that we would not be as deeply affected. The region turned these
plans down. We were never given an acceptable reason why, after all we are just a few homes
and apparently we don't really have a say in anything. They talked of green space and moving
utilities. Why don't they put the green space up to our properties? I see no viable reason that
the first plans ( A & B) for this project cannot be taken into consideration.
We were told at the eleventh hour that they will break ground in March or April of this year and
finish in the summer of 2021. We feel we have been purposely hoodwinked starting 2 years
ago when the city was changing all the zoning in Bridgeport. They spoke of and to quote them
"a sense of urgency and timeline requirements", because the starting of the first building
directly correlates to the acceptance of phase 2 (i.e. the parking lot). They actually even
brought up approval in principal, which when I asked what they meant by this, they said it was
a made up process with no legal status. Did they even consider for one moment what the
impacts would be on all the people in these neighborhoods? I am very happy in my home, and
all my neighbors are as well. Please help us to deal with the weight of a few people trying to
make the Waterloo Region see reasoning, that the homes on Lang Crescent are just as
important as the ones they are trying to build.
To reiterate, we have no quarrel with the Church & Menno Horses in this regard, again we
welcome phase 1 to the neighborhood, our problem is with the Region of Waterloo who
flagrantly dismissed plans drawn up by Menno Homes that would benefit the homeowners on
Lang Crescent as well as all our new neighbors.
Please consider this letter a formal objection by all properties behind 544 Bridgeport Rd., to the
currently requested change for any further stories on any buildings over and above the current
allowed maximum of three, (13.5 m) and to the proposed building of phase 2 so close to all
properly lines of the homeowners on Lang Crescent.
11 Lang Cr.
Kitchener, On
Is currently under construction and has no persons in residence
Staff Report K*i-
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Daniel Gaspar, Student Planner — 519-741-2200 ext. 7074
Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070
WARD: 3
DATE OF REPORT: February 10, 2020
REPORT #: DSD -20-027
SUBJECT: A2020-014 — 2121 Hidden Valley Crescent.
Owner — Bill Zinger
Applicant — Tom Hearn, Eric Jackman (Jackman Construction Ltd.)
Approve
Location Map: 2121 Hidden Valley Crescent.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property is designated Low -Rise Residential in the Official Plan and zoned R-1, 1R, 183R in
Zoning By-law 85-1. The applicant is requesting relief from Section 5.5.2 b) of Zoning By-law 85-1 to
construct an accessory structure with a height to the underside of the fascia of 3.6m rather than the permitted
3m. Staff visited the subject property on February 51", 2020.
Accessory building under construction at subject property
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offer the following comments.
General Intent of the Official Plan
The land -use designation for the subject property in the Official Plan is Low -Rise Residential. Official Plan
policies state that new buildings in low density neighbourhoods should be appropriate in massing and
scale and compatible with the built form and character of the established neighbourhood. The proposed
accessory building will be scaled to have very little visual presence or impact on the existing
neighbourhood as it will be located behind the primary structure, setback 41.1 m from the street and at a
lower elevation. Based on the foregoing, staff is of the opinion that the general intent of the official plan
is maintained.
General Intent of the Zoning By-law
The subject property is designated in the Residential One (R-1) Zone, 1 R, 183R under Zoning By-law 85-1.
The requested relief is with regard to height of an accessory building, which is regulated for residential zones
under the General Regulations Provision of the Zoning By-law: Section 5.5.2. The proposed structure
requires 0.6m of relief for a height of 3.6m to the underside of the fascia instead of the 3m maximum outlined
in the Zoning By-law. The overall height of the proposed structure would not exceed the 5.5m maximum
outlined in Zoning By-law. The proposed structure exceeds the minimum setback requirements and is well
below the maximum percentage lot coverage for an accessory structure. The proposed structure will also
be significantly smaller than the primary structure on the property, representing less than 3% of the gross
floor area. Based on the foregoing, staff is of the opinion that the general intent of the Zoning By-law to limit
the size of accessory buildings is maintained.
Is the Variance Minor?
As described above, the requested relief is for 0.6m to the underside of the fascia of the proposed structure.
Relief was granted in a previous variance (A2014-001) on the same property for 1.16m of additional overall
height and 3.5m of additional height to the underside of the fascia of an accessory building. The relief being
requested by the applicant here is 2.9m less than what was previously granted. The overall height of the
structure does not exceed the 5.5m maximum and its location on the property creates virtually no visual
presence from the street. Additionally, structures in the community are generally taller than average and it
should be noted that other accessory buildings in the community have height variances. As such, staff is of
the opinion that the variance is minor in nature.
Is the Variance Appropriate?
The proposed accessory building will serve as a pool cabana. The specific policies for this area in the Official
Plan recognize that the community contains estate residential lots with limited access to municipal services.
Many properties in the community, including the subject property, have sufficient room for amenities and
accessory buildings while having restricted development opportunities. The proposed accessory building
would thus be an appropriate and desirable use of the otherwise limited lands.
Based on the foregoing, Planning staff recommends that this application be approved.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made to for the pool
cabana and is currently under review
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
Environmental Planning Comments:
There are no Environmental Planning concerns
RECOMMENDATION
That minor variance application A2020-014 requesting permission to construct an accessory
building with a height to the underside of the fascia of 3.6m instead of the required 3m be
approved.
Garett Stevenson, B.E.S., MCIP, RPP
Juliane von Westerholt, MCIP, RPP
Senior Planner Senior Planner
Region of Waterloo
January 29, 2020
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
2) 55 DUKE STREET WEST ANDRIN CITY
CENTRE PHASE II
5) 1333 WEBER STREET EAST PAMATA
HOSPITALITY INC
6) 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2020-008 — 141 Whitney Place — No Concerns.
2) A 2020-009 — 120, 130, 140 King Street West; 31 Young Street and 55 Duke
Street — No Concerns.
3) A 2020-010 — 25 Wellington Street North — No Concerns.
4) A 2020-011 — 23 Forfar Avenue — No Concerns.
5) A 2020-012 — 1333 Weber Street East — No Concerns.
6) A 2020-013 — 544 Bridgeport Road — No Concerns.
7) A 2020-014 — 2121 Hidden Valley Crescent — No Concerns.
8) A 2020-015, 016, 017 & 018 — 23 Burgetz Avenue — No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
Document Number: 3186251
Page 1 of 2
comments contained in this letter pertain to the Application numbers listed above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: February 7, 2020 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2020-009
120, 130 & 140 King St W, 31
A 2020-010
25 Wellington Street North
A 2020-011
23 Forfar Avenue
A 2020-012
1333 Weber Street East
A 2020-013
544 Bridgeport Road
A 2020-014
2121 Hidden Valley Crescent
A 2020-015-018
28 Burgetz Avenue
Applications for Consent:
B 2020-005 826 Frederick Street
B 2020-006 826 Frederick Street
B 2020-007-009 28 Burgetz Avenue
Young St & 55 Duke St W
GRCA COMMENT:
The above -noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1
and mandate of the Grand River Conservation Authority.
Staff RepoifK�i-'(]HF:NF R
Development Services Department wwwkitchener.a
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070
WARD: 1
DATE OF REPORT: February 10, 2020
REPORT NUMBER: DSD -20-029
SUBJECT: Applications B2020-005 & B2020-006
824, 826, & 828 Frederick Street
Owner — Dragoslav Kovacevic
Applicant — Scott Patterson, Patterson Planning Consultants Inc.
Approve with Conditions
Subject Properties: 824, 826, & 828 Frederick Street
Background:
On May 17, 2016, the Committee of Adjustment approved severance applications B 2016-010, B 2016-
011, B 2016-012, B 2016-013, and B 2016-014, for 826 Frederick Street (62-70 Turner Ave) to sever
the subject property into six (6) lots to allow separate ownership of each townhouse dwelling unit and
separate owner of the retained lands for future development.
Staff Report
Development Services Department
Report:
vex
wwwkitchener.ca
The current applications propose to further sever the future development parcel into three separate
lots, where each newly constructed townhouse dwelling will be on a separate lot. All of the townhouse
dwelling units are connected to full municipal services.
Application B2020-005 proposes to sever a lot with a width of 7.29m, a depth of 27.334m and an area
of 199.7 sq.m.
Application B2020-006 proposes to sever a corner lot with a width of 12.522m, a depth of 27.553m,
and an area of 346.3 sq.m. Permission is also being requested to grant an easement at the rear of
the subject property in favour of the retained lands, having a width on Turner Avenue of 0.9m and a
depth of 12.519m for the purpose of access.
The retained lands have a lot width of 5.792m, a depth of 27.456m, and an area of 158.9 sq.m.
A site inspection was conducted on February 5, 2020.
Existing streetscape showing 3 newly constructed Townhouses
Planning Comments:
The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as
Residential Six (R-6) in the Zoning By-law.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severances conform to the
City's Official Plan and will allow for separate ownership of the newly constructed dwellings.
Staff Report KNNh
uHL
16-,
Development Services Department wwwkitchener.ca
The configuration of the proposed lots will comply with the regulations of the Residential Six (R-6)
zone. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement
and conforms to the Growth Plan for the Greater Golden Horseshoe.
Based on the foregoing, Planning staff recommends that Applications B2020-005 & B2020-006 be
approved subject to the conditions listed in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Comments:
A financial contribution for the future sidewalk along the Tuner Avenue frontage (27.76 linear metres) is
required, at a rate of $129m2 (future sidewalk 2020 rate).
Heritage Comments:
Heritage Planning staff has no concern with this application.
Engineering Comments:
This site has gone through the Site Plan process and is in the Off -Site Works process for
services. Engineering has no concerns with the severance application.
Operations Comments:
Parkland dedication is not required for this application as it was satisfied through site plan application
SP13/083/F/MV.
Environmental Planning Comments:
Environmental Planning staff has reviewed the application and has no concerns.
Region of Waterloo Comments:
The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot
created ($350.00 x 2 = $700.00) prior to final approval of the consent.
Regional Staff advises that a detailed environmental noise study entitled "Road and Rail Traffic Noise
Impact Study 826 Frederick Street, Kitchener, Ontario" as prepared by GHD Limited (June 9, 2016)
was completed and reviewed and accepted by Regional Staff.
The following recommendations of the above noise study with respect to transportation noise will be
required to be implemented through a registered agreement with the City of Kitchener:
A. The owner hereby agrees that all dwellings on the severed and the retained lots will be
constructed as per recommendations of the noise report entitled "Road and Rail Traffic Noise
Impact Study 826 Frederick Street, Kitchener, Ontario" dated June 9, 2016 as prepared by
GHD Limited, and further agrees that:
B. All Dwelling Units on the Severed and Retained Lands:
1. The dwelling units will be installed with forced air ventilation systems; suitably designed
and installed with a central air conditioning systems. The location, installation and
sound rating of the air conditioning device should comply with NPC -216, Residential
Air Conditioning Devices.
Staff Report KNNh
uHL
16-,
Development Services Department wwwkitchener.ca
2. The following noise warning clauses will be included on all offers to purchase, deed,
and/or rental agreement:
Type A — "Purchasers/tenants are advised that sound levels due to increasing road
and rail traffic may occasionally interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo
Municipality and the Ministry of the Environment Conservation and Parks (MECP)."
Type D — "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 interior sound levels are within the sound level limits of the Region of Waterloo
Municipality and the Ministry of the Environment Conservation and Parks (MECP)."
3. For all units, building components used in construction must be in compliance with the
Ontario Building Code.
4. Windows and doors used in the construction of the east fagade (along Frederick
Street) must have a minimum STC rating of 31.
5. Windows and doors used in the construction of the north and south fagade (along
Turner Avenue) must have a minimum STC rating of 30.
C. Implementation:
6. An acoustical engineer or Municipal Building Official will be required to certify that the
building plans include all required noise control, including the installation of central air
conditioning prior to issuance of a building permit.
RECOMMENDATION:
I. That application B2020-005 requesting to sever a lot with a width of 7.29m, a depth of
27.334m and an area of 199.7 sq.m., be approved subject to the following conditions:
That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property to the satisfaction of
the City's Revenue Division.
2. That the owner shall provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full sized paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
3. That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
4. That prior to final approval, the owner/applicant enter into an agreement with the
City of Kitchener for all units on the severed and retained lands to implement
the required noise mitigation and warning clauses in all agreements of Offers of
Purchase and Sale, lease/rental agreements:
Staff Report KNNh
uHL
16-,
Development Services Department wwwkitchener.ca
a. The owner hereby agrees that all dwellings on the severed and the
retained lots will be constructed as per recommendations of the noise
report entitled "Road and Rail Traffic Noise Impact Study 826 Frederick
Street, Kitchener, Ontario" dated June 9, 2016 as prepared by GHD
Limited.:
b. All dwelling units will be installed with forced air ventilation systems;
suitably designed and installed with a central air conditioning systems.
The location, installation and sound rating of the air conditioning device
should comply with NPC -216, Residential Air Conditioning Devices.
c. "Purchasers/tenants are advised that sound levels due to increasing
road and rail traffic may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of
the Region of Waterloo Municipality and the Ministry of the Environment
Conservation and Parks (MECP)."
d. "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 interior sound levels are within the sound level
limits of the Region of Waterloo Municipality and the Ministry of the
Environment Conservation and Parks (MECP)."
e. That building components used in construction for all units on the
severed and retained lands be in compliance with the Ontario Building
Code (OBC).
f. That the windows and doors used in the construction of the east fagade
(along Frederick Street) on the severed and retained lands have a
minimum STC rating of 31.
g. That the windows and doors used in the construction of the north and
south fagade (along Turner Avenue) on the severed lands have a
minimum STC rating of 30.
II. That application B2020-006 requesting to a corner lot with a width of 12.522m, a depth
of 27.553m, and an area of 346.3 sq.m., and requesting permission to grant an easement
at the rear of the subject property in favour of the retained lands, having a width on
Turner Avenue of 0.9m and a depth of 12.519m for the purpose of access, be approved
subject to the following conditions:
That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property to the satisfaction of
the City's Revenue Division.
2. That the owner shall provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full sized paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
Staff Report KNNh
uHL
16-,
Development Services Department wwwkitchener.ca
3. That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
4. That prior to final approval, the owner/applicant enter into an agreement with the
City of Kitchener for all units on the severed and retained lands to implement
the required noise mitigation and warning clauses in all agreements of Offers of
Purchase and Sale, lease/rental agreements:
a. The owner hereby agrees that all dwellings on the severed and the
retained lots will be constructed as per recommendations of the noise
report entitled "Road and Rail Traffic Noise Impact Study 826 Frederick
Street, Kitchener, Ontario" dated June 9, 2016 as prepared by GHD
Limited.:
b. All dwelling units will be installed with forced air ventilation systems;
suitably designed and installed with a central air conditioning systems.
The location, installation and sound rating of the air conditioning device
should comply with NPC -216, Residential Air Conditioning Devices.
c. "Purchasers/tenants are advised that sound levels due to increasing
road and rail traffic may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of
the Region of Waterloo Municipality and the Ministry of the Environment
Conservation and Parks (MECP)."
d. "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 interior sound levels are within the sound level
limits of the Region of Waterloo Municipality and the Ministry of the
Environment Conservation and Parks (MECP)."
e. That building components used in construction for all units on the
severed and retained lands be in compliance with the Ontario Building
Code (OBC).
f. That the windows and doors used in the construction of the east fagade
(along Frederick Street) on the severed and retained lands have a
minimum STC rating of 31.
g. That the windows and doors used in the construction of the north and
south fagade (along Turner Avenue) on the severed lands have a
minimum STC rating of 30.
That the Owner makes satisfactory arrangements with the Director of
Engineering for payment towards future sidewalk installation along the Turner
Avenue (27.76 linear metres), at a rate of $129m2 (future sidewalk 2020 rate).
That the Transfer Easement document required to create the Easement being
approved herein shall include the following and shall be approved by the City
Solicitor in consultation with the City's Director of Planning:
Staff Report KNNh
uHL
16-,
Development Services Department wwwkitchener.ca
a. A clear and specific description of the purpose of the Easement and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost
sharing provisions related thereto);
b. A clause/statement/wording confirming that the Easement being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easement and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
Garett Stevenson, B.E.S., MCIP, RPP
Senior Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
Senior Planner
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
D20-20/19 KIT
February 7, 2020
Re: Comments for Consent Application B2020-005 through
B2020-009
Committee of Adjustment Hearing February 18, 2020
CITY OF KITCHENER
B2020-005 and B2020-006
826 Frederick Street
Dragoslov Kovacevic
The owner/applicant is proposing a severance to create two new residential lots. The
property has constructed a street fronting townhouse on the property that meets all
zoning requirements and was subject to Site Plan Approval SP17/124/F/CD. The
owner/applicant is also requesting an easement for access in favour of the proposed
retained lands.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created ($350.00 x 2 = $700.00) prior to final approval of the consent.
Environmental Noise:
Regional Staff advise that a detailed environmental noise study entitled "Road and Rail
Traffic Noise Impact Study 826 Frederick Street, Kitchener, Ontario" as prepared by
GHD Limited (June 2016) was completed and reviewed and accepted by Regional Staff.
The following recommendations of the above noise study with respect to transportation
noise will be required to be implemented through a registered agreement with the City
of Kitchener:
A) The owner hereby agrees that all dwellings on the severed and the retained
lots will be constructed as per recommendations of the noise report
Document Number: 3222973 Version: 1
entitled "Road and Rail Traffic Noise Impact Study 826 Frederick Street,
Kitchener, Ontario" dated June 09 as prepared by GHD Limited, and further
agrees that:
B) All Dwelling Units on the Severed and Retained Lands:
1. The dwelling units will be installed with forced air ventilation systems; suitably
designed and installed with a central air conditioning systems. The location,
installation and sound rating of the air conditioning device should comply with
NPC -216, Residential Air Conditioning Devices.
2. The following noise warning clauses will be included on all offers to purchase,
deed, and/or rental agreement:
Type A — "Purchasers/tenants are advised that sound levels due to
increasing road and rail traffic may occasionally interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Region of Waterloo Municipality and the Ministry of the
Environment Conservation and Parks (MECP)."
Type D — "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 interior sound levels are within the sound
level limits of the Region of Waterloo Municipality and the Ministry of the
Environment Conservation and Parks (MECP)."
3. For all units, building components used in construction must be in compliance
with the Ontario Building Code.
4. Windows and doors used in the construction of the east facade (along
Frederick Street) must have a minimum STC rating of 31.
5. Windows and doors used in the construction of the north and south facade
(along Turner Avenue) must have a minimum STC rating of 30.
C) Implementation:
6. An acoustical engineer or Municipal Building Official will be required to certify
that the building plans include all required noise control, including the
installation of central air conditioning prior to issuance of a building permit.
Document Number: 3222973 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) That prior to final approval, the owner/applicant enter into an agreement with the
City of Kitchener for all units on the severed and retained lands to implement the
required noise mitigation and warning clauses in all agreements of Offers of
Purchase and Sale, lease/rental agreements:
The owner hereby agrees that all dwellings on the severed and the
retained lots will be constructed as per recommendations of the noise
report entitled "Road and Rail Traffic Noise Impact Study 826 Frederick
Street, Kitchener, Ontario" dated June 09 as prepared by GHD Limited..-
ii.
imited.:
ii. All dwelling units will be installed with forced air ventilation systems,-
suitably
ystems,suitably designed and installed with a central air conditioning systems.
The location, installation and sound rating of the air conditioning device
should comply with NPC -216, Residential Air Conditioning Devices.
iii. "Purchasers/tenants are advised that sound levels due to increasing road
and rail traffic may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of
the Region of Waterloo Municipality and the Ministry of the Environment
Conservation and Parks (MECP)."
iv. "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 interior sound levels are within the sound level
limits of the Region of Waterloo Municipality and the Ministry of the
Environment Conservation and Parks (MECP)."
V. That building components used in construction for all units on the severed
and retained lands be in compliance with the Ontario Building Code
(OBC).
vi. That the windows and doors used in the construction of the east fagade
(along Frederick Street) on the severed and retained lands have a
minimum STC rating of 31.
vii. That the windows and doors used in the construction of the north and
south fagade (along TurnerAvenue) on the severed lands have a
minimum STC rating of 30.
Document Number: 3222973 Version: 1
B2020-007 through B2020-009
28 Burgetz Avenue
MB Future Homes Ltd.
The owner/applicant is proposing severances to create four (4) new residential lots.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created ($350.00 x 4 = $1,400.00) prior to final approval of the consent.
Archaeological Assessment:
Regional Staff advise that the subject property possesses the potential for the recovery
of archaeological resources. Regional Staff will not require an Archaeological
Assessment, however, the owner/applicant should be made aware that:
If archaeological resources are discovered during the development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage, Tourism,
Sport 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.
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.
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,
Matthew Colley, Planner
Document Number: 3222973 Version: 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: February 7, 2020 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2020-009
120, 130 & 140 King St W, 31
A 2020-010
25 Wellington Street North
A 2020-011
23 Forfar Avenue
A 2020-012
1333 Weber Street East
A 2020-013
544 Bridgeport Road
A 2020-014
2121 Hidden Valley Crescent
A 2020-015-018
28 Burgetz Avenue
Applications for Consent:
B 2020-005 826 Frederick Street
B 2020-006 826 Frederick Street
B 2020-007-009 28 Burgetz Avenue
Young St & 55 Duke St W
GRCA COMMENT:
The above -noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1
and mandate of the Grand River Conservation Authority.
Staff Report
vex
Development Services Department wwwkitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 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: 2
DATE OF REPORT: February 10, 2020
REPORT NUMBER: DSD -20-030
SUBJECT: A2020-015, A2020-016, A2020-017, A2020-018
B2020- 007, B2020-008, B2020-009
28 Burgetz Avenue
Owner — MB Future Homes Ltd.
Approve with Conditions
Location Map: 28 Burgetz Avenue
Report:
The subject property is located at 28 Burgetz Avenue. The Owner received approval of a Consent
Application in May 2019 to sever a two-storey log house from the lands that are subject of this
application. The 2019 consent was approved and work is progressing. As contemplated in the 2019
application, the owner is now proposing to further sever the retained lands into lots for semi-detached
dwellings. The subject lands are located in a low rise residential neighbourhood and Burgetz Avenue
has been developed with semi-detached dwellings on both sides. The lands back onto a former
Catholic elementary school site which is currently vacant and the school has been demolished.
Staff Report
Development Services Department
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wwwkitchener.ca
Image 1: Dwelling at 28 Burgetz Avenue under renovation (photo taken April 24, 2019)
Image 2: Subject lands with renovated farmhouse (photo taken January 17, 2020)
Staff Report
Development Services Department
vex
wwwkitchener.ca
Through detailed review of the applications, it was identified that a number of the lot areas and lot
widths were misstated on the plan submitted with the application. The applicant has confirmed the
correct lot sizes as per the severance plan below.
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Application #'s
Variance to Lot Width:
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Lot 1
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e a lot width of 6.89 m rather
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than the required 7.5 m;
than the required 235
m2
Lot 2
B2020
- 008
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• a lot area of 202.4 m2.
rather
(severed)
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than the required 235
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Lot 3
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- 009
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Image 3: Revised Severance Plan (with corrected dimensions)
Staff recommends that the applications be amended so that the requested lot sizes and associated
variances are as follows:
Application #'s
Variance to Lot Width:
Variance to Lot Area:
Lot 1
B2020
- 007
e a lot width of 6.89 m rather
• a lot area of 201.7 m2
rather
(severed)
A2020
- 015
than the required 7.5 m;
than the required 235
m2
Lot 2
B2020
- 008
e a lot width of 6.99 m rather
• a lot area of 202.4 m2.
rather
(severed)
A2020
- 016
than the required 7.5 m;
than the required 235
m2
Lot 3
B2020
- 009
e a lot width of 6.87 m rather
• a lot area of 197 m2
rather
(severed)
A2020
- 017
than the required 7.5 m;
than the required 235
m2
Lot 4
A2020
- 018
e a lot width of 6.71 m rather
• a lot area of 207.8 m2
rather
(retained)
than the required 7.5 m;
than the required 235
m2
Staff Report
Development Services Department
wwwkitchener. c a
Planning Analysis
The subject lands are designated as Low Rise Residential in the Official Plan and zoned
Residential Four Zone (R-4). The zoning and designation permit the proposed semi-detached
dwellings. The owner is proposing minor variances to permit a reduced lot width and lot area for
each proposed lot. The proposed building footprints are shown on the severance sketch. For
purposes of the minor variance analysis staff has provided one analysis for all variance requests
as the discussion and comments are consistent.
Minor Variance Applications
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments.
1. General Intent of the Official Plan
The Low Rise Residential designation supports a range and mix of low rise residential housing
types including semi-detached dwellings. Where infill housing is proposed, Official Plan Policies
reflect on compatibility of the built form. Burgetz Ave is developed predominantly with 1 1/2 and
2 storey semi-detached dwellings, on lots having variable widths, and built in a number of
architectural styles over more than one time period. Staff is of the opinion that additional semi-
detached dwellings are appropriate and compatible with the surrounding neighbourhood. Staff is
of the opinion that the general intent of the Official Plan is maintained.
2. General Intent of the Zoning By-law
The applicant is applying for minor variances for each proposed lot to permit a reduced lot width
and lot area. The exact requests are summarized in the chart above. Both lot width and lot area
are regulations that control lot sizes, and the intent of the By-law is to ensure that lots are
adequately sized for the proposed built form. The applicant has provided a conceptual building
footprint on the proposed severance sketch to illustrate the size and placement of the proposed
semi-detached dwellings on the lots. Staff has reviewed these plans and can confirm that the
proposed buildings will comply with setback regulations, maximum lot coverage regulations,
parking requirements, and garage regulations, including maximum garage width as a percentage
of the front fagade. While the semi-detached dwellings are proposed to be narrow units, staff is
satisfied that the lots are suitably sized for the proposed built form. Staff is of the opinion that the
general intent of the Zoning By-law is maintained.
3. Applications are Minor
The owner has demonstrated that the semi-detached dwellings can be constructed to comply with
all other By-law regulations on the proposed lots. While the units are narrow, they are functional
and staff is of the opinion that the proposed variances are minor.
4. Applications are Appropriate
The proposed variances provide for the construction of two pairs of semi-detached houses which
is consistent with the built form along Burgetz Avenue (save and expect for the log farmhouse).
The owner has demonstrated that the proposed dwellings will conform to other zoning by-law
regulations including setbacks, maximum lot coverage, and maximum width of the garage fagade.
The front yard setback of the proposed semi-detached dwellings is consistent with the setback of
the retained log house, and while this is not a RIEN's area, maintenance of the setbacks helps to
create a consistent streetscape. Staff is of the opinion that the variances are appropriate for the
development and use of the lands.
Staff Report KNNh
uHL
16-,
Development Services Department wwwkitchener.ca
Based on the foregoing, Planning staff recommends that Minor Variance Applications A2020-015,
A2020-016, A2020-017 and A2020-018 be approved.
Proposed Consent Applications:
The subject consent applications further subdivide lands previously considered by the Committee
in May 2019 (82019-020). A number of conditions of approval were applied to the 2019 decision
and several, including those related to designation of the Heritage farmhouse, are recommended
to be carried forward to the subject applications to ensure that they are fulfilled.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severances conform to
the City's Official Plan and the configuration of the proposed lots will comply with the regulations
of the Residential Four (R-4) zone, subject to the associated variances being approved. The
configuration of the proposed lots is compatible with the existing community, and appropriate and
suitable for the development of the lands. The lots front on an established public street, and the
lots can be serviced with independent and adequate service connections to municipal services.
Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement
and conforms to the Growth Plan for the Greater Golden Horseshoe.
Based on the foregoing, Planning staff recommends that Consent Applications B2020-007,
B2020-008, B2020-009 requesting consent to sever the subject property be approved subject to
the conditions listed in the Recommendations section of this report.
Heritage Comments:
Through Consent application B2019-020, a Heritage Impact Assessment and Conservation Plan
was completed for the retained lands which contain an early 19th century log house. Conditions
of the approval of B2019-020 require that the log house be designated following the restoration
and conservation works as outlined in the Conservation Plan. The Heritage Impact Assessment
concluded that the cultural heritage value or interest of the property pertains to the log house and
that the contextual value of the property has been lost through development of the surrounding
community. As such, there are no concerns with the development of the lands adjacent to the log
house and no further conditions are recommended.
Environmental Planning Comments:
The applicant is advised that the Tree Management Policy will apply at the time of the redevelopment
of the retained lands. The Owner is required to enter into an agreement to be registered against title
of the subject lands, which requires the preparation of a Tree Preservation Plan prior to initiation of
site works.
Building Comments:
The Building Division has no objections to the proposed consent.
The owner is advised that:
• Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental
Specifications for Municipal Services (DGSSMS) allows only one service per lot.
• Separate building permit(s) will be required for the demolition of all existing buildings, as well
as construction of all new residential buildings.
Staff Report KN x
Development Services Department wwwkitchener.ca
Transportation Comments:
Transportation Services has no concerns with the subject applications.
Engineering Comments:
Engineering Services has no concern with the proposed variances.
The following comments are provided with respect to the proposed consents:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new services that may be required to service these
properties, all prior to severance approval. Our records indicate municipal services are
available for the proposed properties. Any further enquiries in this regard the services
should be directed to Trevor Jacobs (519-741-2200 ext. 7136).
• Any new driveways are to be built to City of Kitchener standards. All works is at the
owner's expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM
etc.) with corresponding layer names and asset information to the satisfaction of the
Engineering Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by
gravity to the street sewers. If this is not the case, then the owner would have to pump
the sewage via a pump and forcemain to the property line and have a gravity sewer from
the property line to the street.
Operations Parks Comments:
Parkland dedication for the subject lands was requested as a condition of consent application
B2019-020. Records indicate the cash -in -lieu contribution has not been collected. The cash -in -
lieu amount of $11,635.70 represents the balance owed.
RECOMMENDATIONS:
Minor Variance Applications:
A. That Application A2020-015 (for proposed Lot 1) requesting relief from s. 38.2.2 to
permit a semi-detached house to have a minimum lot width of 6.8 metres rather than
7.5 metres, and to have a minimum lot area of 201.7 square metres, rather than 235
square metres, be approved.
B. That Application A2020-016 (for proposed Lot 2) requesting relief from s. 38.2.2 to
permit a semi-detached house to have a minimum lot width of 6.9 metres rather than
7.5 metres, and to have a minimum lot area of 202.4 square metres, rather than 235
square metres, be approved.
Staff Report KN x
Development Services Department wwwkitchener.ca
C. That Application A2020-017 (for proposed Lot 3) requesting relief from s. 38.2.2 to
permit a semi-detached house to have a minimum lot width of 6.8 metres rather than
7.5 metres, and to have a minimum lot area of 197.0 square metres, rather than 235
square metres, be approved.
D. That Application A2020-018 (for proposed Lot 4 — retained) requesting relief from s.
38.2.2 to permit a semi-detached house to have a minimum lot width of 6.7 metres
rather than 7.5 metres, and to have a minimum lot area of 207.8 square metres, rather
than 235 square metres, be approved.
Consent ADDlications:
E. That applications B2020-007, B2020-008 and B2020-009 requesting consent to sever
Lot 1 having a width of 6.89 metres and an area of 201.7 square metres, Lot 2 having a
width of 6.99 metres and an area of 202.4 square metres, and Lot 3 having a width of
6.87 metres and an area of 197.0 square metres, from 28 Burgetz Avenue, be approved
subject to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property to the satisfaction
of the City's Revenue Division.
2. That the Owner provide a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full size paper copies of the plan(s). The digital file needs to be
submitted according to the City of Kitchener's Digital Submission Standards to
the satisfaction of the City's Mapping Technologist.
3. That the Owner receive approval of the draft reference plan, from the City's
Director of Planning.
4. That Minor Variance Applications A2020-015, A2020-016, A2020-017 and A2020-
018 receive final approval.
5. That Consent Applications B2020-007, B2020-008 and B2020-009 must all be finally
approved. The Owner agrees that all the above noted consents must be included
on the same reference plan, and that the reference plan and draft transfer must be
submitted for approval by the City's Solicitor prior to endorsement of the deed(s).
6. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal in the amount of $11,635.70.
7. That the Owner provide a Servicing Plan showing outlets to the municipal
servicing system to the satisfaction of the City's Director of Engineering
Services for the severed and retained lands.
Staff Report KN x
Development Services Department wwwkitchener.ca
8. That the owner make financial arrangements to the satisfaction of the City's
Director of Engineering Services, for the installation of all new service
connections and the removal of redundant services to the severed lands and
retained lands.
9. That the Owner submit a complete Development and Reconstruction As -
Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S.
3150) together with a digital submission of all AutoCAD drawings required for
the site (Grading, Servicing etc.) with the corresponding correct layer names
and numbering system to the satisfaction of the City's Director of Engineering
Services for the retained lands.
10. That the Owner makes arrangements financial or otherwise for the relocation of
any existing City -owned street furniture, signs, hydrants, utility poles, wires or
lines, as required, to the satisfaction of the appropriate City department.
11. That the owner make arrangements to the satisfaction of the City's Director of
Engineering Services for the installation, to City standards, of boulevard
landscaping, closure of the redundant driveway ramp on the retained lands and
installation of a new driveway ramp on the severed lands.
12. That the Owner provides confirmation that the basement elevation of the house
can be drained by gravity to the street sewers, to the satisfaction of the Director
of Engineering Services. Where this cannot be achieved, the owner is required
to pump the sewage via a pump and forcemain to the property line and have a
gravity sewer from the property line to the street, at the cost of the Owner.
13. That the Owner receive approval of the Heritage Impact Assessment dated
March 2018 and the Conservation Plan dated July 2018 and prepared by MHBC
Planning Limited, for 28 Burgetz Avenue, from the City's Director of Planning.
14. That the owner shall enter into an agreement with the City of Kitchener to be
prepared by the City Solicitor and registered on title of the parcel containing the
log house, which shall include the following:
a) That following the completion of building renovations contemplated under
Building Permit 19-101721, the Owner agrees that the property containing
the log house be designated under Part IV of the Ontario Heritage Act.
Staff Report
Development Services Department
15. That the owner shall enter into a
prepared by the City Solicitor and
shall include the following:
KN- 16NER
wwwkitchener. c a
n agreement with the City of Kitchener to be
registered on title of Lots 1, 2, 3 and 4 which
"That prior to any grading, tree removal, or the application for or issuance of a
building permit, the owner shall submit a Tree Preservation Plan in accordance
with the City's Tree Management Policy. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone,
landscaped area and vegetation to be preserved and must be prepared by
qualified consultants, to the satisfaction of the City's Director of Planning. The
owner further agrees to implement the approved plans. No changes to the
plans shall be granted except with the prior approval of the City's Director of
Planning."
Katie Anderl, MCIP, RPP
Senior Planner
Attachments:
A — Revised Severance Plan
Juliane von Westerholt, MCIP, RPP
Senior Planner
Staff Report
Development Services Department
Appendix A — Revised Severance Plan
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Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
D20-20/19 KIT
February 7, 2020
Re: Comments for Consent Application B2020-005 through
B2020-009
Committee of Adjustment Hearing February 18, 2020
CITY OF KITCHENER
B2020-005 and B2020-006
826 Frederick Street
Dragoslov Kovacevic
The owner/applicant is proposing a severance to create two new residential lots. The
property has constructed a street fronting townhouse on the property that meets all
zoning requirements and was subject to Site Plan Approval SP17/124/F/CD. The
owner/applicant is also requesting an easement for access in favour of the proposed
retained lands.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created ($350.00 x 2 = $700.00) prior to final approval of the consent.
Environmental Noise:
Regional Staff advise that a detailed environmental noise study entitled "Road and Rail
Traffic Noise Impact Study 826 Frederick Street, Kitchener, Ontario" as prepared by
GHD Limited (June 2016) was completed and reviewed and accepted by Regional Staff.
The following recommendations of the above noise study with respect to transportation
noise will be required to be implemented through a registered agreement with the City
of Kitchener:
A) The owner hereby agrees that all dwellings on the severed and the retained
lots will be constructed as per recommendations of the noise report
Document Number: 3222973 Version: 1
entitled "Road and Rail Traffic Noise Impact Study 826 Frederick Street,
Kitchener, Ontario" dated June 09 as prepared by GHD Limited, and further
agrees that:
B) All Dwelling Units on the Severed and Retained Lands:
1. The dwelling units will be installed with forced air ventilation systems; suitably
designed and installed with a central air conditioning systems. The location,
installation and sound rating of the air conditioning device should comply with
NPC -216, Residential Air Conditioning Devices.
2. The following noise warning clauses will be included on all offers to purchase,
deed, and/or rental agreement:
Type A — "Purchasers/tenants are advised that sound levels due to
increasing road and rail traffic may occasionally interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Region of Waterloo Municipality and the Ministry of the
Environment Conservation and Parks (MECP)."
Type D — "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 interior sound levels are within the sound
level limits of the Region of Waterloo Municipality and the Ministry of the
Environment Conservation and Parks (MECP)."
3. For all units, building components used in construction must be in compliance
with the Ontario Building Code.
4. Windows and doors used in the construction of the east facade (along
Frederick Street) must have a minimum STC rating of 31.
5. Windows and doors used in the construction of the north and south facade
(along Turner Avenue) must have a minimum STC rating of 30.
C) Implementation:
6. An acoustical engineer or Municipal Building Official will be required to certify
that the building plans include all required noise control, including the
installation of central air conditioning prior to issuance of a building permit.
Document Number: 3222973 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) That prior to final approval, the owner/applicant enter into an agreement with the
City of Kitchener for all units on the severed and retained lands to implement the
required noise mitigation and warning clauses in all agreements of Offers of
Purchase and Sale, lease/rental agreements:
The owner hereby agrees that all dwellings on the severed and the
retained lots will be constructed as per recommendations of the noise
report entitled "Road and Rail Traffic Noise Impact Study 826 Frederick
Street, Kitchener, Ontario" dated June 09 as prepared by GHD Limited..-
ii.
imited.:
ii. All dwelling units will be installed with forced air ventilation systems,-
suitably
ystems,suitably designed and installed with a central air conditioning systems.
The location, installation and sound rating of the air conditioning device
should comply with NPC -216, Residential Air Conditioning Devices.
iii. "Purchasers/tenants are advised that sound levels due to increasing road
and rail traffic may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of
the Region of Waterloo Municipality and the Ministry of the Environment
Conservation and Parks (MECP)."
iv. "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 interior sound levels are within the sound level
limits of the Region of Waterloo Municipality and the Ministry of the
Environment Conservation and Parks (MECP)."
V. That building components used in construction for all units on the severed
and retained lands be in compliance with the Ontario Building Code
(OBC).
vi. That the windows and doors used in the construction of the east fagade
(along Frederick Street) on the severed and retained lands have a
minimum STC rating of 31.
vii. That the windows and doors used in the construction of the north and
south fagade (along TurnerAvenue) on the severed lands have a
minimum STC rating of 30.
Document Number: 3222973 Version: 1
B2020-007 through B2020-009
28 Burgetz Avenue
MB Future Homes Ltd.
The owner/applicant is proposing severances to create four (4) new residential lots.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created ($350.00 x 4 = $1,400.00) prior to final approval of the consent.
Archaeological Assessment:
Regional Staff advise that the subject property possesses the potential for the recovery
of archaeological resources. Regional Staff will not require an Archaeological
Assessment, however, the owner/applicant should be made aware that:
If archaeological resources are discovered during the development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage, Tourism,
Sport 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.
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.
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,
Matthew Colley, Planner
Document Number: 3222973 Version: 1
Region of Waterloo
January 29, 2020
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
2) 55 DUKE STREET WEST ANDRIN CITY
CENTRE PHASE II
5) 1333 WEBER STREET EAST PAMATA
HOSPITALITY INC
6) 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2020-008 — 141 Whitney Place — No Concerns.
2) A 2020-009 — 120, 130, 140 King Street West; 31 Young Street and 55 Duke
Street — No Concerns.
3) A 2020-010 — 25 Wellington Street North — No Concerns.
4) A 2020-011 — 23 Forfar Avenue — No Concerns.
5) A 2020-012 — 1333 Weber Street East — No Concerns.
6) A 2020-013 — 544 Bridgeport Road — No Concerns.
7) A 2020-014 — 2121 Hidden Valley Crescent — No Concerns.
8) A 2020-015, 016, 017 & 018 — 23 Burgetz Avenue — No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
Document Number: 3186251
Page 1 of 2
comments contained in this letter pertain to the Application numbers listed above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: February 7, 2020 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2020-009
120, 130 & 140 King St W, 31
A 2020-010
25 Wellington Street North
A 2020-011
23 Forfar Avenue
A 2020-012
1333 Weber Street East
A 2020-013
544 Bridgeport Road
A 2020-014
2121 Hidden Valley Crescent
A 2020-015-018
28 Burgetz Avenue
Applications for Consent:
B 2020-005 826 Frederick Street
B 2020-006 826 Frederick Street
B 2020-007-009 28 Burgetz Avenue
Young St & 55 Duke St W
GRCA COMMENT:
The above -noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1
and mandate of the Grand River Conservation Authority.