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HomeMy WebLinkAboutCA Agenda - 2020-08-18COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA August 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 electronically on TUESDAY, August 18, 2020 commencing at 10:00 a.m. as an electronic meeting for the purpose of hearing the following applications for Minor Variance and/or Consent. 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 register to participate electronically as a delegation or submit comments for Committee consideration. Please note this electronic meeting is a public meeting and will be recorded. PLEASE NOTE: Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is only open for select services. Members of the public are invited to watch in this meeting electronically by accessing the meeting live -stream video at kitchener.ca/watch now. Information on how you can participate or submit written comments for any matter on this agenda are provided below. HOW TO PARTICIPATE: ➢ All applications must be represented by an applicant or agent to be considered by the Committee. Please follow the registration information as listed below to confirm the most up-to-date contact information. As in-person meetings are not an option at this time, you can view or participate in a meeting as follows: • To participate you can register no later than 4:00 p.m. on Monday August 17, 2020. To register please email Dianna. Saunderson(c)-kitchener.ca or via phone at 519-741-2203. When registering you must provide your full contact name including mailing address, email address, phone number and application you would like to comment on. Once you are registered you will receive an email including information on how to connect to the Zoom meeting (i.e. weblink of conference call number); • You can provide a written submission no later than 8:30 a.m. Tuesday August 18, 2020, which would be circulated to the Committee for consideration. All written submissions MUST include your full name, mailing address, phone number and email address if possible. Failure to include your contact information will prevent it from being circulated to the Committee. Even if you are unsure whether you would like to speak but would rather listen and watch the meeting with the option to comment on a particular application, please register with the Secretary -Treasurer (information provided above). You will not be required to speak if you choose not to. Copies of written submissions and public agencies' comments are available 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. Page 1 of 4 APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2020-029 - 293 King Street East Permission to construct a 3 -storey mixed-use building containing 8 residential units and 1 commercial unit having 0 off-street parking spaces rather than the required 1 off-street parking space for an 8 -unit multi - residential dwelling with a parking rate of 0.165 spaces per unit, for dwellings not exceeding 51 sq.m. in floor area and 2 parking spaces for a commercial space at a rate of 1 space per 40 sq.m.; and, to permit a Floor Space Ratio (FSR) of 2.1 rather than the maximum permitted FSR of 2.0. A 2020-030 - 366 Rivertrail Avenue Permission to construct a single detached dwelling having a driveway located 7.94m from the intersection of Valleybrook Drive and Rivertrail Avenue rather than the required setback of 9m. A 2020-031 - 10 Martin Street Permission to construct an addition in the rear yard of an existing single detached dwelling having an easterly side yard setback of 0.6m rather than the required 1.2m. The existing rear yard addition will be demolished. A 2020-033 - 210 Rivertrail Avenue Permission to construct a single detached dwelling having a westerly side yard setback of 0.82m rather than the required 1.2m. A 2020-034 - 25 Shanley Street Permission to construct an accessory building in the rear yard of an existing single detached dwelling and for the accessory building to have a maximum height of the underside of the facia of 4.8m rather than a maximum height of 3m. A 2020-035 - 371 Biehn Drive Permission to construct an addition on the existing garage of a single detached dwelling having a side yard setback of 2.5m abutting Spencer Court rather than the required 4.5m. A 2020-036 - 1643 Bleams Road Permission for relief from the required Holding Provision (24HSR), which does not allow a building permit to be issued prior to municipal services being available on site, to allow construction of a pavilion having 2 washrooms and associated covered picnic area without providing full municipal services. The site currently contains septic and well services. A 2020-037 - 886 Strasburg Road Permission to convert the garage into living space on an existing duplex having the 2 required off-street parking spaces located 2m from the property line rather than the required 6m; and, having a driveway width of 8m rather than the permitted maximum 7.5m. A 2020-038 - 121 Grand Flats Trail Permission to construct a single detached dwelling having a westerly side yard setback of 1.25m rather than the required 1.5m. A 2020-039 - 52 Helena Feasby Street Permission to construct an addition in the rear yard yard setback of 5.55m rather than the required 7.5m. of an existing single detached dwelling having a rear Page 2 of 4 A 2020-040 - 251 Margaret Avenue Permission to convert a single detached dwelling into a duplex having a southerly side yard abutting Guelph Street of 2.86m rather than the required 4.5m; a lot width of 11.4m rather than the required 15m; having the required off-street parking space located 3.5m from the property line rather than the required 6m; having 2 off-street parking spaces at the rear of the dwelling located partially within the side yard whereas the By-law does not permit parking within a side yard; and, having the driveway located 2.68m within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. The existing carport is intended to be removed. A 2020-041 - 56 Wilhelm Street Permission to construct an addition in the rear yard of an existing single detached dwelling having a side yard abutting Hett Street of 1.39m rather than the required 4.5m; to permit parking to be located within 6m of the property line whereas the By-law does not permit parking within the 6m setback; to legalize an existing driveway to be located 4.5m from the intersection of Hett Avenue and Wilhelm Street rather than the required 9m; and, to legalize an existing driveway located 3m within the 7.5m Corner Visibility Triangle (CVT), whereas the By-law does not allow encroachment into the CVT. FAKIN11911 EI Permission to construct a second storey addition on an existing single detached dwelling having an easterly side yard setback of 0.8m rather than the required 1.2m. B 2020-024 - 124 Walker Street Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 8.68m, a depth of 31.09m and an area of 270 sq.m. The retained land will have a width of 8.68m, a depth of 31.09m and an area of 270 sq.m. B 2020-020 to B 2020-023 and A 2020-042 - 940, 944 and 948 Chapel Hill Court and 17 Stafford Lane The subject applications are intended to facilitate the residential development on Chapel Hill Court. B 2020-020 & A 2020-042 - 948 Chapel Hill Court Permission to sever a parcel of land identified as `Part 1' on the plan submitted with the application at the rear of 948 Chapel Hill Court having a width of 24.8m and a depth of 3.2m to be conveyed as a lot addition to the property municipally addressed as 17 Stafford Lane. A minor variance is also being requested for 948 Chapel Hill Court to permit construction of a single detached dwelling having a rear yard setback of 6m rather than the required 7.5m. B 2020-021 - 944 Chapel Hill Court Permission to sever a triangular parcel of land identified as `Part 2' on the plan submitted with the application at the rear of 944 Chapel Hill Court having a width of 9.2m to be conveyed as a lot addition to the property municipally addressed as 17 Stafford Lane. B 2020-022 - 17 Stafford Lane Permission to sever a triangular parcel of land identified as `Part 3' on the plan submitted with the application at the rear of 17 Stafford Lane having a width of 2.3m to be conveyed as a lot addition to the property municipally addressed as 944 Chapel Hill Court. B 2020-023 - 17 Stafford Lane Permission to sever a triangular parcel of land identified as `Part 4' on the plan submitted with the application at the rear of 17 Stafford Lane having a width of 22.5m and an easterly depth of 5.8m to be conveyed as a lot addition to the property municipally addressed as 940 Chapel Hill Court. Page 3 of 4 B 2020-025 & A 2020-043 - 285 Connaught Street Permission to sever a parcel of land at the rear of the subject property having a width of 15.24m, a depth of 16.655m, and an area of 253 sq.m. to be conveyed as a lot addition to the adjacent property municipally addressed as 153 Fifth Avenue. The retained lot will have a width on Connaught Street of 16.459m, a depth of 24.994m and an area of 413 sq. m. Permission is also being requested for a minor variance for the existing single detached dwelling to have a rear yard setback of 5.97m rather than the required 7.5m. CC 2020-001 - 75 Tillsley Drive Permission is being requested to modify Condition 3 and remove Condition 4 of Provisional Consent decision B 2019-011 granted by the Committee of Adjustment on April 16, 2019, which currently prohibits the applicants' ability to obtain their Certificate of Consent. • 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 online Council and Committee calendar; 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 31 st day of July 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 JULY 31, 2020. Page 4 of 4 Staff Report Development Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: August 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: August 6, 2020 REPORT #: DSD-20-080 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 west towards Fischer -Hallman Road REPORT Planning Comments: Background: The subject applications were first 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 objected to a number of Regional staff conditions, particularly those related to the design and financing of a roundabout access on Fischer -Hallman Road, near the south end of the site. This roundabout would facilitate the proposed site plan development of the subject lands. The Committee decided to defer the application pending further discussions between the Regional staff, the applicant, and City staff. These discussions occurred, and the result was that Regional staff decided to maintain the general intent of its recommended conditions. On February 18, 2020, the Committee considered the applicant's ongoing concerns regarding Regional staff's conditions as well as Regional staff's comments. The Committee decided to defer the application once again, to the May 19, 2020 Committee of Adjustment meeting, to allow the applicant and Regional staff an additional opportunity to discuss the conditions. On March 3, 2020, the Region's Planning and Public Works Committee (PPWC) heard a delegation by the applicant regarding the applicant's roundabout concerns. The PPWC recommended to allow the applicant's request for a traffic signal access and not require the construction of a roundabout. Regional Council ratified this decision on March 11, 2020. Accordingly, on May 25, 2020, Regional staff provided City Planning staff with updated comments that reflect the position of Regional Council. 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 within the Rosenberg Secondary Plan and are mostly located to the northeast and contains a range of uses, institution. Planning staff visited the site on June 16, 2020. are designated High Density Residential undeveloped. Huron Business Park is including industrial, office, and religious 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 local developer. A hearing was held in August 2019 and a decision was delivered on March 31, 2020 to dismiss the appeal. Site Plan Application On July 10, 2020, the owner received Approval in Principle of Site Plan Application SP18/083/F/AP for the first phase of development, described above. The Site Plan also includes development of private roads into the site from Bleams Road and Fischer -Hallman Road. Consent Application At this time, the owner is requesting approval of the subject consent application in order to assist in implementing the above noted development. The subject consent application would divide the property in to 4 lots, thereby allowing other developers to own and develop different areas of the lands. 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 he4ew lot Lot Lot Area in Lot Existing Proposed numbers below Type Hectares Frontage (B Use Use correspond to the easement) = Bleams; F identification purposes only. lots shown on the These specific easements will be = Fischer - severance sketch Hallman approval 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 be4sw easement Easement Servient Lot (i.e., Dominant Lot(s) numbers below do not Purpose the lot that is (i.e., the lot that correspond to the severance subject to the benefits from the sketch, and are provided for easement) easement) identification 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 through approval conditions 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. 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 zoning that was recently approved by LPAT, the property is suitable for the purposes for which it is to be severed. 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 will facilitate the Site Plan that has now received Approval in Principle. In addition, through the Site Plan, adequate utilities and municipal services will be provided to the resultant lots. Planning staff recommends a condition to require that the Section 41 Development Agreement for the above referenced Site Plan 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 recommends 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: See Appendix B. 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, as shown on the consent sketch, attached) 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 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. 5. That the Owner submits and obtains 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. 6. That the Owner provides 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. 7. That the Owner establishes blanket easements for any additional shared facilities (e.g., parking), to the satisfaction of the City's Director of Planning and City Solicitor. 8. 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 9. That the owner shall provide a satisfactory Solicitor's Undertaking to register the approved Transfer Easements to immediately thereafter provide copies thereof to the City Solicitor. 10. 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. 11. That the owner shall 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. 12. That the owner prepares a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 13. That the owner prepares and submits 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. 14. 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. 15. a. That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to secure implementation of the recommendations of the noise study entitled, "Noise Feasibility Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road, Kitchener, Ontario" (HGC Engineering, June 11, 2020), as it applies to the retained parcel described as Lot 2 on Consent Applications B2020-001 to B2020-004, all to the satisfaction of the Region of Waterloo. b. That prior to final approval, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the severed parcel described as Lot 1 on Consent Application B2020-001; and furthermore, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the recommendations of the noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener. c. That prior to final approval, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the severed parcel described as Lot 3 on Consent Application B2020-002; and furthermore, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the recommendations of the noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener. 16. Notwithstanding the above -stated condition, the owner/applicant is required to enter into a development agreement with the City of Kitchener to include the following warning clause in any offers to purchase and/or rental agreements for the severed parcels described as Lot 1 and 3 on Consent Applications B2020- 001 and B2020-002: "Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and industrial facilities, the sound from which may at times be audible. " 17. That prior to final approval, the owner/applicant submit a final Stormwater Management Report and Chloride Impact Assessment to the satisfaction of the Region of Waterloo. 18. 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. 19. 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. 20. 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. 21. 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 (traffic control signal), to the satisfaction of the Region. 22. 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 permanent 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. B. That Consent Application B2020-002 requesting consent to create easements over the retained lot (i.e., Lot 2, as shown on the consent sketch, attached) for access, stormwater, and servicing, 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(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 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. 5. That the Owner submits and obtains 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. 6. That the Owner provides 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. 7. 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. 8. 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 9. That the owner shall provide a satisfactory Solicitor's Undertaking to register the approved Transfer Easements to immediately thereafter provide copies thereof to the City Solicitor. 10. 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. 11. That the owner shall 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. 12. That the owner prepares a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 13. That the owner prepares and submits 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. 14. 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. 15. a. That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to secure implementation of the recommendations of the noise study entitled, "Noise Feasibility Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road, Kitchener, Ontario" (HGC Engineering, June 11, 2020), as it applies to the retained parcel described as Lot 2 on Consent Applications B2020-001 to B2020-004, all to the satisfaction of the Region of Waterloo. b. That prior to final approval, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the severed parcel described as Lot 1 on Consent Application B2020-001; and furthermore, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the recommendations of the noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener. c. That prior to final approval, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the severed parcel described as Lot 3 on Consent Application B2020-002; and furthermore, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the recommendations of the noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener. 16. Notwithstanding the above -stated condition, the owner/applicant is required to enter into a development agreement with the City of Kitchener to include the following warning clause in any offers to purchase and/or rental agreements for the severed parcels described as Lot 1 and 3 on Consent Applications B2020- 001 and B2020-002: "Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and industrial facilities, the sound from which may at times be audible. " 17. That prior to final approval, the owner/applicant submit a final Stormwater Management Report and Chloride Impact Assessment to the satisfaction of the Region of Waterloo. 18. 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. 19. 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. 20. 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. 21. 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 (traffic control signal), to the satisfaction of the Region. 22. 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 permanent 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. C. That Consent Application B2020-003 requesting consent to: a. create a new lot (i.e., Lot 3, as shown on the consent sketch, attached) 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 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(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 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. 5. That the Owner submits and obtains 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. 6. That the Owner provides 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. 7. That the Owner establishes blanket easements for any additional shared facilities (e.g., parking), to the satisfaction of the City's Director of Planning and City Solicitor. 8. 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. 9. That the owner shall provide a satisfactory Solicitor's Undertaking to register the approved Transfer Easements to immediately thereafter provide copies thereof to the City Solicitor. 10. 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. 11. That the owner shall 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. 12. That the owner prepares a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 13. That the owner prepares and submits 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. 14. 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. 15. a. That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to secure implementation of the recommendations of the noise study entitled, "Noise Feasibility Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road, Kitchener, Ontario" (HGC Engineering, June 11, 2020), as it applies to the retained parcel described as Lot 2 on Consent Applications B2020-001 to B2020-004, all to the satisfaction of the Region of Waterloo. b. That prior to final approval, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the severed parcel described as Lot 1 on Consent Application B2020-001; and furthermore, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the recommendations of the noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener. c. That prior to final approval, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the severed parcel described as Lot 3 on Consent Application B2020-002; and furthermore, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the recommendations of the noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener. 16. Notwithstanding the above -stated condition, the owner/applicant is required to enter into a development agreement with the City of Kitchener to include the following warning clause in any offers to purchase and/or rental agreements for the severed parcels described as Lot 1 and 3 on Consent Applications B2020- 001 and B2020-002: "Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and industrial facilities, the sound from which may at times be audible. " 17. That prior to final approval, the owner/applicant submit a final Stormwater Management Report and Chloride Impact Assessment to the satisfaction of the Region of Waterloo. 18. 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. 19. 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. 20. 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. 21. That priorto 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 (traffic control signal), to the satisfaction of the Region. 22. 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 permanent 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. D. That Consent Application B2020-004 requesting consent to: a. create a new lot (i.e., Lot 4, as shown on the consent sketch, attached) 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 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(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 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. 5. That the Owner submits and obtains 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. 6. That the Owner provides 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. 7. That the Owner establishes blanket easements for any additional shared facilities (e.g., parking), to the satisfaction of the City's Director of Planning and City Solicitor. 8. 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. 9. That the owner shall provide a satisfactory Solicitor's Undertaking to register the approved Transfer Easements to immediately thereafter provide copies thereof to the City Solicitor. 10. 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. 11. That the owner shall 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. 12. That the owner prepares a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 13. That the owner prepares and submits 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 Director of Engineering Services. 14. 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. 15. a. That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to secure implementation of the recommendations of the noise study entitled, "Noise Feasibility Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road, Kitchener, Ontario" (HGC Engineering, June 11, 2020), as it applies to the retained parcel described as Lot 2 on Consent Applications B2020-001 to B2020-004, all to the satisfaction of the Region of Waterloo. b. That prior to final approval, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the severed parcel described as Lot 1 on Consent Application B2020-001; and furthermore, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the recommendations of the noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener. c. That prior to final approval, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the severed parcel described as Lot 3 on Consent Application B2020-002; and furthermore, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the recommendations of the noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener. 16. Notwithstanding the above -stated condition, the owner/applicant is required to enter into a development agreement with the City of Kitchener to include the following warning clause in any offers to purchase and/or rental agreements for the severed parcels described as Lot 1 and 3 on Consent Applications B2020- 001 and B2020-002: "Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and industrial facilities, the sound from which may at times be audible. " 17. That prior to final approval, the owner/applicant submit a final Stormwater Management Report and Chloride Impact Assessment to the satisfaction of the Region of Waterloo. 18. 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. 19. 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. 20. 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. 21. 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 (traffic control signal), to the satisfaction of the Region. 22. 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 permanent 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. Andrew Pinnell, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Attachments: • Appendix A - Consent Sketch submitted with application form • Appendix B — Region of Waterloo Comments, dated August 6, 2020 Appendix A r� ,pper RE RSpDOHP�m PTLAN 1471 CONSENT SKETCH CITY OF KITCHENER 1250, 1270, AND 1314 FISCHER HALLMAN ROAD WAM FISCHER HALLMAN G.P. BvAvs A0.0 .. _______—_____'— _ _ __'�--'� ---------- r ------r t .. .. II.. i L4NDS<T0 BE SEVERE rj 14ND EASEMENTS ...L.p:...' I LOT 1 r m9':Sw DEG4S1[iNS #1 and 44 r �U.'794ha 1-1.962ac I� . i _T N� 4 V Noi<FMPF 14 ; PAPT 6 4 K I L07 d AND PART OF LOT 2 REGISTRAR'S COMPILED PLAN 11471 w z CITY OF KITCHENER i 4 Rato,rL MX,EAXNY Or +e'nuLPa .I ,I �i �I '1 Y ' IXiQ"RAIM1XI NOTE a � � LC:4 iGCG rErlc M i,o..�....�... SWM1E+OP'S CFPTiICJ1E N, r Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: B2020-001 to B2020-004 Appendix B 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. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 6, 2020 Comments for Consent Application B2020-001 through B2020- 004 Committee of Adjustment Hearing August 18, 2020 CITY OF KITCHENER 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 was approved by LPAT on March 31, 2020. 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. 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 Feasibility 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. Regional Staff acknowledge that the owner/applicant has submitted an updated noise study entitled "Noise Feasibility Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road Kitchener, Ontario" authored by HGC Engineering (February 26, 2020. Regional Staff are currently reviewing the noise study in support of the removal of the holding provision. Implementation of the Study recommendations will need to be secured through the subject consent applications_ The submitted study does not address the development of the north parcel (Lot 1) and recommends a review of building plans at detailed design for the south residences (Lot 3) including the requirement for the owner/applicant to submit a detailed noise study for the proposed residential tower closest to Fischer -Hallman Road. Regional Staff will require the following items to be secured as conditions of final approval for the subject consent applications: • That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to secure implementation of the recommendations of the noise study entitled, "Noise Feasibility Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer - Hallman Road, Kitchener, Ontario" (HGC Engineering, June 11, 2020), as it applies to the retained parcel described as Lot 2 on Consent Applications B2020-001 to B2020-004, all to the satisfaction of the Region of Waterloo. • The owner/applicant enter into an agreement with the City of Kitchener and the Region of Waterloo to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the proposed severed parcels (Lot 1 and 3 on the identified consent sketch submitted in association with applications B2020-001 and B2020-002). Furthermore, the agreements shall include provision to enter into a further agreement to secure implementation of any study recommendations. The noise study must assess road traffic from Fischer -Hallman Road (RR958) 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 City of Kitchener as part of the consent applications, with respect to the warning clause noted below, which is applicable to the residential component of the development. This is a recommendation of the noise study, 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. Stormwater Management: Regional Staff require the owner/applicant to submit a final Stormwater Management Report and Chloride Impact Assessment 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 Council has directed that a traffic control signal be installed at the southerly site access on Fischer -Hallman Road, at the expense of the owner/applicant. 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 permanent 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. Regional Staff have no objections to the applications, subject to the following conditions: 2) 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. 3) a. That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to secure implementation of the recommendations of the noise study entitled, "Noise Feasibility Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road, Kitchener, Ontario' (HGC Engineering, June 11, 2020), as it applies to the retained parcel described as Lot 2 on Consent Applications B2020-001 to B2020-004, all to the satisfaction of the Region of Waterloo. b. That prior to final approval, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the severed parcel described as Lot 1 on Consent Application B2020-001; and furthermore, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the recommendations of the noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener. c. That prior to final approval, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the severed parcel described as Lot 3 on Consent Application B2020-002; and furthermore, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the recommendations of the noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener. 4) Notwithstanding the above -stated condition, the owner/applicant is required to enter into a development agreement with the City of Kitchener to include the following warning clause in any offers to purchase and/or rental agreements for the severed parcels described as Lot and 3 on Consent Applications B2020-001 and B2020-002: "Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and industrial facilities, the sound from which may at times be audible. " 5) That prior to final approval, the owner/applicant submit a final Stormwater Management Report and Chloride Impact Assessment to the satisfaction of the Region of Waterloo. 6) 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. 7) 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. 8) 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. 9) 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 W SP (April2018) provide a functional design for the proposed southerly access on Fischer -Hallman Road (traffic control signal), to the satisfaction of the Region. 10) 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 permanent 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; 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 N* 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. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 6, 2020 Re: Comments for Consent Application B2020-001 through B2020-004 Committee of Adjustment Hearing August 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 was approved by LPAT on March 31, 2020. 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: 3353104 Version: 3 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 Feasibility 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. Regional Staff acknowledge that the owner/applicant has submitted an updated noise study entitled "Noise Feasibility Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road Kitchener, Ontario" authored by HGC Engineering (February 26, 2020. Regional Staff are currently reviewing the noise study in support of the removal of the holding provision. Implementation of the Study recommendations will need to be secured through the subject consent applications. The submitted study does not address the development of the north parcel (Lot 1) and recommends a review of building plans at detailed design for the south residences (Lot 3) including the requirement for the owner/applicant to submit a detailed noise study for the proposed residential tower closest to Fischer -Hallman Road. Regional Staff will require the following items to be secured as conditions of final approval for the subject consent applications: That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to secure implementation of the recommendations of the noise study entitled, "Noise Feasibility Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road, Kitchener, Ontario" (HGC Engineering, June 11, 2020), as it applies to the retained parcel described as Lot 2 on Consent Applications B2020-001 to B2020-004, all to the satisfaction of the Region of Waterloo. The owner/applicant enter into an agreement with the City of Kitchener and the Region of Waterloo to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the proposed severed parcels (Lot 1 and 3 on the identified consent sketch submitted in association with applications B2020-001 and B2020-002). Furthermore, the agreements shall include provision to enter into a further agreement to secure implementation of any study recommendations. Document Number: 3353104 Version: 3 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 City of Kitchener as part of the consent applications, with respect to the warning clause noted below, which is applicable to the residential component of the development. This is a recommendation of the noise study, 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. Stormwater Management: Regional Staff require the owner/applicant to submit a final Stormwater Management Report and Chloride Impact Assessment 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 Document Number: 3353104 Version: 3 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 Council has directed that a traffic control signal be installed at the southerly site access on Fischer -Hallman Road, at the expense of the owner/applicant. 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 permanent 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. 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) a. That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to secure implementation of the recommendations of the noise study entitled, "Noise Feasibility Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road, Kitchener, Ontario" (HGC Engineering, June 11, 2020), as it applies to the retained parcel described as Lot 2 on Consent Applications 62020- 001 to B2020-004, all to the satisfaction of the Region of Waterloo. b. That prior to final approval, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the severed parcel described as Lot 1 on Consent Application B2020-001; and furthermore, the owner/applicant enter into an agreement Document Number: 3353104 Version: 3 with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the recommendations of the noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener. c. That prior to final approval, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed road traffic and stationary noise study, prior to site plan approval, for the severed parcel described as Lot 3 on Consent Application B2020-002; and furthermore, the owner/applicant enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the recommendations of the noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener. 3) Notwithstanding the above -stated condition, the owner/applicant is required to enter into a development agreement with the City of Kitchener to include the following warning clause in any offers to purchase and/or rental agreements for the severed parcels described as Lot and 3 on Consent Applications B2020-001 and 132020-002: "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 and Chloride Impact Assessment to the satisfaction of 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. 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. Document Number: 3353104 Version: 3 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 (traffic control signal), 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 permanent 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; 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: 3353104 Version: 3 Staff Repod Development Services Department 1 11,�,R 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 .ops REWM�p'SPWIP�m PUN 1471 CONSENT SKETCH CITY OF KITCHENER 1350, 1370, AND 1314 FISCHER HALLMAN ROAD WAM FISCHER HALLMAN G.P. BLE,W5 ROAD _ — _ - AAff! I LANR_S TO BE SEVERE ' AND EASEMENTS Lor s 1 LOT 1— DECISIONS 41 and #4 rr }}} � h p f 1. 0 T + 1 0o794ha l-1.962ac n ,waF a —FR= f nuzr ➢ } W7 it 1 - RAW 20 •• I W 241 J n 4 RHO PART OF LOT 2 RDGISFUWS COMPILED PLAN 1171 a CITY OF KITCHENER aaPwL w.Ra.um a +Y�7aLOP Y6YE � we 4 Mw.�w i�f.saw a ob%N uiml Ii1BXAlld1 HQIE 6 rxa'eaa�s`ereiiirvr YEf4C a,. as E ewe curnrx,E 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 ON m Z m n O ON 0 _ LL U Q o� 0. 0 0 E -6 >Q m O L Q 3oE-vv`on N fl�0 uj O U U 6 o~�rE vm� m N — o ° m (� t -_ C CU D m a C� o �° Q C� �_ ami mF `� a s ocu O N Q .� Q -o a� w -o m v r y m m () m o Q Q � Q o `o o n A E '�' v=3Ib02 J (D E d C) N L N u L y w `.' v N r (7 C� m o C7 o w cn m w W - o - C O w o a-°i a-°i E ` '� CD Qin Q in .( .( .( .(D Q g Y ` - o = A O p m m m° �? °' n Q Q' °� ao ° o w w w w "o U p co o) o) m S w w Q U) n O n o O F(D(D(D o a o .`__ Y Y Y Y v J J J J d C14 06N m N N Z 10 DD DD n ��v_oa a��a m Ln ° v LLE av 0. vv U uUS v F v Z r b'.Apw ♦ � 1 7 � O ° ��• 0 Ls- u o r s Tphs•9'J�LE ORFS O- V � O Z yJj CSP.., U Staff Report Development Services Department 1 KIR wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 9 DATE OF REPORT: August 5, 2020 REPORT #: DSD -20-081 SUBJECT: A2020-029— 293 King Street East Applicant — Steve Burrows, Facet Design Studio on Behalf of Elev8 Properties Inc. Recommendation: Approval y 71 Location Map: 293 King Street East REPORT Planning Comments: { (19 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The subject property located at 293 King Street East is zoned East Market Zone (D-2) in the Zoning By- law 85-1 and designated Market District in the Urban Growth Centre (Downtown) Secondary Plan in the City's Official Plan. The applicant is proposing to build a 3 storey, 8 unit residential building with 1 commercial unit on the ground floor. The proposed development cannot meet the requirements of Section 14A.3 of the Zoning By-law. The applicant is requesting relief to permit a maximum Floor Space Ratio (FSR) of 2.1 rather than the maximum 2.0 FSR permitted. Further relief is requested from Section 6.1.2 c) of the Zoning By-law to permit 0 parking spaces for a mixed use development whereas the bylaw requires 1 parking space for an 8 unit multiple dwelling with a rate of 0.165 spaces per unit for unit floor areas not exceeding 51.0 m2 and 2 parking spaces for a commercial space at a rate of 1 space per 40m2. City Planning staff conducted a site inspection of the property on May 1, 2020. i 293 King Street East (Front view) 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 Market District in the Urban Growth Centre (Downtown) Secondary Plan in the City's Official Plan. The intent of this designation is to permit a broad range of mixed uses including residential, commercial and office uses, that are at an appropriate scale. The development aligns with the policies as there will be commercial space on the ground floor with residential units above. The site is currently vacant as the former building was demolished approximately 20 years ago due to a fire on the property. The redevelopment of the site is highly encouraged, and the development will fit into the existing neighbourhood. The requested variance to allow an increased FSR of 2.1 is appropriate as the maximum Floor Space Ratio (FSR) in the Market District Secondary Plan for all new development and/or redevelopment is 3.0. Furthermore, the reduction of parking to 0 required spaces is appropriate as the Official Plan encourages alternatives to vehicular transportation, and a pedestrian -oriented environment. Staff is in support of the application, as it is compatible with the established neighbourhood. It is the opinion of staff that both the requested variances meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The Subject lands are currently zoned D-2 in by-law 85-1. The current D-2 zoning permits a maximum FSR of 2.0. The intent of the maximum FSR is to ensure the mass of the building is appropriate to the site. The small increase to an FSR of 2.1 is appropriate for the site and in context with the neighbourhood. It is the direction of the new 2019-051 Zoning By-law (under appeal) to follow the Official Plan and permit a maximum FSR of 3.0. The 2019-051 zoning by law is currently under appeal, however it is the opinion of staff that the proposed development will conform to the new Zoning By-law once in effect. The reduction to permit 0 parking spaces for a mixed use development whereas the bylaw requires 1 parking space for an 8 unit multiple dwelling with a rate of 0.165 spaces per unit for unit floor areas not exceeding 51.0 m2 and 2 parking spaces for a commercial space at a rate of 1 space per 40m2, is supported by staff. The location of the development encourages a wide variety of alternate transportation options, such as transit, bicycling and walking. The proximity to transit, specifically to an LRT station, encourages residents to not require a vehicle. Transportation services is also supportive of the reduction in parking spaces and finds the reduction in spaces sufficient for the development. Furthermore, the development is providing full indoor secured parking for each of the dwelling units. It is the opinion of staff that both the requested variances meets the general intent of both the current Zoning By-law 85-1 and the new Zoning By-law 2019-051 (under appeal). Application is Minor 3. The proposed increase in FSR to 2.1 as well as the reduction to 0 parking spaces required is not anticipated to impact the existing neighbourhood as it will continue to provide for a compatible built form and density within the Market District. Staff supports the infill development and are of the opinion that the requested variances are minor. Application in Appropriate 4. The variances are appropriate for the development and use of the land. Staff is of the opinion that the requested variances are appropriate for the surrounding neighbourhood and the proposed development will not negatively impact the adjacent properties. 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. Transportation Services Comments: Based on the secured bicycle parking, existing transit options, future minimum parking requirements of zero within the urban growth centre and coupled with the Parking Justification Study submitted by Paradigm Transportation Solutions Ltd. (February 2020), Transportation Services can support the proposed variances. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning has no concerns with this application. RECOMMENDATION That minor variance application A2020-029 requesting permission to build a 3 storey, 8 unit residential building with 1 unit on the ground floor have a floor space ratio of 2.1 rather than the maximum required of 2.0, and to provide 0 parking spaces for a mixed use development rather than the required 1 parking space for an 8 unit multiple dwelling with a rate of 0.165 spaces per unit for unit floor areas not exceeding 51.0m2 and 2 parking spaces for a commercial space at a rate of 1 space per, be approved. Tim Seyler, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: REPORT Planning Comments: 1 wwwki tch en er. ca Committee of Adjustment August 18, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Juliane vonWesterholt 2 August 12, 2020, 2020 DSD -20-82 A2020-030 — 366 Rivertrail Ave Owner — Fusion Homes Applicant — Phil Ha Recommend Approval Rood r`-'" Subject Property: 366 Rivertrail Avenue The subject property located at 366 Rivertrail Avenue, at the intersection of Rivertrail Avenue and Valleybrook Drive, is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is requesting relief from Section 6.1.1.1.b) iv) of the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Zoning By-law to locate a driveway 7.94 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres, for a variance of 1.06 metres. Staff conducted a site visit on April 17th, 2020. El Subject Property: 366 Rivertrail 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 offer the following comments. 1. Meets the General Intent of the Official Plan Test The intent of the Low Rise Residential land use designation in the Official Plan is to accommodate a full range of low density housing types. The requested variance meets the general intent of the Official Plan, as the proposed variance is providing low density housing and is not impacting the overall low density residential character of the area. 2. Meets General Intent and Purpose of Zoning By-law Test The application is to reduce the setback to the intersection to 7.94 metres from 9.0 metres. The intent of the 9.0 metre setback in the Zoning By-law 85-1 is to ensure there are no obstructions in the corner visibility triangle (CVT), thus allowing vehicles entering and exiting the intersection to do so safely. Though By -Law 85-1 is in effect, the pending draft Comprehensive Review of the Zoning By-law (CroZBy) 2019-051 will change that setback requirement to 7.0, metres which will likely remove the need for this variance in future developments. The parking space, 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. C L �n Valleybrook Drive La Subject Property: Proposed Driveway 3. Is the Variance "Minor" Test Staff is of the opinion that the requested variance is minor. The proposed setback reduction from the intersection of Rivertrail Avenue and Valleybrook Drive will be negligible due to the lower volumes of traffic in the area, as it is a shorter road and is not on a main route. 4. Is the Variance Appropriate Test The requested variance shed not anticipated to impact any of the adjacent properties or the surrounding low density residential neighbourhood. Therefore, the variance is appropriate for the development and use of the land. Agency Comments: Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the reduced driveway setback from an intersection of 7.94 metres, from the required 9.0 metre driveway setback. z C.YI! M5 lC 14! .' 6a "PPOSsj LA n - I I I as© r rNr pp RG04�i cRtc�c n'i #;y ,•;�' inr �d6i Y,r: r' • 2l - �- Rive rtrail Ave c3+x u; C L �n Valleybrook Drive La Subject Property: Proposed Driveway 3. Is the Variance "Minor" Test Staff is of the opinion that the requested variance is minor. The proposed setback reduction from the intersection of Rivertrail Avenue and Valleybrook Drive will be negligible due to the lower volumes of traffic in the area, as it is a shorter road and is not on a main route. 4. Is the Variance Appropriate Test The requested variance shed not anticipated to impact any of the adjacent properties or the surrounding low density residential neighbourhood. Therefore, the variance is appropriate for the development and use of the land. Agency Comments: Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the reduced driveway setback from an intersection of 7.94 metres, from the required 9.0 metre driveway setback. Engineering Comments: No concerns RECOMMENDATION Based on the foregoing, Planning staff recommends that this application A2020-030 requesting relief from Zoning By -Law 85-1 Section 6.1.1.1. b.) iv) to allow a driveway to be located 7.94 metres from an intersection rather than the required 9.0 metres be approved. i I t"5k 9AX-�� Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. Staff Report Development Services Department 1 wwwki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 9 DATE OF REPORT: August 5, 2020 REPORT #: DSD -20-083 SUBJECT: A2020-031— 10 Martin Street Applicant — Dale Stewart on Behalf of Douglas & Kristine Epp Recommendation: Approval REPORT Planning Comments: Location Map: 10 Martin Street The subject property located at 10 Martin Street is zoned Residential Five (R-5) in the Zoning By-law 85- 1 and designated Low Rise Conservation in the Mill Courtland Woodside Park Neighbourhood Secondary *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Plan in the City's Official Plan. The applicant is proposing to build an addition on to the existing single detached dwelling and cannot meet the requirements of Section 39.2.1 of the Zoning By-law. The applicant is requesting relief to allow a side yard setback of 0.6 metres rather than the required 1.2 metres. City Planning staff conducted a site inspection of the property on May 1, 2020. 10 Martin Street (Front and Side view) 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 Conservation in the Mill Courtland Woodside Park Neighbourhood Secondary Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variances to reduce the side yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. Staff is in support of the application, as it is compatible with the established neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The current R-5 zoning requires a 1.2 metre setback from the side lot line to ensure there is adequate separation from the neighbouring property. The property in question will be developed with a single detached dwelling. The reduction in the side yard setback will have a minimal impact to the adjacent lands, as the addition will match the existing structure on site that currently has a 0.6 metre setback. As the applicants would like the addition to align with the existing structure, staff is satisfied the requested variance to reduce the side yard setback to 0.6 metres whereas 1.2 metres is required meets the general intent of the Zoning By-law. Application is Minor 3. The proposed reduction in the side yard setback will be negligible, as it will match the existing structure and will not impact the existing neighbourhood. Therefore, Staff is of the opinion that the requested variance is minor. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. --.————————— — — - --- I V f - - 4.50 I FRt7N"T YARiS POR yl E7C4STNGG HOUSiE, GROSS AREA • 182.W (i,?W2SF) 4-6T 8 50 — __1 Exp A TO BE DEMO GHED I I� re — 3.30 I RR POSED MM I GROM ARFAI - 41 fk3-1 0 Proposed addition —10 Nelson Street 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. Application has been made to for the addition to a single detached dwelling and is currently under review Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 10 Martin Street is located within the Cedar Hill Neighbourhood CHL. 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. RECOMMENDATION That minor variance application A2020-031 requesting permission to build an addition on an existing structure to have a side yard setback of 0.6 metres rather than the permitted 1.2 metres, be approved. Tim Seyler, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment 1 wwwki tch en er. ca August 18, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Juliane von Westerholt 2 August 10th, 2020 DSD -20-89 A2020-033 — 210 Rivertrail Avenue Owner — Milestone Developments Inc. Applicant — Patrick Haramis O.L.S. Recommendation: Approval Subject Property: 210 Rivertrail Avenue REPORT Planning Comments: The subject property located at 210 Rivertrail Avenue is zoned Residential Four (R-4) in Zoning By -Law 85- 1 and designated Low Rise Residential in the City's 2014 Official Plan. The applicant is proposing to construct a single -detached dwelling and is requesting relief from Section 38.2.1 b) of the Zoning By-law to *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. allow for a side yard setback of 0.82 metres, whereas 1.20 metres is required. Staff notes that the other side yard setback is permitted by the Zoning By-law to be 1.55 metres. City Planning staff conducted a site inspection of the property on April 17th, 2020. Subject Property: 210 Rivertrail Ave 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 designated Low Rise Residential in the City's 2014 Official Plan, which allows low density forms of housing such as single -detached dwellings. The requested variance is appropriate and would continue to maintain the low density character of the property and surrounding neighbourhood. The requested variance will not significantly impact the low density residential character of the neighbourhood, therefore it meets the general intent of the Official Plan. 2. Meets General Intent and Purpose of Zoning By-law Test The requested variance to have a side yard setback of 1.25 metres rather than the required 1.5 metres meets the general intent of the Zoning By-law. The intent of the 1.5 metre side yard setback is to allow for sufficient separation from neighbouring properties, maintenance of side walls/eaves, and access to the rear yard in cases where the other side yard has a setback between 0.0 to 0.2 metres, which is the case for the proposed dwelling on the subject property. Staff notes that the standard side yard setback is 1.2 metres, and the proposed 1.25 metre setback exceeds this. As such, it is the opinion of staff that the 0.25 metre variance meets the general intent of the Zoning By- law. v 1 7t, I V I _2zwn n _ Subject Property: 210 Rivertrail Ave 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 designated Low Rise Residential in the City's 2014 Official Plan, which allows low density forms of housing such as single -detached dwellings. The requested variance is appropriate and would continue to maintain the low density character of the property and surrounding neighbourhood. The requested variance will not significantly impact the low density residential character of the neighbourhood, therefore it meets the general intent of the Official Plan. 2. Meets General Intent and Purpose of Zoning By-law Test The requested variance to have a side yard setback of 1.25 metres rather than the required 1.5 metres meets the general intent of the Zoning By-law. The intent of the 1.5 metre side yard setback is to allow for sufficient separation from neighbouring properties, maintenance of side walls/eaves, and access to the rear yard in cases where the other side yard has a setback between 0.0 to 0.2 metres, which is the case for the proposed dwelling on the subject property. Staff notes that the standard side yard setback is 1.2 metres, and the proposed 1.25 metre setback exceeds this. As such, it is the opinion of staff that the 0.25 metre variance meets the general intent of the Zoning By- law. LOT 11 7 hm ; *;W4) 1 L Q i 7 ,�ca..,�WC%rr&,cam it tcc�w�cPrrae't 3t5.�C1} P i rKf .7PP !F Put I g] LOT 75 LII 1 J a LJL__ _ ___ _-AFM T 1 L<3 T -16- LOT 47 I L07 4$ 1,541--597 Sideyard ISetbacks 3. Is the Variance "Minor" Test Staff is of the opinion that requested variance is minor as the approval of a reduced side yard setback will not cause any significant impacts to the subject property or surrounding neighbourhood. 4. Is the Variance Appropriate Test The requested variance is appropriate for the development and use of the land, as the proposed single detached dwelling is consistent with the low density development of the neighbourhood. Agency Comments: Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: no comment RECOMMENDATION Based on the foregoing, Planning staff recommends that Minor Variance Application A2020-033 requesting relief from Zoning By -Law 85-1 Section 38.2.1 B) to allow a sideyard setback of 0.82 metres rather than the required 1.2 metres be approved. Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. Staff Report Development Services Department 1 wwwki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 10 DATE OF REPORT: July 17, 2020 REPORT #: DSD -20-085 SUBJECT: A2020-034 — 25 Shanley Street Owner — Wesley Dyck & Shirley Groce Approve with Conditions Location Map: 25 Shanley Street REPORT Planning Comments: The subject property located at 25 Shanley Street is zoned Residential Five (R-5) in Zoning By-law 85-1 and designated Low Rise Conservation in the K -W Hospital Neighbourhood Plan for Land Use. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Proposal The applicant is proposing to construct an accessory structure in the rear yard of the subject property, abutting a municipal laneway to the rear. The proposed structure will contain a garage and workshop / recreational space. A partial second storey is proposed. As such, the applicant is requesting relief from Section 5.5.2 b) of the Zoning By-law to permit an accessory structure to have a maximum height to the underside of any fascia of 4.8 metres, whereas a maximum of 3 metres to the underside of any fascia is required. The 5.5 metre maximum building height (peak of roof) for an accessory structure will still apply. Front of proposed accessory structure, existing multiple dwelling shown in the rear jw II !I 11 f Rear of proposed dwelling, including municipal laneway leading to garage Front Yard of Subject Property containing existing single detached dwelling Laneway at rear of subject property where accessory structure is proposed City Planning staff conducted a site inspection of the property on April 14, 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 Low Rise Conservation in the K -W Hospital Neighbourhood Plan for Land Use. This intent of this designation is to retain the existing low rise, low density residential character of the neighbourhood. The proposed accessory structure with an increased height to the underside of a facia is consistent with other accessory structures in the neighbourhood and maintains the general intent and purpose of the Official Plan (K -W Hospital). The low density character of the neighbourhood will not be adversely affected by this proposal. 2. General Intent and Purpose of Zoninq By-law Test The requested variance to permit a maximum height to the underside of a facia for an accessory structure of 4.8 metres rather than the maximum of 3 metres, meets the general intent of the Zoning By-law. The general intent of this regulation is to minimize the height of accessory structures to ensure the building remains secondary to the primary dwelling on the property and to minimize impacts on adjacent properties. The subject property abuts a laneway to the rear and other properties on Shanley Street have large accessory structures abutting this laneway. Several of these large structures likely have a facia height above 3 metres. Further to this, there is a tall concrete wall directly behind the subject property which forms part of a mid -rise building. Lastly, as part of the application submission, the applicant provided written letters of support from the two abutting property owners, which was helpful as supporting documentation for Planning Staff's consideration. Staff is satisfied that the general intent and purpose of the Zoning By-law is met. The structure will shield the concrete wall at the rear of the property thus improving the aesthetics of the subject property's rear yard, while remaining secondary to the primary dwelling. There are other large accessory structures abutting the laneway and staff is satisfied that the structure will not result in unreasonable impacts to adjacent properties. 3. "Minor" Test The variance can be considered minor as the increased height to the underside of a facia for an accessory structure does result in an unreasonably large structure or have significant negative impacts on the neighbouring properties. As attached in Appendix A, the applicant intends to design the accessory structure to contain a `faux' roofline to give the structure the appearance of being slightly shorter. Staff is satisfied that a moderate increase in accessory structure size (height to facia) from what the base regulations of the Zoning By-law allow 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 proposed accessory structure with an increase height to the underside of a facia is consistent with the neighbourhood. Along the laneway to the rear of the property, there are several other accessory structures (sheds, garages, etc.) and the proposed structure on the subject property is consistent with those. The overall character of the property will continue to be low-rise in nature and the proposed structure will allow the property owner(s) increased opportunities for enjoyment and functionality of the property without significant impacts to abutting properties. Based on the foregoing, Planning staff recommends that this application be approved, subject to the conditions outlined 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 detached accessory structure is obtained prior to construction. Please contact the Building Division @ 519- 741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 25 Shanley Street is located within the Mt Hope/Breithaupt Neighbourhood CHL. 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: The accessory structure is proposed to have a substantial footprint; theirs as well as neighbours' trees may be impacted. Please require the standard "variance" condition for a Tree Preservation / Enhancement Plan to be submitted, reviewed and approved by the Urban Designer prior to a building permit being issued. RECOMMENDATION A. That Minor Variance Application A2020-034 requesting relief from Section 5.5.2 b) of the Zoning By-law to permit an accessory structure to have a maximum height to the underside of any fascia of 4.8 metres, whereas 3 metres is required, BE APPROVED, subject to the following conditions: 1. That the elevations submitted as part of the building permit be generally in accordance with the elevations attached as Appendix A, particularly the roof pitch and design, to the satisfaction of the Director of Planning. 2. That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. - W bj�-a� I (, " va- " Y/ - ii Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Appendix A — Roofline of Proposed Accessory Structure Front Elevation East Elevation d9mley. Rear Elevation (Abuts Lane) West Elevation Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. 1 Staff Report KIR CommunityServices Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: August 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 4 DATE OF REPORT: August 11, 2020 REPORT #: DSD -20-086 SUBJECT: A 2020-035 — 371 Biehn Drive Owners — Heather Hayes and Timothy Fink Approve Aerial photo 0; REPORT Planning Comments: The property is zoned R-3 (Residential Three) in By-law 85-1 and designated Low Rise Residential in the Official Plan and it located at the corner Biehn Drive and Spencer Court. Staff visited the site on August 5, 2020. The public notice advertisement stated that the applicant is requesting permission to construct an addition on the existing garage of a single detached dwelling having a side yard setback of 2.5 metres abutting Spencer Court rather than the required 4.5 metres. Staff notes that the original request noted it was a workshop addition to the garage. This is an important distinction, because an addition with an increased area for garage use requires a 6 -metre setback; however, the requested workshop addition to a garage requires a 4.5 -metre setback. Therefore, staff recommends that the variance be AMENDED to request permission to construct a workshop addition, to a garage, having a side yard setback of 2.5 metres abutting Spencer Court lot line rather then the required 4.5 metres. View of side yard abutting a street with neighbour on Spencer Court 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 offer the following comments. General Intent of the Official Plan The subject property is designated Low Rise Residential. The intent of the designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The existing use of the property as a single detached dwelling with attached addition to the garage for a workshop achieves this intent and therefore, it is the opinion of staff that the requested meets the general intent of the Official Plan. General Intent of the Zonina By-law The intent of the regulation to have a 4.5 -metre setback to a lot line abutting a street for a building (other than a garage/parking of vehicles) is to ensure that there is adequate space between the public realm and buildings to maintain privacy for the occupants and to maintain a streetscape that is walkable/driveable. This subject property is a corner lot on a quiet cul-de-sac. The additional landscaping between the lot line along Spencer Court and the curbed portion of the street (see aerial photo on first page) will remain intact. View from Biehn Drive Staff has advised the owner why an addition for garage space (for parking of motor vehicles) would not be supported. This is because the extension of garage space and widening of driveway would be located within the corner lot setback where access is prohibited within 9 metres of an intersection (Section 6.1.1.1 b) iv). It is noted that this property is a corner lot on both Biehn Drive and Spencer Court. In addition, the lot is situated along the interior corner curve of the lot inside of Spencer Court. The owner has agreed not to place a garage door on the addition, nor to widen the driveway. Staff recommends that this be a condition of the variance. In addition, the applicant has advised this is not for a home business use, but for his own personal use. With the condition as recommended above, staff feels the application would meet the general intent of the Zoning By-law. View from intersection of Biehn Drive and Spencer Court Minor As noted above, staff is of the opinion that the reduced setback to 2.5 metres from 4.5 metres will not impact the streetscape. Therefore, staff considers the variance to be minor. Appropriate Development The variance for a workshop addition, as noted above, meets the general intent of the bylaw and is minor. Staff is of the opinion that it is appropriate development for the subject property and for the surrounding low- rise residential neighbourhood. 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 addition to the garage is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Environmental Planning Comments: No concerns. RECOMMENDATION: That application A 2020-035, as AMENDED, requesting permission to construct a workshop addition, to a garage, having a side yard setback of 2.5 metres abutting Spencer Court lot line rather then the required 4.5 metres, be approved, subject to the following conditions: 1) The workshop addition will not be constructed with a garage door; and, 2) The existing driveway shall not be widened in front of the addition. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. Staff Report Ki�CR Development Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: August 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Lisa Thompson, Planning Technician — 519-741-2200 ext. 7847 WARD: 5 DATE OF REPORT: July 8, 2020 REPORT #: DSD -20-087 SUBJECT: A2020-036 — 1643 Bleams Road Applicant — Sarah Code Recommendation: Approval gL'EAPy1S RiJ, - 2R, 674R, Location Map: 1643 Bleams Road *** 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 1643 Bleams Road is zoned 1-1, 715R, 24HSR / 1-1, 464U, 81 H, 24HSR & P- 2 in Zoning By-law 85-1. The property is designated Neighbourhood Institutional in the Rosenberg Secondary Plan of the Official Plan. Staff conducted a site inspection of the property on April 21, 2020. The property is developed with a religious institution, a dwelling for the religious institution and an accessory building. The applicant is proposing to demolish the old accessory building to construct a new pavilion building with a covered picnic area. A site plan application has been submitted and has received Approval in Principle, subject to approval of a minor variance. The applicant is requesting relief from Special Holding Provision 24HSR to allow a building permit to be issued for the new accessory building without full municipal services being available to the property. Overall Site Plan X W Gj a Zw J O L W a CD LU J LL C 7 LL Q rr €o LL r / ,J� .a 7'y i 2: n 7 Y S� 3 a # crl 24'6 3 1 $$_ � ^•3� p r � �$� �_ !YJ i'{t T 2 N aYC Overall Site Plan X W Gj a Zw J O L W a CD LU J LL C 7 LL Q rr €o LL r Detailed Site Plan 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. I Z I ZZ g �I U1 rnm C Er. A.[skdk 0 4 J_ ; �.. W C I SS CD s — 06._j C�y i Ci +� 1 J m m 3.1, m ■ a 1 {L ' 2! LU 1 _ J 0 j3— - I--- 1> 1 ~ 1 5L.2 z 4^� a r �1Vq tw c3 CC EL 'k 5Y y so 15.2 J LU , Al �LU `tom Lia ED [] LU W u x t i r[ IF z f� t w@@' y, r� _ W LU M CO rr [L CO Detailed Site Plan 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. Relief from Special Holding Provision 24HSR General Intent of the Official Plan 1. The subject property is designated Neighbourhood Institutional in the Rosenberg Secondary Plan of the Official Plan. The Official Plan aims to develop complete neighborhoods with all amenities being within a reasonable distance of residential uses. A religious institution is part of a complete neighbourhood and therefore meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of zoning regulation 24HSR is to prevent building permits being issued until such time as adequate municipal services are available to the site. This holding provision was put in place to ensure that the religious facility did not significantly expand or redevelop with another use on the large parcel of land without full municipal services being available. Presently, the site functions with a septic system and well that will continue to meet the needs of the religious institution and the new pavilion and picnic shelter, as these facilities are intended to be used by the members of the congregation. The addition of the pavilion will not significantly increase the usability of the property and it is not anticipated that this structure will impact the existing private service capacity. Therefore, allowing a building permit to be issued for the pavilion and picnic shelter meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The requested variance to allow permission for a building permit to be issued without full municipal services being available on the site is appropriate as the proposed pavilion and picnic shelter will not increase demand on the existing septic system or well and is essentially a replacement of an old accessory building that is being demolished. Staff considers the requested minor variance appropriate. Is the Variance Minor? 4. Allowing a building permit to be issued for the accessory building on the site is minor as it will replace the building to be demolished, is generally in the same location, and will not create any greater burden on the private services that exist on site now. Therefore, the requested variance is considered minor. Engineering Comments: The developer has confirmed that no municipal services are required for this structure. Engineering has no comments or concerns regarding construction of the pavilion building. The holding provision however, should remain on the balance of the site until services are available. Building Comments: The Building Division has no objections to the proposed variance provided building a permit for the pavilion is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. RECOMMENDATION That minor variance application A2020-036 requesting relief from Special Holding Provision 24HSR to permit construction of a pavilion and covered picnic area in advance of full municipal services being available on site be approved without conditions. Lim Vn o- s&vL, Lisa Thompson, CPT Planning Technician Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. 1 Staff Report KIR CommunityServices Department wwwkitchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment August 18, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 6 August 10, 2020 DSD -20-088 A 2020-037 — 886 Strasburg Road Owners — Christopher and Doris Balsdon Approve v' r -7 REPORT Planning Comments: The property is zoned R-3 (Residential Three) in By-law 85-1 and designated Low Rise Residential in the Official Plan and is located on the west side of Strasburg Road, south of Old Country Drive. Staff visited the site on August 5, 2020. The public notice that was advertised for this property stated that applicant is requesting permission to convert the garage into living space in an existing duplex dwelling having two required parking spaces located 2 metres from the property line rather than the required 6 metres; and, having a driveway width of 8 metres rather than the required maximum 7.5 metres. Staff would like to clarify that, as per Section 6.1.1.1 b) i), for a duplex use that it `shall be permitted to locate one of the required parking spaces on the driveway less than 6 metres from the street line' therefore permission is only required for one of the required two parking spaces to be located less than 6 metres from the front lot line; as the second space is already permittted by the by-law to be located within 6 metres of the lot line. Staff recommends that the variance be AMENDED to request permission to convert the garage into living space in an existing duplex dwelling having both required parking spaces located 2 metres from the property line rather than having a minimum of one of the required parking spaces to be setback the required 6 metres; and, having a driveway width of 8 metres rather than the required maximum 7.5 metres. 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 offer the following comments. General Intent of the Official Plan The subject property is designated Low Rise Residential. The intent of the designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The existing use of the property is as a duplex dwelling and the driveway can accommodate the two required parking spaces. This continues to achieve the Low Rise Residential character of the neighbourhood and therefore it is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation to have a minimum of one required parking space for a duplex to be located at least 6 metres back from the street line is to ensure that there is enough parking for a duplex should they choose to use tandem parking (which is permitted for duplex uses). As well, it ensures that parking spaces are not all located at 0 metre setback which would result in parked vehicles dominating the streetscape. For the subject property, there are proposing the minimum two parking spaces for a duplex and the spaces are to be setback 2 metres from the front lot line. This provides an adequate setback for the parking spaces and continues to meet the general intent of the bylaw. In addition, the by-law permits a maximum driveway width of half the lot width, which results in a maximum width of 7.5 metres. The intent of this regulation is to ensure that front yard and the streetscape for the neighbourhood are not dominated by parked vehicles. The request to legalize the existing driveway width of 8 metres meets the general intent of the bylaw as there is existing landscaping remaining in the front yard (see photo above). The request to have a minimum of one parking space for a duplex to be located 2 metres from the front lot line rather than 6 metres can be considered minor as there is adequate area on the remaining driveway to provide a parking space for the second unit of the duplex. The request to have a driveway width of 8 metres rather than 7.5 metres is minor. It legalizes an existing situation that has not resulted in any complaints to date. Staff is of the opinion that the variances are minor. Appropriate Development As noted above, the two variances, one for parking space setback and one for driveway width, meet the general intent of the bylaw and are minor. Staff is of the opinion that the variances are appropriate for the subject property and surrounding residential neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved as outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit to convert a garage into living space is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed parking space setback from the lot line and have no concerns with the proposed driveway width of 8.0 metres from the required 7.62 metres. Engineering Comments: No comments. Engineering has no comments or concerns RECOMMENDATION: That application A 2020-037, as AMENDED, to request permission to convert the garage into living space in an existing duplex dwelling having both required parking spaces located 2 metres from the property line rather than having a minimum of one of the required parking spaces to be setback the required 6 metres; and, having a driveway width of 8 metres rather than the required maximum 7.5 metres, be approved. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. Staff Report Development Services Department 1 wwwki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Juliane vonWesterholt WARD: 2 DATE OF REPORT: August 12th, 2020 REPORT #: DSD -20-89 SUBJECT: A2020-038 — 121 Grand Flats Trail Owner — Milestone Developments Inc. Applicant — Pat Haramis O.L.S. Recommendation: Approval Subject Property: 121 Grand Flats Trail Planning Comments: The subject property located at 121 Grand Flats Trail is zoned Residential Four (R-4) and designated Low Rise Residential in the City's 2014 Official Plan. The applicant is proposing to construct a single -detached dwelling and is requesting relief from Section 38.2.1 b) of the Zoning By-law to allow for a side yard setback of 1.25 metres, whereas 1.50 metres is required. Staff notes that the other side yard setback is permitted by the Zoning By-law to be between 0.0 and 0.2 metres and as such is proposed at 0.1 metres for the subject property. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. City Planning staff conducted a site inspection of the property on April 17th, 2020. Subject Property: 121 Grand Flats Trail REPORT 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 offer the following comments. Meets the General Intent of the Official Plan Test The subject property is designated Low Rise Residential in the City's 2014 Official Plan, which allows low density forms of housing such as single -detached dwellings. The requested variance is appropriate and would continue to maintain the low density character of the property and surrounding neighbourhood and it is the opinion of staff that the variance meets the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The requested variance to have a side yard setback of 1.25 metres rather than the required 1.5 metres meets the general intent of the Zoning By-law. The intent of the 1.5 metre side yard setback is to allow for sufficient separation from neighbouring properties, maintenance of side walls/eaves, and access to the rear yard in cases where the other side yard has a setback between 0.0 to 0.2 metres, which is the case for the proposed dwelling on the subject property. Staff notes that the standard side yard setback is 1.2 metres, and the proposed 1.25 metre setback exceeds this. As such, it is the opinion of staff that the 0.25 metre variance meets the general intent of the Zoning By- law. Subject Property: Sideyard Setbacks 3. Is the Variance "Minor" Test Staff is of the opinion that requested variance is minor as the approval of a reduced side yard setback will not cause any significant impacts to the subject property or surrounding neighbourhood. 4. Is the Variance Appropriate Test The variance will not impact any adjacent properties and will continue to allow the property to function as planned and is therefore an appropriate use of the subject lands in keeping with the overall character of the neighbourhood. Aaencv Comments: Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: no comment , NAM LOT 76 ' frtYxr v3 •ivd trr l,fia�aeu.-rx..sa LOT 1 1 7 I w:B20"3o r Sf.tLti r Pbf �+ I I 1 I I 9)ISM li F. � iFl 2i II I li I a LOT 1 ' 8 rmpo•a pop*"LL 0 71 I { ^ z 31ppq LOT 48 I LOT 49 � LOT 50 'FLAN 5BM —597 Subject Property: Sideyard Setbacks 3. Is the Variance "Minor" Test Staff is of the opinion that requested variance is minor as the approval of a reduced side yard setback will not cause any significant impacts to the subject property or surrounding neighbourhood. 4. Is the Variance Appropriate Test The variance will not impact any adjacent properties and will continue to allow the property to function as planned and is therefore an appropriate use of the subject lands in keeping with the overall character of the neighbourhood. Aaencv Comments: Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: no comment RECOMMENDATION That Minor Variance Application A2020-038 requesting to relief from Zoning By-law 85-1 Section 38.2.1 b) to allow a side -yard setback of 1.25 metres rather than the required 1.5 metres be approved. Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 wwwki tch en er. ca Committee of Adjustment August 18,2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Nicholas Godfrey, Technical Assistant — 519-741-2200 ext. 7071 5 August 12, 2020 DSD -20-90 A2020-039 — 52 Helena Feasby Applicant — Maria C. Rivera & Marcos A. Kuan Recommend Approval Subject Lands: 52 Helena Feasby REPORT Planning Comments: The subject property located at 52 Helena Feasby is zoned Residential Six (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build a rear -yard extension to their kitchen and cannot meet the requirements of Section 38.2.1 of the Zoning By-law. The applicant is requesting relief to allow a rear yard setback of 5.55 metres rather than the required 7.5 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Subject Lands: Proposed Kitchen Addition 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 designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The current R-4 zoning requires a 7.5 metres setback from the rear lot line to ensure there is adequate rear yard amenity space. The property in question is a single detached dwelling. The reduction in the rear yard setback will have a minimal effect on the rear yard amenity space. As such, staff is satisfied the requested variance to reduce the rear yard setback to 5.5 metres whereas 7.5 metres is required meets the general intent of the Zoning By-law. HELENA FEASBY STREET { 18.UOU METRES WE ) Y]L9 V1 Or Lot\35 Aft 11.a3m2 ti P1,11.455 338.53 qp lV$-r4t'00'M r. 0 n 4 BLOCK 50 �o ILOT 3 6 Kitchen Addition and Property Setback 3. Is the Variance "Minor" Test The proposed reduction in the rear yard setback will be negligible and will not impact the existing neighbourhood. Therefore, Staff is of the opinion that the requested variance is minor. 4. Is the Variance Appropriate Test The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood and will continue to maintain the low density residential character of the neighbourhood as the addition is located in the rear of the property and therefore does not impact the public realm while continuing to provide for an adequate rear yard amenity area. Agency Comments: M-1 3.900 337.67 9.251 337.9¢ 337.32 a q�8l. 3rnrn�Cy3f 3533P.95 350 .1S35 _ S 3.25 PMH 0 rl' aOD D q MD n W6of NN wp � i*i C) THE +wi 2z J38M + ROSEUALE 'A' 338.24 AREA1 94.a5m2 + 339.13 mF 3.47m I3-24 335. G.5 F.55 w 3.56.38 v r i 1 Y]L9 V1 Or Lot\35 Aft 11.a3m2 ti P1,11.455 338.53 qp lV$-r4t'00'M r. 0 n 4 BLOCK 50 �o ILOT 3 6 Kitchen Addition and Property Setback 3. Is the Variance "Minor" Test The proposed reduction in the rear yard setback will be negligible and will not impact the existing neighbourhood. Therefore, Staff is of the opinion that the requested variance is minor. 4. Is the Variance Appropriate Test The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood and will continue to maintain the low density residential character of the neighbourhood as the addition is located in the rear of the property and therefore does not impact the public realm while continuing to provide for an adequate rear yard amenity area. Agency Comments: Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: no comments Parks and Operations RECOMMENDATION Based on the foregoing, Planning staff recommends that minor variance application A2020-039 request permission to build a kitchen extension requiring a setback of 5.55 metres rather than the permitted 7.5 metres, be approved. Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. Holly Dyson From: Dianna Saunderson Sent: 11 August, 2020 1:50 PM To: Holly Dyson Subject: FW: A 2020-039 and adjacent community pathway Written Submission for August 18, 2020. Thank you, Dianna Saunderson, AMP Committee Administrator I Corporate Services I City of Kitchener 519-741-2200 ext. 7277 1 TTY 1-866-969-9994 1 Dianna.Saunderson@kitchener.ca From: Sent: Tuesday, August 11, 2020 1:33 PM To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: [EXTERNAL] 2020-039 and adjacent community pathway To Dianna Saunderson, Please accept this written submission of for consideration regarding 2020-039: 52 Helena Feasby is adjacent to a community pathway that connects Harding St, Helena Feasby St and Frey Cres. (see Map on Kitchener's GIS system: https://map.kitchener.ca:443/OnPointExt//UrlHandler.ashx?MAPTABID=1&MINX=540500.652032018 &M IN Y=4805 625.24 375966& M AXX=540627.65 203 2147& M AXY=4805 682.72448889 &S IZ E= 19 20,869& LABEL= %7c540564,2%7c4805654%7c26917%7c%5 bEM PTY%5d%7c0%7cCI RCLE%7c%5 bE M PTY%5d%7c0%7c%7c&TH EME=Sapphire&LANGUAGE=en- U S & LAY E RSTOS H O W = 366980048,403693945, 366980075, 370021089, 370435509, 3669798 39, 366980090, 37 0350422, 366979217, 366979240, 366979261, 366979269, 366979278, 366979314, 366979135, 366979145, 36697 9154, 366979172,475860949,475860938,482055638,422707819,422707852,422707866,422707879,42270791 0,422707971,422708032,422708086,422708118, 377257436,366979888,422708130,366979949, 385124610,3 71038 318,464194970, 3 66978576, 3 66978612, 370021036, 370021045, 366978701, 36697892 3, 366978959, 3669 79024,377257484, 377257497,370020745, 371732161,371732147, 370020752,420048532,370020817,3700208 24,370020831, 370020738,370604823,370020844,370020879, 370020887,366979743,384354429,366979733& LAYERS TO HIDE=366979683,376055119,370604782,391600494,422707946,422707994,422708047,4334583 39,399382857,371038145,381158327,381158330,381158333,381158336,381158339,381158342,381158345, 381158 348,415196783, 366978619, 366978644, 366978668, 366978747, 380665 358, 3 66978793, 366978814, 366 978824,366978834, 366978844,366978854, 366978891,366978901, 366978911,366978947,366978976,366979 032,366979075, 366979104,366979645, 366979671,366979677, 366979683,366979690, 366979708,384354423 &USEEXISTINGSESSION=True ) Please do not allow the pathway to be obstructed. At no point should materials or construction waste be hoisted over the fence line for purpose of convenience. Sumbitter Details: Gary Tan M Please treat this as a written submission as I cannot attend the Zoom meeting. Thanks, Gary rti IN _N .� Cl) M N e C o c In f M O Cl) - ) y'} 0. m f0 _ CT U C f0 t o E m � O {•j C ci co LL n E 04 N m R f m — oY r c CV r -- CD CD m s `o U n O co g r co m `o ® n Y `� a. T T ° n� � N u 'a cq m m € r CD r � CY _ m c co 37o pw Y Y- co {} Z U m mor_ m CD f g LLD w t; cn �} m C y CD O ko K V ko m LL m v 0 Cq A J r Q s m O O L Z {'AI go SQ - y u F u ° O CLE E .a EEM u9 = E W {j} m ova Z d m W r n9 C d C c W w n m N° N 3 m �<< _ � Y m° v {y V E m ko to a m aE 0 O {+y {MI o m LL cY cel b t m :. cn� E7M1 Cl) y Y R Em o r ° o ° LID er' mo f7M1 co _ m 2a Q Ifs Om `m y M v ar 1 Staff Report KIR CommunityServices Department wwwkitchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment August 18, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 10 August 12, 2020 DSD -20-091 A 2020-040 — 251 Margaret Avenue Owner — Linda Li Approve Aerial Photo A REPORT Planning Comments: The property is zoned R-4 (Residential Four) in By-law 85-1 and designated Low Rise Residential in the Official Plan and is located at the north west corner of Margaret Avenue and Guelph Street. Staff visited the site on August 5, 2020. It is noted that the public notice advertisement for this variance stated that the applicant is requesting permission to convert a single detached dwelling into a duplex dwelling: 1) having a southerly side yard abutting Guelph Street of 2.86 metres rather than the required 4.5 metres; 2) a lot width of 11.4 metres rather than the required 15 metres; 3) having one required off-street parking space located 3.5 metres from the property line rather than the required 6 metres; (it is noted that the other parking space may be located less than 6 metres from the property line) 4) having two off-street parking spaces at the rear of the dwelling located partially within the side yard whereas the By-law does not permit parking within the side yard; and, 5) having the driveway located 2.68 metres within the 4.5 metre driveway visibility triangle (DVT) whereas the driveway does not permit encroachments into the DVT. The existing carport is intended to be removed. Staff note that variances 1 and 2 are not required because Section 5.15 `Existing Uses' permits `any building that was constructed on or before October 11, 1994 and the lot upon which the building was constructed, shall be deemed to comply with the following current regulations for the use existing on or before October 11, 1994 provided that the use is permitted by this by-law'; and, further, as per Subclause a) above `shall also apply to any currently permitted use that did not exist on October 11, 1994, except where the regulations for the use are more stringent than the use that existed on October 11, 1994'. The regulations for a duplex use are not more stringent than a single detached dwelling. Therefore, variances 1 and 2 are not required. Regarding variance 4, it is not a requirement of a duplex dwelling (this applies to multiple dwellings of three units or more) and staff request this be removed. Regarding variance 5, to clarify, it is the parking space, as well as the driveway it is located on, that is required to be outside the DVT. Also, the parking space is located 2.86 metres from the intersection of the required DVT, resulting in it being 1.76 metres within the DVT (see amended working below). Therefore, staff recommends that this application be AMENDED to request permission to convert a single detached dwelling into a duplex dwelling: 1) having both required parking spaces located 3.5 metres from the property line rather than having a minimum of one of the required parking spaces to be setback the required 6 metres, and, 2) having a parking space located on a driveway that is 1.76 metres within the 4.5 metre driveway visibility triangle (DVT) whereas the bylaw does not permit encroachments into the DVT. It is noted from the August 51" site visit that the carport has been removed (see photo next page). .Mlk ■ View from Guelph St 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 offer the following comments. General Intent of the Official Plan The subject property is designated Low Rise Residential. The intent of the designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The proposed use of the property as a duplex dwelling with two parking spaces achieves this intent and therefore it is the opinion of staff that the requested variances meet the general intent of the Official Plan. View from Margaret Ave General Intent of the Zoning By-law The intent of the regulation to have a minimum of one required parking space for a duplex to be located at least 6 metres back from the street line is to ensure that there is sufficient parking for a duplex should they choose to use tandem parking (which is permitted for duplex uses). As well, it ensures that parking spaces are not all located at 0 metre setback which would result in parked vehicles dominating the streetscape. For the subject property, there are proposing the minimum two parking spaces for a duplex and both spaces to be setback 3.5 metres from the street line abutting Guelph Street. This provides an adequate setback for both parking spaces to meet the intent of the bylaw. The intent of the regulation prohibiting parking spaces and driveways in the DVT is to ensure adequate visibility for observing pedestrians and other vehicles when exiting the property. The proposed 2.86 metre DVT provides adequate visibility for the low volume of traffic along Guelph Street. Transportation Planning staff have no concerns with either of the requested variances. Minor As noted above, there will be a setback of 3.5 metres (rather than 6 metres) for one parking space. The other parking space has a 0 -metre setback requirement but will provide a 3.5 metres setback as well. This variance can be considered minor. Staff note that the house has existed since approximately 1928 and that previously there was a carport with a parking space located in the DVT which was considered legal non -conforming. There have been no concerns to date about the previous parking space in the carport. The carport has recently been removed. Staff are of the opinion that this variance is minor. Appropriate Development As noted above, the variances meet the intent of both the Official Plan and the bylaw and are minor. The variances for the parking spaces for a conversion to a duplex use is appropriate for the existing property and the proposed parking spaces are no more onerous than what could exist for a single detached dwelling. Therefore, staff are of the opinion that the variances are appropriate development for the subject property and surrounding residential neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved as outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit to change the use into a duplex is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with locating the first required parking space 3.5 metres from the street line, where 6 metres is required. Also, as the existing house is within the driveway visibility triangle (DVT), Transportation Services can support the 1.76 metre encroachment into the required 4.57 metre DVT. Engineering Comments: Engineering has no comments or concerns RECOMMENDATION: That application A 2020-040, as AMENDED, requesting permission to convert a single detached dwelling into a duplex dwelling having both required parking spaces located 3.5 metres from the property line rather than having a minimum of one of the required parking spaces to be setback the required 6 metres, and, having a parking space located on a driveway that is 1.76 metres within the 4.5 metre driveway visibility triangle (DVT) whereas the bylaw does not permit encroachments into the DVT, be approved. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. Staff Report Development Services Department 1 wwwki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 10 DATE OF REPORT: July 17, 2020 REPORT #: DSD -20-092 SUBJECT: A2020-041 — 56 Wilhelm Street Owner — Terry Brown & Rebecca Brown Applicant — Straight and Level Carpentry Services Inc. Approve 254 ;. 15 4t - 250 �' 76 2ci 72 Lip �' S 24ti ! .Subject Property - .. e _ a 52 ; ,. • 5� 245 241 31_ 237', �. _ • 57 231 SC' 55 t. 4 q, 43 Location Map: 56 Wilhelm Street REPORT Planning Comments: The subject property located at 56 Wilhelm Street is zoned Residential Five (R-5) with Special Use Provision 129U in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to tear down an existing garage fronting onto Hett Avenue, construct an addition to the existing dwelling unit in its place, and relocate the legal parking space on the property from the garage to an existing driveway fronting Wilhelm Street. Several variances are required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. As such, the applicant is requesting the following variances: - Relief from Section 39.2.1 to construct an addition with a side yard abutting the street setback of 1.39 metres, whereas 4.5 metres is required; - Relief from Section 6.1.1.1 b) i) to locate a legal parking space in an existing driveway less than 6 metres from the street line, whereas 6 metres is required; - Relief from Section 6.1.1.1 b) iv) to legalize an existing driveway located 4.5 metres from the intersection of the street lines abutting the lot, whereas 9 metres is required; and, - Relief from Section 5.3 to legalize an existing driveway which is 3 metres within the 7.5 metre corner visibility triangle, whereas driveways are not permitted within a Corner Visibility Triangle. Side of property — location of proposed addition Existing driveway to be legalized City Planning staff conducted a site inspection of the property on April 14, 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 Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. Each of the requested variances to accommodate an addition for an existing single detached dwelling are appropriate, as the addition will maintain the general intent and purpose of the Official Plan and is consistent with the low-density character of the neighbourhood. 2. General Intent and Purpose of Zoning By-law Test The requested variance to construct an addition with a side yard abutting the street setback of 1.39 metres, rather than the required 4.5 metres, meets the general intent and purpose of the Zoning By- law. The purpose of the 4.5 metre side yard abutting a street setback is to maintain a consistent streetscape along street frontages. The key consideration for this variance is that the existing house has a side yard abutting the street setback of around 1.39 metres. Further, the proposed addition is approximately located within the footprint of an existing attached garage, which is being demolished; the existing garage also has a deficient setback. As the proposed addition will be in line with the existing house and previous attached garage, the built form on the property as it relates to setbacks and impacts on the streetscape will be similar to the existing situation. As such, staff is satisfied that a consistent streetscape will be maintained and that the general intent and purpose of the Zoning By-law is met. The requested variance to locate the required parking space less than 6 metres from the front lot line, whereas 6 metres is required, meets the general intent of the Zoning By-law. The intent of the 6 metre setback is to allow for a vehicle to be safely parked on a property without affecting the City right-of-way and surrounding properties. It is the opinion of both Planning and Transportation staff that the reduction in the parking setback for the first parking space will not affect the City right-of-way or neighbouring properties. As such, Staff is satisfied the variance meets the general intent of the Zoning By-law. The requested variance to legalize an existing driveway located 4.5 metres from the intersection of the street lines abutting the lot, whereas 9 metres is required, meets the general intent and purpose of the Zoning By-law. The intent of the 9 metres setback is to provide adequate separation between the corner of a lot and the driveway, which would result in an aesthetically pleasing streetscape by opening up opportunities for landscaping (etc.). This is an existing driveway on a relatively small lot, and there is some existing landscaping in the corner of the property. As such, staff is satisfied that the general intent and purpose of the By-law is maintained. The requested variance to locate an existing driveway 3 metres within the 7.5 metre corner visibility triangle meets the general intent and purpose of the Zoning By-law. The purpose of not permitting objects such as a driveway within the corner visibility triangle is to maintain visibility for pedestrians and vehicles on the road and sidewalk at the corner of the lot. Hett Avenue, one of the two streets abutting this lot, is a one-way street. Transportation staff has indicated they have no concerns with a reduced visibility triangle at this location on account of the direction of Hett Avenue, and no evidence of accidents caused by the existing reduced visibility triangle. Planning staff has no concerns with the request to legalize the existing driveway within the visibility triangle and is satisfied that the general intent of the By-law is maintained. 3. "Minor" Test The variances can be considered minor as the reduced side yard abutting the street setback to accommodate an addition, and the legalization of an existing driveway will not present any significant impacts to adjacent properties or the overall neighbourhood. The driveway is existing and staff has no concerns with its continued existence, and the addition is in line with the location of the existing dwelling, which is appropriate. 4. Desirability for Appropriate Development or Use Test The requested variances are appropriate for the development and use of the land, as the proposed residential addition and legalization of an existing driveway is consistent with the low-density development of the neighbourhood. 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 addition to a single detached dwelling and is currently under review Transportation Services Comments: Transportation Services can support the proposed variances for the existing conditions of the driveway encroachment into the setback from an intersection and corner visibility triangle. Also, Transportation Services has no concerns with the required parking space being located 0 metres from the street line, where 6 metres is required. Heritage Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 56 Wilhelm Street is located within the Mt Hope/Breithaupt Neighbourhood CHL. 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: The City's Tree Management Policy seeks to safeguard healthy trees as a valued community asset. While no trees are proposed to be removed or impacted in connection with this planning permission, the City would like to advise the proponent to appropriately restrict their construction works so as not to impact any trees on their or neighbouring properties. RECOMMENDATION A. That Minor Variance Application A2020-041 requesting relief from Section 39.2.1 to construct an addition with a side yard abutting the street of 1.39 metres, whereas 4.5 metres is required; Section 6.1.1.1 b) i) to locate a legal parking space in an existing driveway less than 6 metres from the street line, whereas 6 metres is required; Section 6.1.1.1 b) iv) to legalize an existing driveway located 4.5 metres from the intersection of the street lines abutting the lot, whereas 9 metres is required; and, Section 5.3 to legalize an existing driveway which is 3 metres within the 7.5 metre corner visibility triangle, whereas driveways are not permitted within a Corner Visibility Triangle, BE APPROVED. - w bj�,L� Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. Staff Report Ki�CR Development Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: August 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: 9 DATE OF REPORT: August 4, 2020 REPORT #: DSD -20-093 SUBJECT: A2020-044 — 50 West Ave Applicant — Lavern Weber Recommendation: Approval " p'Y h � r i t' r (� t _ Location Map: 50 West Ave *** 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 50 West Ave is zoned Residential Five Zone (R-5) with Special Regulation Provision 1R in the Zoning By-law. The property is designated Low Rise Conservation in the Victoria Park Secondary Plan in the Official Plan. Staff conducted a site inspection of the property on April 24, 2020. The applicant is proposing construct a rear yard addition on the existing single detached dwelling. The addition is proposed to be 0.93 metres from the side lot line. The home currently has a side yard setback of 0.8 metres. The applicant is requesting to legalize the existing side yard setback of 0.8 metres rather than the 1.2 metres required by the Zoning By-law. View of Existing Single Detached Dwelling (April 24, 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. General Intent of the Official Plan 1. The subject property is designated Low Rise Conservation in the Victoria Park 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 is encouraged. The proposal intends to keep within the low rise context with a two-storey addition, while retaining the original dwelling. 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 a side yard setback of 1.2 metres is to ensure access into the rear yard and separation of buildings. The existing home is located closer to the side lot line than the proposed addition, so Staff has no concerns with the request to legalize the existing side yard setback. Access can still be provided, and the current separation of buildings will not be impacted given that the addition will not be closer to the side lot line than the current building. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The proposed addition will maintain the low rise character of the neighbourhood, and will not adversely affect neighbouring properties and is therefore considered appropriate. Is the Variance Minor? 4. The reduction of side yard setback will still leave adequate space for separation of buildings and can still provide rear yard access. Therefore, the requested variance is considered minor. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 50 West Avenue is located within the Victoria Park Neighbourhood CHL. 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 Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-044 requesting permission to construct a second storey addition on an existing single detached dwelling having an easterly side yard setback of 0.8m rather than the required 1.2m be approved. , Eric Schneider, MCIP, RPP Planner 41", t'�k -- Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2763 ext. 2319 Chris Foster -Pengelly, Resource Planner Fax: (519) 621-4884 E-mail: cfosterpengelly@grand river.ca PLAN REVIEW REPORT TO: City of Kitchener Holly Dyson DATE: April 24, 2020 YOUR FILE: A 2020-044 RE: Application for Minor Variance A2020-044 50 West Avenue Lavern Weber/Candace Vandalen GRCA COMMENT: Grand River Conservation Authority (GRCA) staff has no objection to the proposed minor variance application to allow for an addition to a house at the above -noted address. BACKGROUND: Resource Issues: Information currently available at this office indicates that a portion of the subject property contains floodplain associated with Henry Sturm Creek. A copy of our resource mapping is attached for your reference. 2. Legislative/Policy Requirements and Implications: Due to the presence of floodplain, the property is regulated by the GRCA under Ontario Regulation 150/06. Any development within the regulated area will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. No new development is permitted within the floodplain. Based on our review of the Site Plan provided with the application, the proposed addition appears to be located outside of the floodplain and GRCA's regulated area. The application requests permission for a variance on the required sideyard setback to allow an addition to the existing dwelling. Given that the proposed variance is in regards to a proposal that falls outside of GRCA's regulated area on the property, we have no objection to the application. 3. Plan Review Fees: In accordance with GRCA's 2020 Plan Review Fee Schedule, this application is considered a `minor' minor variance and the applicable fee is $275.00. The applicant will be invoiced accordingly by copy of this correspondence. We that trust this information is of assistance. If you have any questions or require additional information please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengelly@grand river. ca. Page 1 of 2 Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority C.C. Candace Vandalen, Owner (via email) Lavern Weber, Agent (via email) Page 2 of 2 Staff Repod Development Services Department r,i` R www.ki tch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 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: 2 DATE OF REPORT: August 6, 2020 REPORT #: DSD -20-094 SUBJECT: B2020-024 Mitchell Adam Courtney & Alexandra Lopes Oliveira Approve Subject to Conditions Figure 1: view of subject property looking north REPORT Planning Comments: Background: The subject property is located on Walker Street, south of Kinzie Avenue, in the Centreville Chicopee Planning Community. The property contains a one -storey single detached dwelling constructed in approximately 1947. The surrounding area is composed predominantly of 1 — 1.5 storey single detached dwellings constructed in the same era. The property is designated Low Rise Residential in the Official Plan and has a Community Areas Urban Structure element. The property is zoned Residential Four Zone (R-4) in By-law 85-1 and is proposed to be zoned RES - 4 under the City's Comprehensive Review of the Zoning By-law (CRoZBy). Planning staff visited the property on June 16, 2020. The applicant is requesting consent to create a new lot to facilitate redevelopment of the lands with a semi-detached dwelling. The lot would be severed approximately in half to result in two equally sized parcels, each with 8.68 metres of frontage on Walker Street, a depth of 31.09 metres, and an area of 270 square metres. Each lot would contain a semi-detached house, with the common wall on the internal side lot line. The existing single detached dwelling would need to be demolished to facilitate the proposal (demolition control approval would be required). No Minor Variances are necessary to facilitate the subject proposal. 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 consent conforms to the matters of provincial interest as referred to in Section 2 of the Planning Act, is in the public interest, and is not premature. The consent conforms to the Official Plan. The dimensions and shapes of the proposed lots are appropriate and suitable for use as semi-detached houses. In addition, the streets, utilities, and services in the area are adequate to support the proposed redevelopment. 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. The applicant is advised that because the request to sever precedes the construction of the foundation, the applicant will need to take care to ensure that the common wall of the proposed semi- detached dwelling is accurately constructed on the lot line. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: There are trees in the rear south east corner of the property and one or more may be in joint ownership. It is recommended that our standard condition be applied, to enter into an agreement on both the severed and retained lands to submit, obtain approval of, and implement a Tree Preservation / Enhancement Plan prior to building permit. Building Division Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Services Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new/additional services through the reconstruction of Walker Street. Any further enquiries in this regard the services should be directed to Katie Wood (519-741-2200 ext. 7135). • A servicing plan showing outlets to the municipal servicing system will be required 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. Parks & Cemeteries Comments: Park Dedication is calculated at 5% of the new development lots only, with land valuation calculated using the lineal frontage (8.68m) at a land value of $9,200 per frontage metre. The total Park Dedication for this application is $4,253.20. Any change to the proposal for development may require a re -assessment of Park Dedication. Grand River Conservation Authority: The subject application is 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 Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengelly@g rand river. ca. RECOMMENDATION A. That Consent Application B2020-024 requesting consent to create a new lot with an approximate lot width of 8.7 metres, a depth of 31.1 metres, and an area of 270 square metres, as shown on the Sketch for Severance Application, prepared by MacDonald Tamblyn Lord Surveying, dated 03/06/2020, 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 Sketch for Severance Application provided with the application form, to the satisfaction of the City's Director of Planning. 4. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 5. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and (vii) building elevation drawings. (viii) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of the building permit. b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. 6. That the owner makes financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed and retained lands. 7. That the owner prepares a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services. Andrew Pinnell, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Attachments: • Appendix A —Sketch for Severance Application, prepared by MacDonald Tamblyn Lord Surveying, dated 03/06/2020 Appendix A - Sketch for Severance Application, prepared by MacDonald Tamblyn Lord Surveying, dated 03/06/2020 KINSIE AVENUE a � m r x I r0 c N 51'1 `50- E J1.09 BDARD FENCE L 9'9 _ fit'8 - - •� EXISTING DRIVE I 15. IK E)LSISTINIa`'FC.k o Ga,R. 1O> 1-------I_ w_ -13 m p y o TL O ^J- N m O m Ln f— D.6t I cn � p oay v>� Q I.. Ana oa a P oP D DRIVE\J v I no m LA 3 z p 9I QN I Oe A z N 51'1159- E N- IN� 31.9 N A nlq I`� I (n �. P CRO ED DRIVE N o n I b� Op 76 rAim - I am um Vo'9 Z z m D J m N 4y pFi I O � repo x S4'9 vl r5.6a 09'8 3 it N51'11.59 31.04- 3JN3f _ atldDR 9 ,3 O ASPHALT DRIVE ' LO � 99 � n n 4 pN O gKW s� CP F1 �m z 4� O © O " C�n v) alta_ N LA Z = FERGUS7HAROLD'_D / �0 vii YI_ mitt oma yzim sp ? {�{ fn G .O ova cC �� Na r •• rO D O' K 17- - lO I OCZ �VI� N� m4 TVI D QCTT z^ m Cn < o tiA pT 7s CO Cid < -p(--) m A O Z mj >o D= Lo m > s v r Ao U �Z �7 m KRAFT AV KINZIE AVE T1 z §o �'� y {9 3 i i zA o V7 p I•T7 C➢ F -H c eN 7� 3 z -r( © � Prete '' 3 N� o,;., oto (n C _ o p = W � �1Ikl m D ;� fTl z fl 0z P $; om VO < 3 n FLO ENC AVE I m2 v+ O O ar 1 m CNOI z F p $Ve ZIP 0 Cly JANSEN AVE m r 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 Bth Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT July 14, 2020 Re: Comments for Consent Application B2020-020 to 62020- 025 and CC2020-001 Committee of Adjustment Hearing TBD CITY OF KITCHENER 940-948 Chapel Hill Court and 17 Stafford Lane Crescent Homes and Cailin and Blake Hill The subject lands are located in Doon South and the properties on Chapel Hill Court are currently vacant and are proposed to be developed with one single detached dwelling on each lot. 17 Stafford Lane is a residential lot with an existing dwelling and shed. The owner/applicant is proposing lot line adjustments and a land conveyance that would allow the land owners of 17 Stafford Lane to maintain ownership of the tree line between their property and the abutting residential lots at 944 and 948 Chapel Hill Court. In exchange there would be an increase in the size of the rear yards for the lots at 940 and 944 Chapel Hill Court. Regional Staff has no objection to the proposed application. *k11Pk1a1YZI 124 Walker Street Mitchell Courtney and Alexandra Oliveira The owner/applicant is proposing a severance to split the existing lot to facilitate the development of a semi-detached building. Document Number: 3286721 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Regulation: Regional Staff advise that the subject lands are located within 6 kilometres of the Region of Waterloo Airport and are subject to the Airport's Zoning regulations. For any further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca 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. *kIYUKIN-1 285 Connaught Street Vladan and Mira Knezevic The owner/applicant is requesting to sever a rear section of the subject property to add to the lot located at 153 Fifth Avenue. Airport Regulation: Regional Staff advise that the subject lands are located under the airport runway take- off approach surface and Region of Waterloo Airport's Zoning regulations. The occupants would be subject to the presence and noise from flying aircrafts. For any further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca Regional Staff has no objection to the proposed application. CC2020-001 75 Tillsley Drive Governing Council of the Salvation Army in Canada The owner/applicant is proposing a change to conditions to the previously approved consent application B2019-011. The purpose of the original application was to permit a lot severance from the existing 2.64 -hectare parcel of land. The owner/applicant has expressed difficulties with fulfilling City of Kitchener conditions related to the deed of endorsement and the solicitor's undertaking immediately following registration of the severance deed as the owner/applicant is a not-for-profit organization. Regional Staff has no objection to the proposed application. Document Number: 3286721 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: 3286721 Version: 1 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. This information is available in accessible formats upon request. Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. CONSENT CHECKLIST: COMMITTEE OF ADJUSTMENT APPLICATION FOR CONSENT (Section 53 of the Planning Act) Consultation with City staff is encouraged prior to submission of this application. Applications must be accompanied by the submission requirements in order to be considered complete. Incomplete applications will not be processed until all information is provided. If you have any questions please call the Planning Division at 519-741-2426. Submission Number: B (to bpassigned byslam Address of the Subject Property: 124 Walker St Have you consulted with City Staff prior to submitting this application: Date of Consultation: Planning Staff member consulted / application submitted to: SUBMISSION REQUIREMENTS: office Use only, Data Stamp Received: _l Ire person -1 By mail Assigned lo, Deemed complete by:,_, PI Application Fee - $1,523.00 cash or cheque payable to the City of Kitchener (non-refundable) 0 1 original application plus 20 copies of the completed application form and plans are required. All applications must be collated and stapled. 20 copies of a detailed sketch completed by an Ontario Land Surveyor (O.L.S.) are required. The Plan cannot exceed 11 x 17 in size and must be folded to letter size and attached to each copy of the application. Please note the severance sketch sample on page 5 of this application. .J Written authorization by the Owner(s) is required if the application is signed by an agent or solicitor on their behalf. Region of Waterloo Requirements: Environmental Site Screening Questionnaire and If the site is located within a Source Protection Area, provide a copy of the Notice of Source Protection Plan Compliance (Section 59 Notice) obtained from the Regional Municipality of Waterloo. For more information, visit the Region's website at: http://www.regionofwaterloo.ca/sourceprotection L_ Place the City issued Notice Sign on the subject property in a location visible from the street. Where possible, application forms should be submitted in person to the Planning Division, 6th Floor, 200 King Street West. This will allow the application to be reviewed with staff to identify any possible issues or if further information is required, therefore avoiding unnecessary delays during processing. For Your Information: + An application will not be accepted as complete unless all legislated requirements have been met, and will not be processed until all necessary information has been received. Committee of Adjustment is a public process. Applications will be circulated to public agencies for comment. Notice of the meeting will be circulated to property owners within 30 metres of the subject property, advertised in the local newspaper and a City -issued notification sign posted on the property. All parties are given the opportunity to provide written comment or attend the meeting, either in support or opposition of the application, or to appeal a subsequent decision of the Committee of Adjustment. In addition to the submission requirements found on the application form, it is imperative that the applicant provide all the planning evidence necessary in support of the request being made. Depending on the nature of the application, this evidence may be in the form of photographs showing the existing streetscapes, contextual plans (in context with adjacent structures), historical information and/or detailed location plans (windows, openings, accessory structures) of the abutting properties. This will assist the Committee in making an informed decision regarding your application. The owner and/or agent must attend the Committee meeting in support of their application. Information on the meeting date/time will be forwarded to the agent. A deferral fee will apply to applications requiring re -circulation for failure to attend meeting or requesting a deferral. This is YOUR application - make sure that you know the exact details of why you are applying. You must identify exactly what is being requested, particularly as it relates to easements, rights-of-way or partial discharge of mortgage. It is your responsibility to provide a complete and accurate application. Staff is available for consultation, but is not permitted to complete the form. COMMITTEE OF ADJUSTMENT APPLICATION FOR CONSENT (Section 53 of the Planning Act) Krm".TF. Submission Number: B Location of the Property: Street Address: 124 Walker Street Closest Intersection: Walker St. and Kinze Ave. Legal Description (From Survey or Plan): Lot (s) No: 105,106,107 Registered Plan No.: 308 Lot (s) No: Reference Plan No.: 5881130 Part (s) No: Part 3 Name of Registered Owner (s): Mitchell Adam Courtney & Alexandra Lopes Oliveira Mailing Address: 117 Hudson Cres. City: Kitchener Postal Code: N2B 2y7 Telephone: 5194970055 Other No.: Email: mitcheli@maccontracting.ca Name of Authorized Agent (s): Mailing Address: City: Telephone: Postal Code: Other No.: Email: _ Note: Unless otherwise requested, all communications will also be sent to agents. January 2020 Page 2 of 7 Type and Purpose of the Application: Conveyance: [ ✓ Creation of a Lot Note: A fee is required for each new lot created. A regional processing fee also applies, which may be submitted with this application form by separate cheque payable to the Region of Waterloo, and will be forwarded on your behalf. For more information see "Development Application Fees" on the Region's website - Region of Waterloo - Development Application Fees Addition to a Lot Validation of Title �I Other: Other: Mortgage ❑ Lease Easement / Right of Way Please provide an explanation summarizing the purpose of your application: Severing an existing lot into two equal parcels for the construction of semi-detached dwellings. Name of the person (s) (Purchaser, lessee, and mortgagee) to whom the land or interest in lands is intended to be conveyed: Roval Bank of Canada Does this proposal require a minor variance application: Yes L No ✓ Are there any easements or restrictive covenants affecting the subject property: Yes No ✓ If Yes, please describe the easement or covenant and its effect: Description of Request Development Standard Re aired Severed Retained Description Lot Width 8.68m 8.68m Depth 31.09m 31.09m Area 270sq.m 270sq.m Use of Land Buildings / Structures Existing Use(s) Residential - Single -Detached Residential - Single -Detached Proposed Use(S) Residential - Semi -Detached Residential - Semi -Detached Number of Existing 0.5 0.5 Number of Proposed 1 1 Use(s) I Residential - Semi -Detached I Residential - Semi Detached Number of New Lots Proposed (not including retained lots): 1 Type of Road Access: Public Private Municipal services: Water: Yes ✓ No C Storm Sewer: Yes No ✓ Septic: Yes L NoF✓ Sanitary Sewer: Private Well Yes I ✓ No Yes n NoF—,' January 2020 Page 3 of 7 Planning Information: Official Plan designation: Low-rise Residential Zoning Category: RR -44 Has the land previously been the subject of a consent or plan of subdivision: Yes ❑ No ❑✓ If the answer is yes, describe briefly: Is the subject property subject to a current Site Plan Approval Process: Yes ❑ No E If yes, please indicate the file number: Does the property have any Heritage Status: Yes❑ No ❑✓ If yes, please check below: Inventory ❑ Listed ❑ Part IV (Individual) ❑ Part V (District) ❑ Easement/Agreement ❑ Does the property have any significant environmental features: Yes❑ No ❑✓ If you answered yes, indicate: Woodlot❑ Wetland ❑ Valleyland ❑ Other: Has the owner previously severed any land from this holding: Yes ❑ No ❑✓ If yes, please indicate submission no.: If yes, please indicate previous severance(s) on the required sketch and supply the following information for each lot severed: Transferee Name: Relationship to the owner (if any): Use of Parcel: Date Parcel was created: Date of acquisition by current owner: Is the owner applying for additional consents on this holding simultaneously with this application, or considering applying for additional consents in the future: Yes ❑ No Q Date of construction of all buildings/structures: unknown Existing use(s) of subject land: Single -Detached Residential Proposed use(s) of subject land: semi -Detached Residential Is this application consistent with the Provincial Policy Statements issued under subsection 3(1) of the Planning Act R.S.O. 1990, Chapter P.13, as amended? Yes a No ❑ Is the subject land affected by the Growth Plan or Growth Plan Policies: Yes 7V No ❑ If yes, does this application conform to or not conflict with the applicable provincial plan or plans? Yes 7 N ❑ Is there any other information that you think may be useful to the City, Region or other agencies in reviewing this application (please explain): _ January2020 Page 4 of 7 REGIONAL MUNICIPALITY OF WATERLOO ENVIRONMENTAL SITE SCREENING QUESTIONNAIRE This form must be completed by the property owner(s) for all development applications submitted to the City of Kitchener on behalf of the Regional Municipality of Waterloo. What are the current uses of the property? Single -Detached Residential Was the subject property ever used for industrial purposes? Yes Ivy: Uncertain If yes, please describe approximate dates and types of industry: Was the subject property ever used for commercial purposes r v.; lc , ' Uncertain where there is potential for site construction (i.e. automotive repair, gas station, dry cleaning operation, chemical warehousing, etc.) If yes, please describe approximate dates and types of commercial activity: 4 v Has waste (garbage, solid wastes, liquid wastes) ever been r'u:;, Nc. Uncertain placed on this property? 4.v If yes, when? Please provide description of waste materials: 5 Have hazardous materials ever been stored or generated on the Yu ; No F Uncertain property (e.g. has HWIN registration or other permits been required? If yes, please summarize details: b Is there reason to believe that this property may be potentially Yes Gln Uncertain contaminated based on historical use of this or an abutting property? If yes, please describe the nature of the suspected contamination: r". Has the subject property or adjacent property ever been used as an agricultural operation where cyanide products may have been used as pesticides? Are there or were there ever any above ground or underground storage tanks for fuels or chemicals on the property? If yes, please summarize details: 4 Does this property have or ever had a water supply well, monitoring well, geothermal well? If yes, please provide details: 10. Does the property use or has it ever used a septic system? .1 .1 Have any environmental documents been prepared or issued for this property, including but not limited to a Phase I and II environmental site assessment, risk assessment, Record of Site Condition or Certificate of Property Use? 1' Will lands be dedicated to the Region as part of this application (including road allowances, daylight triangles?) Yn;. I vr: - Uncertain No Uncertain y.r. Jrs Uncertain y £, N Uncertain y:;:: Kc, Uncertain y a,, hl c, Uncertain January 2020 Page 6 of 7 ACKNOWLEDGEMENT I/We understand that receipt of this application by the City of Kitchener - Planning Division does not guarantee it to be a 'complete' application. Further review of the application will be undertaken and I may be contacted to provide additional information and/or resolve any discrepancies or issues with the application as submitted. Once the application is deemed to be fully complete, the application fee will be deposited and the application will go forward to the next possible Committee of Adjustment meeting. Submission of this application constitutes consent for authorized municipal staff to enter upon the subject property for the purpose of conducting site visits, including photographs, which are necessary for the evaluation of this application I/We further authorize the City of Kitchener to release municipal property tax information to the applicant and/or agent named within this application form and/or the Secretary -Treasurer of Committee of Adjustment, for the specific property referenced herein, for the purpose of completing the process referred to within this application form. I/We acknowledge that a City -issued notification sign must be posted at the front of the subject property in a location that is visible from the street. Staff will advise when to post the sign and it shall remain in place for 20 days after the Committee decision has been issued. Signature of Owner/Agent Date Mar 12, 2020 Signature of Owner/Agent ", - Date Mar 12, 2020 AUTHORIZATION If this application is being made by an agent/solicitor on behalf of the property owner, the following authorization must be completed: / We, owner of the land that is subject of this application, hereby authorize . to act on my / our behalf in this regard. Signature of Owner Date Signature of Owner Date AFFIDAVIT (to be completed in person its the presence of a Commissioner of Oath a;, I /We, of the Town/City of in the County/Regional Municipality of , solemnly declare that all of the above statements contained in this application are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. Signature of Owner/Agent Signature of Owner/Agent Declared before me at the Town/City of in the County/Regional Municipality of this day of 20 Commissioner of Oaths January 2020 Page 7 of 7 ]A v N3SNVr Ic, zm �`�\� <D 0 0 z iEa 3AV JONI M2 < L) > ar- \a L'j <wry 0 wIE3 < T- z21ZNI>i 0, 0 z lw ]AV IJV�J>i a. co —77 > LJ L.Li U") zCD >cm < Iz _j Fj < Ld Z U) Ui u>- —j < L�j < < OC) F— Z5 � CN < , u "D 0 uj MU L'i cn MOaVH j§®/: 3AV snoa3i Ic, zm �`�\� <D 0 0 z iEa � 1 C) < > ar- \a <wry On Li O LJ z L.1i tz 0, 0 LLJ 12� < lw "m > co m) z LJ L.Li U") zCD >cm < Iz _j Fj z <W (D -J < —j < z >- O j fn OC) F— Z5 � CN < , u "D 0 uj MU �`�\� � \ � 1 C) \a <M (i I lw [/{! ,0 lz 0 Z, Wn OC) 10 MU j§®/: u 7 gz E C) 0 ) zm, < C. / W zvi <,, <LD 05 '06 -�z (D z Z mo M- Staff Report Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 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: 4 DATE OF REPORT: August 10, 2020 REPORT NUMBER: DSD -20-095 SUBJECT: Applications A2020-042, B2020-020, B2020-021, B2020-022, & B2020-023 17 Stafford Lane & 940, 944, and 948 Chapel Hill Court Owners — 2628793 Ontario Inc. & Cailin and Blake Hill Applicant — Dave Aston, MHBC Planning Ltd Approve with conditions G It54 5TPFF�� LANE O ` 25 � 17 Y 5 f S 992 948 f P 192 944 949 935 936 932 s51 sea 198 V4 ss 935 - 931 Hydro Corridor Trail 92 T" YM'drol "+l_,,/ 923 919 916 912 Subject Properties: 17 Stafford Lane & 940, 944, and 948 Chapel Hill Court Staff Deport Development Services Department Report: wwwkitchener.ca The applications seek to transfer portions of land between four different lots, being three newly registered lots and one adjacent large lot. The lot line adjustments are proposed so that the owners of 17 Stafford Lane can increase the depth of a portion of their lot to have ownership of an existing tree line, in exchange for reducing their lot depth in a separate location. Specifically: - Lot Addition Application B2020-020 for 948 Chapel Hill Court is to convey as a lot addition 76.1 square metres (Part 1) to 17 Stafford Lane. - Lot Addition Application B2020-021 for 944 Chapel Hill Court is to convey as a lot addition 13.1 square metres (Part 2) to 17 Stafford Lane. - Lot Addition Application B2020-022 for 17 Stafford Lane is to convey as a lot addition 7.5 square metres (Part 3) to 944 Chapel Hill Court. - Lot Addition Application B2020-023 for 17 Stafford Lane is to convey as a lot addition 66.0 square metres (Part 4) to 940 Chapel Hill Court. A minor variance application is also proposed for one property. Minor Variance Application A2020-042 for 948 Chapel Hill Court to request relief of a rear yard setback of 6.0 metres, whereas 7.5 metres is required. 17 Stafford Lane Part 1 Part 2 LEGEND Pan Area Severed from Lot Added to Lot 1 1 76-1 948 Cha 1 HIII Court 17StafIOrd Lane 2 944 ChaW full Court 17 Stafford Lane 3 _13.1 7.5 17 Stafford Lane 944 Cha el Hill Court 4 66.0 17Stafford Lane LWChapel Hill Court +O �� w E M1 ti t2 4m _(940) , Part 3 Part 4` Severance Sketch Excerpt provided by the Applicant I r r Staff Report Development Services Department wwwkitchener.ca Planning Comments: Severance/Lot Addition Applications The subject property is designated Low Rise Residential in the City's Official Plan. Lands designated as Low Rise Residential are planned to accommodate a full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low- rise housing. The subject properties are identified as a Community Area within the City's Urban Structure. The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. The property municipally addressed as 17 Stafford Lane is zoned as Residential Two (R-2) in the City's Zoning By-law 85-1. Single detached dwellings are permitted on lots with a minimum lot area of 929.0 square metres and a minimum lot width 24.0 metres. The three properties municipally addressed as 940, 944, and 948 Chapel Hill Court are zoned as Residential Three (R-3) in the City's Zoning By-law 85-1. Single detached dwellings are permitted on lots with a minimum lot area of 411 square metres and a minimum lot width of 13.7 metres. None of the lot additions impact or change existing lot widths. When all lot additions are fully completed, the lots will have the following areas all of which conform to the existing zoning: - 17 Stafford Lane, 2356.7 square metres - 940 Chapel Hill Court, 484.6 square metres - 944 Chapel Hill Court, 421.3 square metres - 948 Chapel Hill Court, 593.6 square metres 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 lot additions, and resulting lots, all conform to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The land transfers will retain an existing tree line. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, all lots will continue to front on an established public street, and the four resulting lots meet the minimum zoning requirements for size. 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. Minor Variance Application As Lot Addition Application B2020-020 proposes to convey a portion of the rear yard of 948 Chapel Hill Court (Part 1) to 17 Stafford Lane, Minor Variance Application A2020-042 is also requested to permit a rear yard setback of 6.0 metres whereas 7.5 metres is required. 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 The subject property is designated as Low Rise Residential. A full range of low density housing types are permitted including single detached dwellings. The requested variance Staff Report Development Services Department wwwkitchener. ca to reduce the rear yard for the future dwelling at 948 Chapel Hill Court is appropriate and maintains the existing tree line, providing separation between the existing dwelling at 17 Stafford Lane and the future dwelling. Planning staff is of the opinion that the requested variances meet the intent of the Official Plan. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law The Residential Three (R-3) requires a 7.5 metres setback from the rear lot line to ensure there is adequate rear yard amenity space. The property in question will be developed with a single detached dwelling. The reduction in the rear yard setback will have a minimal effect on the rear yard amenity space. As such, staff is satisfied the requested variance to reduce the rear yard setback to 6.0 metres whereas 7.5 metres is required meets the general intent of the Zoning By-law. The Requested Variance is Minor The proposed reduction in the rear yard setback will be negligible and will not impact the existing neighbourhood. Therefore, Staff is of the opinion that the requested variance is minor. Application in Appropriate The variance is appropriate for the development and use of the land. The requested variance will not impact the existing character of the surrounding neighbourhood as it is consistent with other newer developments in the community. City Planning staff conducted a site inspection of the property on April 22, 2020. 940, 944, and 948 Chapel Hill Court Staff Report Development Services Department wwwkitchener.ca Existing Treeline at the rear of 17 Stafford Lane Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: No heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 17 Stafford Lane is located within the Caryndale Neighbourhood. 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. Engineering Comments: Engineering has no comments or concerns. Staff Report Development Services Department wwwkitchener.ca Operations Comments: Parts 1 and 2 - Parkland dedication is not required for this application as parkland dedication was taken at time of subdivision registration (30T-12203). Parts 3 and 4 - Parkland dedication is not required for this application as no new developable lot has been created. Environmental Planning Comments: Environmental Planning can support the proposed lot line adjustments as the intent is to preserve trees. The trees were identified to be retained within the Detailed Vegetation Plan for Draft Plan of Subdivision 30T-12203. An update/amendment to the approved Detailed Vegetation Plan (DVP) Chalon Estates, dated October 17, 2018 prepared by MHBC Planning will be required. The existing Tree Protection Fencing will need to be adjusted as per the updated/amended DVP and recertified prior any further grading or site alteration. Grand River Conservation Authority Comments: The applications are located outside the Grand River Conservation Authority area of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. RECOMMENDATIONS: That Lot Addition Application B2020-020 for 948 Chapel Hill Court is to convey as a lot addition 76.1 square metres (Part 1) to 17 Stafford Lane, be approved subject to the following conditions: 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. 2. That the Owner shall submit draft transfer documents to the satisfaction of the City Solicitor. 3. 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. 4. That prior to final approval, the owner/applicant submits the Regional consent review fee of $350.00 to the Region of Waterloo. 5. That Minor Variance Application A2020-042 for 948 Chapel Hill Court to request relief of a rear yard setback of 6.0 metres whereas 7.5 metres is approved. II. That Lot Addition Application B2020-021 for 944 Chapel Hill Court is to convey as a lot addition 13.1 square metres (Part 2) to 17 Stafford Lane, be approved subject to the following conditions: 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 Staff Report Development Services Department wwwkitchener.ca 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. 2. That the Owner shall submit draft transfer documents to the satisfaction of the City Solicitor. 3. 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. 4. That prior to final approval, the owner/applicant submits the Regional consent review fee of $350.00 to the Region of Waterloo. III. That Lot Addition Application B2020-022 for 17 Stafford Lane is to convey as a lot addition 7.5 square metres (Part 3) to 944 Chapel Hill Court, be approved subject to the following conditions: 1. 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. 2. That the Owner shall submit draft transfer documents to the satisfaction of the City Solicitor. 3. 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. 4. That prior to final approval, the owner/applicant submits the Regional consent review fee of $350.00 to the Region of Waterloo. IV. That Lot Addition Application B2020-023 for 17 Stafford Lane is to convey as a lot addition 66.0 square metres (Part 4) to 940 Chapel Hill Court, be approved subject to the following conditions: 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. 2. That the Owner shall submit draft transfer documents to the satisfaction of the City Solicitor. 3. 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. Staff Report Development Services Department wwwkitchener.ca 4. That prior to final approval, the owner/applicant submits the Regional consent review fee of $350.00 to the Region of Waterloo. V. That Minor Variance Application A2020-042 for 948 Chapel Hill Court to request relief of a rear yard setback of 6.0 metres whereas 7.5 metres be approved. Garett Stevenson, MCIP, RPP Senior Planner tek (14111� Juliane von Westerholt, 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 Bth Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT July 14, 2020 Re: Comments for Consent Application B2020-020 to 62020- 025 and CC2020-001 Committee of Adjustment Hearing TBD CITY OF KITCHENER 940-948 Chapel Hill Court and 17 Stafford Lane Crescent Homes and Cailin and Blake Hill The subject lands are located in Doon South and the properties on Chapel Hill Court are currently vacant and are proposed to be developed with one single detached dwelling on each lot. 17 Stafford Lane is a residential lot with an existing dwelling and shed. The owner/applicant is proposing lot line adjustments and a land conveyance that would allow the land owners of 17 Stafford Lane to maintain ownership of the tree line between their property and the abutting residential lots at 944 and 948 Chapel Hill Court. In exchange there would be an increase in the size of the rear yards for the lots at 940 and 944 Chapel Hill Court. Regional Staff has no objection to the proposed application. *k11Pk1a1YZI 124 Walker Street Mitchell Courtney and Alexandra Oliveira The owner/applicant is proposing a severance to split the existing lot to facilitate the development of a semi-detached building. Document Number: 3286721 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Regulation: Regional Staff advise that the subject lands are located within 6 kilometres of the Region of Waterloo Airport and are subject to the Airport's Zoning regulations. For any further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca 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. *kIYUKIN-1 285 Connaught Street Vladan and Mira Knezevic The owner/applicant is requesting to sever a rear section of the subject property to add to the lot located at 153 Fifth Avenue. Airport Regulation: Regional Staff advise that the subject lands are located under the airport runway take- off approach surface and Region of Waterloo Airport's Zoning regulations. The occupants would be subject to the presence and noise from flying aircrafts. For any further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca Regional Staff has no objection to the proposed application. CC2020-001 75 Tillsley Drive Governing Council of the Salvation Army in Canada The owner/applicant is proposing a change to conditions to the previously approved consent application B2019-011. The purpose of the original application was to permit a lot severance from the existing 2.64 -hectare parcel of land. The owner/applicant has expressed difficulties with fulfilling City of Kitchener conditions related to the deed of endorsement and the solicitor's undertaking immediately following registration of the severance deed as the owner/applicant is a not-for-profit organization. Regional Staff has no objection to the proposed application. Document Number: 3286721 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: 3286721 Version: 1 Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2763 ext. 2319 Chris Foster -Pengelly, Resource Planner Fax: (519) 621-4884 cfosterpengelly@g rand rive r.ca PLAN REVIEW REPORT TO: City of Kitchener Holly Dyson DATE RE: April 24, 2020 YOUR FILE: B 2020-022 Application for Consent B2020-022 17 Stafford Lane Cailin and Blake Hill/ David Aston and Luisa Vacondio, MHBC GRCA COMMENT: Grand River Conservation Authority (GRCA) has no objection to the consent application for the above -noted property to allow for a lot line adjustment. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that a portion of the property at 17 Stafford Lane contains the regulated allowance associated with the Strasburg Creek Wetland Complex. A copy of our resource mapping is attached for your reference. 2. Legislative/Policy Requirements and Implications: Due to the presence of wetland on adjacent lands, the property is regulated by the GRCA under Ontario Regulation 150/06. Any development within the regulated area will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. The application requests permission for a lot line adjustment and land conveyance. Based on our review of the Lot Line Adjustment Plan (prepared by MHBC Planning, dated January 23, 2020), we have no objection to the proposed severance. Please be advised that the proposed severance will result in a small portion of the property at 940 Chapel Hill Court falling within GRCA's regulated area. The associated minor variance (for 948 Chapel Hill Court) is located outside the GRCA's areas of interest. As such, we will not undertake a review of the application and a plan review fee will not be required. 3. Plan Review Fees: In accordance with GRCA's 2020 Plan Review Fee Schedule, this application is considered a `minor' consent and the applicable plan review fee is $420.00. The applicant will be invoiced accordingly by copy of this correspondence. Page 1 of 2 We trust that this information is of assistance. If you have any questions or require additional information please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengelly@grand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority C.C. Cailin and Blake Hill, Owner (via email) David Aston and Luisa Vacondio, Agent (via email) Page 2 of 2 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. Staff Report K[ER Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 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: 3 DATE OF REPORT: July 23, 2020 REPORT NUMBER: DSD -20-096 SUBJECT: Application B2020-025 & A2020-043 285 Connaught Street Owner/Applicant — Vladan Knezevic Approve with Conditions [1 Subject Property: 285 Connaught Street Staff Report Development Services Department wwwkitchener.ca Background: On April 1711, 2018, the Committee of Adjustment approved severance application B2018-030 & minor variance applications A2018-041 & A2018-042 to create one new residential lot by severing a corner property located at 151 Fifth Avenue. That application has been fully approved and a new lot addressed as 153 Fifth Avenue has been created and is still vacant. Report: The current application proposes to sever a portion of 285 Connaught Street and add it as a lot addition to 153 Fifth Avenue. The existing single detached dwelling at 285 Connaught Street is proposed to be remain. The existing property (285 Connaught) has depth of 40.23 metres. The application proposes to sever a portion of the rear yard that is 15.24 metres deep, and a lot area of 253.8 square metres, and add it as a lot addition to 153 Fifth Avenue. With the proposed lot addition, the lot depth at 153 Fifth Avenue would increase from 17.7 metres to 34.4 metres. The lot area would increase from 271 square metres to 506 square metres. A minor variance is being requested to reduce the rear yard setback of 285 Connaught from 7.5 metres to 5.97 metres. YEiRC. FIFTH AVENUE CAUTO� WM LAACS TO E:7 V� � �j k ... , ,py PARI J. •'!A�• cg'._h^•rf-^ " FART 7 PL" 5M — 20180 fCr 153 FIFTH AVE I L � i S,V�M aaP� R Mme, f�W Q 4 irc� rods • �J 4Tl STROT 2 LANDS TD 6E SEVERED I j r AND Ca4f9MV MITE! LANDS g TO ME EAST LANDS TO 8E R€TAwn5 ��J 7.22 U oau lI 15.240 24.49 Proposed Lot Addition Survey Staff Report Development Services Department A site inspection was conducted on May 11, 2020. wwwkitchener. ca 285 Connaught Street (May 11, 2020) Lot addition: The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as Residential Four Zone (R-4) 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 severance conforms to the City's Official Plan and will allow for a lot addition. 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 Application B2020-025 requesting to sever a portion of the rear yard of 285 Connaught Street as a lot addition to 153 Fifth Avenue be approved subject to the conditions listed in the recommendation section of this report. Minor Variance: 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. Staff Report Development Services Department wwwkitchener.ca General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The proposed addition maintains this intent. General Intent of the Zoning By-law The proposed variance meets the general intent of the Zoning By-law. The intent of the 7.5 metre rear yard setback for dwellings is to ensure that there is a sufficient distance between buildings on abutting properties to minimize negative impacts for neighbours and also to provide an adequate amenity space in the backyard. The subject property contains an existing single detached home and has a large patio amenity space existing in the side yard on the south side of the property. The patio space coupled with the rear yard for open amenity provides an adequate balance of total amenity space on the property. The proposed reduction of approximately 1.5 metres can still provide adequate separation of buildings and is not expected to cause adverse impacts. In summary, the proposed variance will not adversely impact abutting lands and maintains adequate amenity space and therefore meets the general intent of the Zoning By-law. Is the variance appropriate? The proposed variance is considered desirable and appropriate for the development and use of the lands based on the reasons noted above. Staff is of the opinion that the proposed variance will not negatively impact the use of the property or the surrounding neighbourhood. Is the variance minor? The variance is considered minor as staff is of the opinion that the approximate 1.5 metre reduction in setback will s#4 -continue to provide an adequate distance between buildings and provide an adequately sized amenity space. Building Comments: The Building Division has no objections to the proposed applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. A separate building permit will be required for the removal of the detached garage on the severed property. A separate building permit will be required for the construction of the new residential building. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot — a building permit will be required for this work. Transportation Comments: Transportation Services has no concerns with the proposed application. Staff Report Development Services Department wwwkitchener.ca Heritage Comments: No Heritage Concerns. Engineering Comments: Engineering has no concerns. Operations Comments: Parkland dedication is not required for this application as no new developable lot has been created. Environmental Planning Comments: Environmental Planning concerns were addressed in application B2018-030. The severed lands to be added to 153 Fifth Avenue shall be included in the previous agreement WR1155377. RECOMMENDATION: That Application A2020-043 requesting a rear yard setback of 5.97 metres be approved. That Application B2020-025 proposing to sever a portion of 50 Roos Street that is 16.5 metres wide and 15.2 metres deep and add it as a lot addition to 153 Fifth Avenue, be approved subject to the following conditions: 1. 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. 2. 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. 3. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the Severed Lands, which shall include the same covenants and provisions as registered Agreement Instrument No. WR1155377. Staff Report Development Services Department wwwkitchener.ca 4. That the owner retains a qualified designer to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Eric Schneider, B.E.S., MCIP, RPP 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 Bth Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT July 14, 2020 Re: Comments for Consent Application B2020-020 to 62020- 025 and CC2020-001 Committee of Adjustment Hearing TBD CITY OF KITCHENER 940-948 Chapel Hill Court and 17 Stafford Lane Crescent Homes and Cailin and Blake Hill The subject lands are located in Doon South and the properties on Chapel Hill Court are currently vacant and are proposed to be developed with one single detached dwelling on each lot. 17 Stafford Lane is a residential lot with an existing dwelling and shed. The owner/applicant is proposing lot line adjustments and a land conveyance that would allow the land owners of 17 Stafford Lane to maintain ownership of the tree line between their property and the abutting residential lots at 944 and 948 Chapel Hill Court. In exchange there would be an increase in the size of the rear yards for the lots at 940 and 944 Chapel Hill Court. Regional Staff has no objection to the proposed application. *k11Pk1a1YZI 124 Walker Street Mitchell Courtney and Alexandra Oliveira The owner/applicant is proposing a severance to split the existing lot to facilitate the development of a semi-detached building. Document Number: 3286721 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Regulation: Regional Staff advise that the subject lands are located within 6 kilometres of the Region of Waterloo Airport and are subject to the Airport's Zoning regulations. For any further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca 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. *kIYUKIN-1 285 Connaught Street Vladan and Mira Knezevic The owner/applicant is requesting to sever a rear section of the subject property to add to the lot located at 153 Fifth Avenue. Airport Regulation: Regional Staff advise that the subject lands are located under the airport runway take- off approach surface and Region of Waterloo Airport's Zoning regulations. The occupants would be subject to the presence and noise from flying aircrafts. For any further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca Regional Staff has no objection to the proposed application. CC2020-001 75 Tillsley Drive Governing Council of the Salvation Army in Canada The owner/applicant is proposing a change to conditions to the previously approved consent application B2019-011. The purpose of the original application was to permit a lot severance from the existing 2.64 -hectare parcel of land. The owner/applicant has expressed difficulties with fulfilling City of Kitchener conditions related to the deed of endorsement and the solicitor's undertaking immediately following registration of the severance deed as the owner/applicant is a not-for-profit organization. Regional Staff has no objection to the proposed application. Document Number: 3286721 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: 3286721 Version: 1 Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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 1) VAR KIT, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 — 293 King Street East — No Concerns. 2) A 2020-030 — 366 Rivertrail Avenue — No Concerns. 3) A 2020-031 — 10 Martin Street — No Concerns. 4) A 2020-032 — 201 Featherstone Crescent — No Concerns. 5) A 2020-033 — 210 Rivertrail Avenue — No Concerns. 6) A 2020-034 — 25 Shanley Street — No Concerns. 7) A 2020-035 — 371 Biehn Drive — No Concerns. 8) A 2020-036 — 1643 Bleams Road — No Concerns. 9) A 2020-037 — 886 Strasburg Road — No Concerns. 10)A 2020-038 — 121 Grand Flats Trail — No Concerns. 11)A 2020-039 — 52 Helena Feasby Street — No Concerns. 12)A 2020-040 — 251 Margaret Avenue — No Concerns. 13)A 2020-041 — 56 Wilhelm Street — No Concerns. Document Number: 3271770 Page 1 of 2 14)A 2020-042 — 948 Chapel Hill Court — No Concerns. 15)A 2020-043 — 285 Connaught Street — No Concerns. 16)A 2020-044 — 50 West 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 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River fees will not be required. If you have any questions, or require additional information, please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority. Staff Report Development Services Department 1 wwwki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 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: 6 DATE OF REPORT: August 6, 2020 REPORT #: DSD -20-097 SUBJECT: Application No. CC2020-001 Address: 75 Tillsley Drive Applicant: GSP Group Inc. (c/o Kristen Barisdale) Owner: The Governing Council of the Salvation Army in Canada Summarized Recommendation: Approve REPORT Planning Comments: On April 16, 2019, the Committee of Adjustment conditionally approved Consent Application B2019-011 for the lands municipally addressed as 75 Tillsley Drive. The purpose of the application was to adjust the two abutting subdivision blocks owned by the Salvation Army, by increasing size of the block containing the church building (northern portion of the lands), and reducing the size of the block to be sold for residential development (southern portion of the lands). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. After conditional approval was granted by the Committee, it was determined, that the wording of Conditions 3 and 4 would prohibit the land transaction being sought by the applicant. Discussions between City staff and the applicant ensued, and it was determined that by amending these two conditions, the applicant would be able to complete the land transactions. Accordingly, the applicant submitted the subject Change of Conditions Application. The amended condition wording has been agreed upon by City staff and the applicant (and counsel for both parties). Planning staff recommends that Conditions 3 and 4 be amended, as outlined in the Recommendation section of this report. The requested change to conditions is minor in accordance with Section 53(26) of the Planning Act and no written notice is required or will be provided. It should be noted that Planning staff visited the property on June 16, 2020. RECOMMENDATION That the application of The Governing Council of the Salvation Army in Canada requesting permission to change the conditions of provisional consent for Consent Application B2019-011, to delete existing Condition 3 and replace with the following: 3. That the owner shall enter into an Agreement with The Corporation of the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director of Planning, and registered on title to the "Severed Lands" (being Part 1 and Part 2 on Reference Plan 58R-20691) and Block 129, Plan 1819, to provide the following: a. That title to the Severed Lands and Block 129, Plan 1819 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands or Block 129, Plan 1819, shall be separately conveyed, or otherwise dealt with, without the prior consent of The Corporation of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing; and b. That the Transfer/Deed to effect the severance contemplated herein (being a transfer of Part 3, Part 4 and Part 5 on Reference Plan 58R-20691) shall be approved as to form and content by the City Solicitor and the owner's solicitor shall provide an Undertaking to the City Solicitor to register the approved form of Transfer and thereafter provide a copy of the registered Transfer to the City Solicitor. And add additional wording to the end of existing Condition 4, as outlined below: In the event that the approved form of Transfer and/or Agreement registered pursuant to Condition 3 of this Decision renders the Application to Consolidate redundant, the requirement for the solicitor's Undertaking may be waived and this Condition cleared by and at the discretion of the City Solicitor, Be approved. Andrew Pinnell, MCIP, RPP Senior Planner Attachment- • Decision B2019-011 Juliane von Westerholt, MCIP, RPP Senior Planner COMMITTEE OF AD.JUSTNEW FOR THE CITY OF KITCHENER IIN THE MATTER OF the application to the Comm ittee of Adjustment for the City of Kitchener, by; Appliicangs): GOVERNING GOUNGIL OF THE SALVATION ARMY IN CANADA Submission No.. B 2019-011 This matter having been heard on the 16th day of April, 2019, and due Notice of Hearing having been givers in accordance with the Rules of Procedure adopted by this Committee, the Committee of Adjustment for the City of Kitchener hereby renders the following DECISION: That the application of the GOVERNING COUNCIL OF THE SALVATION ARMY IN CANADA requesting permission to surer a parcel of land having a width on Erinbrock Drive of 19m, a depth of 140,1 m and an area of 2,651 sq,me to be conveyed as a lot addition to the parcel of land described as Blook 129, Registered Plan 1819, on Blocks 128 &, 129, Registered Plan 1819, 75 Tillsley Drive, Kitchener, Ontario, 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 Laud Surveynr in PDF and either "g (Ai,Itor'ad) or .drgn (Micrestation) format, as well as two full sized paper copies of the plans)_ 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 Teehno.logist_ 3. That the lands to be severed be added to the abutting lands described as Block 129, Registered Flan 1819, and title be taken into identical ownership as the abutting lands_ The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) andlor (b) of the Planning Act, R.S-O. 1990, c. PA 3, as amended, 4. That the owner's Sollator shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new Applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. That the owner shall submit a complete S to flan Application to revise the existing Site Plan and associated Section 41 Development Agreement for the church on. the recipient parcel, to the satisfaction of the City's Manager of Site Development and Customer Service, or otherwise receive an exemption from this requirement from said Manager. This Site Flan application shall invoice, at minimum, the removal of the retained lands from the plan, but 'nay include revisions to the building, parking, or loading, etc_ related to the church. 6, That the owner shall make financial arrangements, to the satisfaction of the CRyr's Engineering Services, for the installation of all nein service connections ( .e., sanitary, -storm, and water) ;o the severed lands and, if necessary, also to the retained lands, ...2 Submission No.: B 2019-111 (Cont'd 7. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services_ That the yawner shall 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. 9. That the owner shall make request of, and obtain approval, from the appropriate authority to remove any existing 0.3 metre reserves along the frontage of Erin6rook Drive fro -n the retained lands. 10. That the owner shall submit an Arch aeologicaI Assessment re pert to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance Fetter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department, It- That the Downer shall submit an Environmental Noise Study to the satisfaction of the Region of Waterloo and if neoessaryf, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. MI Ifs"i7laTiiltTifi►�:3+li��i���1�C � L It is the opinion of this Committee that: A plan of subdivision is ni neuessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3, The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision -matting process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitcbener_ya Pursuant to Subsectioan 41 of Section 53 of the Planning Act, the applicant 0a11 fulfil the above -noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection d3 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being April 16, 2921. Signed at the City of Kitchener this 16th day of April, 2019. Last Date for Appeal of Decision: May 16, 2019 Date of Mailing Notice of Decision: April 215, 2019 Fast Gate for Fulfilling Conditions= April 26, 2020_ I certify the foregoing to he a true an Committee of Adjustment for the City application. CL.31 CHAIR MEMBER MEMBER MEMBER MEMBER d correct copy of the Decision of thr; of Kitchener in the above mentioned Dianna Saunderson Secretary -Treasurer Committee of Adjustment 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 Bth Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT July 14, 2020 Re: Comments for Consent Application B2020-020 to 62020- 025 and CC2020-001 Committee of Adjustment Hearing TBD CITY OF KITCHENER 940-948 Chapel Hill Court and 17 Stafford Lane Crescent Homes and Cailin and Blake Hill The subject lands are located in Doon South and the properties on Chapel Hill Court are currently vacant and are proposed to be developed with one single detached dwelling on each lot. 17 Stafford Lane is a residential lot with an existing dwelling and shed. The owner/applicant is proposing lot line adjustments and a land conveyance that would allow the land owners of 17 Stafford Lane to maintain ownership of the tree line between their property and the abutting residential lots at 944 and 948 Chapel Hill Court. In exchange there would be an increase in the size of the rear yards for the lots at 940 and 944 Chapel Hill Court. Regional Staff has no objection to the proposed application. *k11Pk1a1YZI 124 Walker Street Mitchell Courtney and Alexandra Oliveira The owner/applicant is proposing a severance to split the existing lot to facilitate the development of a semi-detached building. Document Number: 3286721 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Regulation: Regional Staff advise that the subject lands are located within 6 kilometres of the Region of Waterloo Airport and are subject to the Airport's Zoning regulations. For any further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca 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. *kIYUKIN-1 285 Connaught Street Vladan and Mira Knezevic The owner/applicant is requesting to sever a rear section of the subject property to add to the lot located at 153 Fifth Avenue. Airport Regulation: Regional Staff advise that the subject lands are located under the airport runway take- off approach surface and Region of Waterloo Airport's Zoning regulations. The occupants would be subject to the presence and noise from flying aircrafts. For any further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca Regional Staff has no objection to the proposed application. CC2020-001 75 Tillsley Drive Governing Council of the Salvation Army in Canada The owner/applicant is proposing a change to conditions to the previously approved consent application B2019-011. The purpose of the original application was to permit a lot severance from the existing 2.64 -hectare parcel of land. The owner/applicant has expressed difficulties with fulfilling City of Kitchener conditions related to the deed of endorsement and the solicitor's undertaking immediately following registration of the severance deed as the owner/applicant is a not-for-profit organization. Regional Staff has no objection to the proposed application. Document Number: 3286721 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: 3286721 Version: 1