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HomeMy WebLinkAboutCA Agenda - 2020-10-20COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA October 20, 2020 - 10:00 a.m. CONSENT APPLICATIONS: 1. Submission No.: B 2020-026 Applicants: Cadillac Fairview Property Location: 225 Fairview Road South Legal Description: Part Lot 2, Plan 1524, being Parts 2 to 4 on Reference Plan 58R-9921 Permission for a lease in excess of 21 years to Chick-Fil-A for 3,486 sq.m. of the northwest corner of the subject property owned by Cadillac Fairview. 2. Submission Nos.: B 2020-033 Applicants: Graham and Sandra Dare Property Location: 4 Westgate Walk Legal Description: Lots 2 & 3, Registered Plan 977 Permission to sever an irregular-shaped parcel of land in the westerly rear yard of a lot having a width of 47.63m, an approximate depth of 48m and an area of 1920 sq.m. to be conveyed as a lot addition to Lot 3, Registered Plan 977. The existing property (retained land) will have a width of 54.24m, a depth of 47.446m and an area of 3,326 sq.m. is comprised of 2 whole lots on a plan of subdivision and the lot line adjustment is intended to facilitate maintaining the existing dwelling and establishing a new lot to the west intended for residential development. THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w 4_1NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 KITIC 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, October 20, 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 October 19, 2020. To register please email Dianna. Saunderson(ckitchener.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 October 20, 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. le1»4[NA910 RIM01:a►Ti110101:ILTIA N/AL1[yWAL1111L01:ZK0106*1ALINr01Z411LUNS110119:I:8»AL110I101CYTT"I A 2020-075 - 44 Martin Street Permission to legalize an existing triplex on a lot having an area of 354.59 sq.m. rather than the required 495. sq.m.; a front yard setback of 2.44m rather than the required 4.5m; a westerly side yard setback of 0.57m rather than the required 1.2m; and, to have 2 off-street parking spaces rather than the required 3 off-street parking spaces. A 2020-076 - 623 Beckview Crescent (Block 2, Registered Plan 58M-632) Permission to construct a stacked townhouse development containing 54 -units having 1.15 parking spaces/per- unit rather than the required 1.25 parking spaces/per-unit; having a 7m Corner Visibility Triangle (CVT) rather than the required 7.5m CVT; and, a 0.5m obstruction into the CVT, whereas the By-law does not permit encroachments into the CVT. A 2020-077 -177 Wilderness Drive Permission to construct a wooden deck in the easterly side yard for a basement entrance on an existing single detached dwelling having a side yard setback of 0.6m rather than the required 0.75m. A 2020-078 - 28 Valencia Avenue Permission to construct a single detached dwelling having a driveway located 8.2m from the intersection of Valencia Avenue and Valencia Court rather than the required setback of 9m. A 2020-079 - 368 Wellington Street North Permission to reconstruct an existing deck and mudroom in the rear -side yard of an existing single detached dwelling having a side yard setback of 0.6m rather than the required 1.2m. A 2020-080 - 335 Lancaster Street West Permission to convert an existing commercial space into a 261.4 sq.m health office having 8 off-street parking spaces rather than the required 17 off-street parking spaces. Pagel of 2 A 2020-081 - 825 King Street West Permission to construct a multi -residential development containing 41 -units having a rear yard setback of 1.18m rather than the required 7.5m; a landscape strip of 2.25m adjacent to the streetline rather than the required 3m; off-street parking spaces located 2.25m from the streetline rather than the required 4.5m; off-street parking located between the front fagade and the lot line, whereas the By-law permit does not parking between the front fagade and the lot line; to permit off-street parking spaces having a width of 2.4m by a depth of 5.5m rather than the required 2.6m width and 5.5m depth; having an off-street parking rate of 0.25 parking spaces/per unit rather than the required 1 off-street parking space/per-unit; and, 0% off street visitor parking spaces rather than the required 15%. A 2020-082 - 293 Blucher Boulevard Permission to construct a triplex on a lot having a width of 12.17m rather than the required 15m; and, a lot area of 371 sq.m. rather than the required 495 sq.m. A 2020-083 - 44 Breithaupt Street Permission to construct stairs exceeding 0.6m in height in the front yard of an existing single detached dwelling having a front yard setback of 0.3m rather than the required 6m; and, to locate the stairs within the Driveway Visibilty Triangle (DVT) whereas only objects 0.9m in height or less are permitted within the DVT. A 2020-084 - 517 Old Cottage Close Permission to construct an uncovered deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.5m rather than the required 4m. B 2020-039 & B 2020-040 - 518 Bridgeport Road East Permission to sever 2 parcels of land and retain 1, both severed lots are intended for residential development. B 2020-039 — Severed Lot 1 B 2020-040 -Severed Lot 2 Retained Lot Width - 24m Width - 24m Width - 54.3m Depth - 55.28m Depth - 44.5m Depth - 55.28m Area — 1238.8 sq. m. Area — 1049.4 sq. m. Area — 3518.7 sq. m. Severed Lot 2 will also require a 51.6 sq. m. access easement for the existing driveway in favour of the retained lot. B 2020-041, A 2020-085 and A 2020-086 -122-124 Mill 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 9.144m, a depth of 43.5m and an area of 408.1 sq.m. The retained land will have a width of 9.144m, a depth of 50m and an area of 448.28 sq. m. Permission is also being requested for a minor variance to legalize the front yard setback of 11 m for both the severed and retained lands rather than the required 6.5m. CC 2020-004 - 56 Roos Street Permission is being requested to modify Conditions 3 through 10 of Provisional Consent decision B 2019-073 granted by the Committee of Adjustment on December 12, 2019 to include those conditions within a development agreement to be registered on title • 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@ 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 2nd day of October 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 OCTOBER 2, 2020. Page 2 of 2 Staff Report Development Services Department 1 :.x www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext.7987 WARD: #3 DATE OF REPORT: September 9, 2020 REPORT #: DSD -20-159 SUBJECT: B2020-026 — 225 Fairway Road South Owner — CF/Realty Holdings Inc. Approve with Conditions PHOTO: 225 Fairway Road South (photo taken June 10, 2020) Planning Comments: The owner of the subject lands is requesting consent for a lease in excess of 21 years for a Chick- fil-A restaurant, which has received Site Plan Approval. The applicant has requested that the lease apply to the entire area shown on the Site Plan as being associated with the development. As shown on the image below this includes but is not limited to buildings, drive-thru, parking areas, sidewalks and patio. Approval of the consent would permit the lease to CHICK-FIL-A-CANADA ULC for a period of time in excess of 21 years and would not have any negative impacts on the remainder of the commercial plaza. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. W II s.� r ' 7,4 iii i sR c�A: Mg PROPOSCQ u' RES7AURAN7 16 Asphal; ItDdva Iorc Limit of Lease JAC L------ - ITP J 4 FiiEC �.I s It 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, staff is satisfied that a lease in excess of 21 years is desirable, appropriate, suitable for the development of the restaurant. The consent is not considered to be premature or pre -determining the outcome of future planning processes. Staff is of the opinion that the proposed development conforms to the Official Plan, 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 the application be approved, subject to conditions. Building Comments: No objections. Traffic Comments: No concerns. Engineering Comments: As this property is still considered one property, Engineering has no concerns. All on-site works will be reviewed and approved through the site plan process. RECOMMENDATION That application B2020-026 for consent for a lease in excess of 21 years in favour of CHICK-FIL-A-CANADA ULC, for a restaurant at 225 Fairway Road South, be approved, subject to the following conditions: That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s), if required by the City Clerk. The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Owner receives approval of the draft reference plan (as required by the City Clerk), from the City's Director of Planning. Katie Anderl, MCIP, RPP Senior Planner 944"I'l- 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 October 9, 2020 Re: Comments for Consent Application B2020-026 Committee of Adjustment Hearing October 20, 2020 CITY OF KITCHENER B2020-026 225 Fairway Road South Cadillac Fairview The owner/applicant is proposing to permit a commercial lease for the future Chick-Fil-A at the northwest corner of the subject property for longer than a 21 -year period. The development is subject to Site Plan Application SP 19/047/F/KA. Environmental Site Assessment: The subject lands are identified as a High and Medium Threat in the Region's Threats Inventory Database. The threat indicators are associated with the former commercial/industrial uses on the property (newspaper/printing building). In accordance with the Region's Implementation Guideline For The Review of Development Applications On Or Adjacent To Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is required prior to the approval of a consent application for a lease in excess of 21 years where lands have been identified as a high or medium potential threat of contamination Regional Staff have reviewed environmental documents prepared for the proposed Chick Fil-A location. The assessment investigated the use of the site as the former Waterloo Record building and conducted ground -penetrating radar to confirm the locations of former underground tanks. Following a review of the proposal and additional documentation provided, Regional Staff have no further concerns related to site contamination. Regional Staff have no objection to the subject application. Document Number: 3420229 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, I Moe r_� Matthew Colley, MCIP, RPP Planner Document Number: 3420229 Version: 1 Staff Report Development Services Department 1 :.x www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext.7987 WARD: #3 DATE OF REPORT: September 9, 2020 REPORT #: DSD -20-138 SUBJECT: B2020-026 — 225 Fairway Road South Owner — CF/Realty Holdings Inc. DEFER PHOTO: 225 Fairway Road South (photo taken June 10 , 2020) Planning Comments: The owner of the subject lands is requesting consent for a lease in excess of 21 years for a Chick- fil-A restaurant, which has received Site Plan Approval. The applicant has requested that the lease apply to the entire area shown on the Site Plan as being associated with the development. As shown on the image below this includes but is not limited to buildings, drive-thru, parking areas, sidewalks and patio. *** This information is available in accessible formats upon request. *** Please call 519-741-23aF or TTY 1-856-969-9994 for assistance. • 7,4 zrao PROPOSED u RCSTAURANT 486 12 SG}A �� C�HC'nET It Drive (or L a•ayl f17q� .'I IS °. [Limit of Lease nllldgasJ[ Asphal; Regional btatt Mas requested deferral of the subject application for 11b F -airway Road South to allow Regional Staff to review any associated environmental documents to determine whether a Record of Site Condition is warranted to assess potential contamination issues on the subject lands. Regional correspondence is attached. RECOMMENDATION That application B2020-026 for consent for a lease in excess of 21 years in favour of CHICK-FIL-A-CANADA ULC, for a restaurant at 225 Fairway Road South, be deferred. Katie Anderl, MCI P, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior 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 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 September 8 2020 Re: Comments for Consent Application B2020-026 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-026 225 Fairway Road South Cadillac Fairview The owner/applicant is proposing to permit a commercial lease for the future Chick-Fil-A at the northwest corner of the subject property for longer than a 21 -year period. The development is subject to Site Plan Application SP 19/047/F/KA. Environmental Site Assessment: The subject lands are identified as a High and Medium Threat in the Region's Threats Inventory Database. The threat indicators are associated with the former commercial/industrial uses on the property (newspaper/printing building). Regional Staff acknowledge that the Environmental Screening Questionnaire submitted with the subject application did not indicate the current or previous land uses or whether any environmental documents (i.e. Phase I or Phase II Environmental Site Assessment) have been prepared or issued for the property. Regional Staff request clarification on this matter and if any studies have been completed that these studies be provided to the Region for review to determine whether there is a potential issue for site contamination. Regional Staff request deferral of the subject application for 225 Fairway Road South to allow Regional Staff to review any associated environmental documents to determine whether a Record of Site Condition is warranted to assess potential contamination issues on the subject lands. Regional staff recommend deferral of the subject application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, 1'4- - Matthew Colley, Planner September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 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: 8 DATE OF REPORT: October 13, 2020 REPORT #: DSD -20-160 SUBJECT: Application No. B2020-033 Address: 4 Westgate Walk Applicant: MHBC Planning (Attn: Carol Wiebe) Owners: Graham Dare & Sandra Dare Summarized Recommendation: Approve Subject to Conditions REPORT Planning Comments: The subject application was heard at the September 15, 2020 Committee of Adjustment meeting. At the applicant's request, the Committee deferred the application to allow additional time to dialogue with City staff regarding the recommended conditions outlined in Development Services Department report DSD - 20 -144. Specifically, the applicant expressed concern with the tree management condition. *** 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, municipally addressed as 4 Westgate Walk, is composed of two lots (Lots 2 and 3, RP 977 — see Appendix A) that front onto Westgate Walk, a cul-de-sac in the Westmount Planning Community. The property is approximately 5,246 square metres in area. The property is located east of Westmount Golf and Country Club and backs directly onto the City of Waterloo boundary. Westgate Walk is composed of 12 lots on Plan of Subdivision RP 977, a subdivision that was approved in 1959. The subdivision has been constructed with single detached dwellings. The subject property is developed with a single detached dwelling, constructed in approximately 1963, that straddles the lot line between Lot 2 and Lot 3, RP 977 (the dwelling is mainly on Lot 2, RP 977; however, a small portion of the dwelling is located on Lot 3). The property is designated Low Rise Residential in the Official Plan and is zoned Residential Two (R-2) in Zoning By-law 85-1. As of yet, no new zoning category is proposed for the subject property through the City's Comprehensive Review of the Zoning By-law (CRoZBy). Planning staff visited the property on August 28, 2020. It should be noted that, since the original submission, the owners have slightly revised the technical request for consent; however, the intent remains the same. In this regard, the revised application relates to Lot 3, RP 977 and requests consent to create a new parcel with an approximate frontage on Westgate Walk of 48.8 metres and an area of 1,920.0 square metres. The Retained Parcel would be irregularly shaped and have an approximate depth of 56.1 metres and an area of 614.3 square metres. Through an approval condition requiring the owner to enter into an agreement, the Retained Parcel (i.e. Part Lot 3, RP 977) would be bound to the adjacent Receiving Parcel (i.e., Lot 2, RP 977). The Proposed Severance Sketch Plan describes the requested transaction (see Appendix B). In practical terms, the purpose of the application is simply to re -organize the two existing lots so that one property (i.e., the whole of Lot 2 plus the Retained Parcel) contains the existing dwelling and associated features (e.g., retaining walls, stairs), and the other property (i.e., the vacant Severed Parcel) is established to allow for future development of a dwelling. Both resultant properties meet all zoning regulations (including Section 5.14 which deals with consolidated lot development) and no variances are needed to facilitate the requested consent. The Severed Parcel would be adequately sized and oriented to be able to accommodate a future dwelling that is characteristic of the surrounding neighbourhood. It should be noted that the application does not propose to modify, add to, or demolish the existing dwelling. Please also see the below Heritage comments. Environmental Planning staff recommends that a condition be applied to require the owner of the Severed and Retained parcels to enter into an agreement with the City to require a tree management plan to be prepared for the severed and retained parcels. After discussion with the applicant, in this particular case, the condition has been modified to respond to the owners' concern about the need for the Planning Division to grant approval for certain landscaping changes. In addition, the revised condition would not be "for the life of the development" but, rather, for the purposes of obtaining a City -approved plan prior to / concurrent with any building permits for the reconfigured lot. As aforementioned, Planning staff recommends that a condition be applied to require the owner to enter into an agreement to bind the Retained Parcel with Lot 2, RP 977. 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, the uses of the resultant parcels conform to the City's Official Plan, the dimensions and shapes of the resultant parcels are appropriate and suitable for the existing and proposed uses, the resultant parcels front onto established public streets, and the resultant parcels will be serviced with independent, adequate municipal service connections. The proposed irregular lot line between the Severed and Retained parcel is appropriately located so as to minimize impact on the existing mature trees and to ensure ownership of stairs and retaining walls remain with the existing dwelling. The requested consent will allow the re -organization of the properties for appropriate residential development and supports the retention of the existing dwelling on the receiving parcel. Based on the foregoing, Planning staff recommends that the subject 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 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 construction of all new residential buildings. Transportation Services Comments: As this application does not create a new lot as per the registered plan of subdivision, Transportation Services will not be asking for funds dedicated to future concrete sidewalks. 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 services that may be required to service these properties, all prior to severance approval. Our records indicate municipal services are available for the proposed properties. Any further enquiries in this regard should be directed to Katie Wood (519-741-2200 ext. 7135). • Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan, showing outlets to the municipal servicing system, will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Environmental Planning Comments: Environmental Planning staff recommends the following revised condition: 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: o That the owner shall prepare a Tree Management Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, and vegetation to be removed and preserved. o The owner further agrees to implement the approved Tree Management Plan. Heritage Comments: The property municipally addressed as 4 Westgate Walk is neither listed or designated under the Ontario Heritage Act, but rather is identified as a property of cultural heritage value or interest and is located within the Westmount East and West Cultural Heritage Landscape. The submission and approval of a Heritage Impact Assessment (HIA) was made a requirement of the processing of the Committee of Adjustment application in order to ensure that the proposed lot line adjustment had regard for and was consistent with Provincial, Regional and Municipal policies relating to the conservation of cultural heritage resources. A draft HIA prepared by MHBC Planning dated February 2020 was submitted and scheduled for comment by the City's Heritage Kitchener committee on Tuesday March 3, 2020. A final HIA prepared by MHBC Planning August 2020 was submitted in relation to Committee of Adjustment application B2020-033. The HIA concluded that the dwelling and associated landscape at 4 Westgate Walk has design/physical and historical/associative cultural heritage value or interest for its association with the Dare family and architect Eberhard Zeidler. The HIA also concluded that the proposed interior lot line adjustment will not result in any loss of cultural heritage value and will have minimal impact on the streetscape and neighbourhood context. The dwelling and associated landscape will be conserved in-situ on the retained lands and the lot line adjustment is aligned to conserve the existing retaining wall. Heritage Planning staff agrees with the conclusions of the HIA that the proposed lot line adjustment will have a neutral impact on the built heritage resource and associated designed landscape and that the existing dwelling will not be isolated by new infill development. The final HIA was approved by the General Manager of Development Services on August 27, 2020. Based on the above comments, Heritage Planning staff has no concerns with the proposed lot line adjustment. Operations Comments: Parkland dedication is not required for this application as no new developable lot has been created. Region of Waterloo Comments: The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. RECOMMENDATION That Consent Application B2019-033, requesting consent to create a new lot with an approximate frontage on Westgate Walk of 48.8 metres and an area of 1,920.0 square metres from the parcel of land described as Lot 3, RP 977, as generally shown on the Proposed Severance Sketch Plan, prepared by MHBC Planning, dated Aug 28, 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 Owner shall enter into an agreement with 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 "Retained Parcel" (as shown in the Proposed Severance Sketch Plan, prepared by MHBC Planning, dated Aug 28, 2020, attached to Report DSD -20-144) and Lot 2, RP 977, to provide the following: That title to the Retained Lands and Lot 2, RP 977 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 Retained Lands nor Lot 2, RP 977 shall be separately conveyed, or otherwise dealt with, without the prior consent 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 4. That the Owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels for the Retained Lands and Lot 2, RP 977 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. 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 the Owner shall prepare a Tree Management Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, and vegetation to be removed and preserved. b. The Owner further agrees to implement the approved Tree Management Plan. 6. That the Owner shall make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed parcel. 7. That the Owner shall prepare a servicing plan, showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 8. That the Owner 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 prior to final approval, the Owner/applicant shall submit the Regional consent review fee of $350.00 per new lot created. Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner Attachments: • Appendix A — Plan of Subdivision RP 977 Appendix B — Proposed Severance Sketch Plan, prepared by MHBC Planning, dated Aug 28, 2020 g it 7:r s fq p m a 4�vu revere. n n K m Po m z n x c < m n n z a w r m x O g^A' j q:�i .a o.. :. 0.�ER�EEry � •.rx, � .� ROAC v z rea ear S, I W� ---------- a3 qq • V \ n R) (D .co v j x s CCD oop 3F '^A �5. x.3333- i Omn�m Z © a s go. A CD 3 5 3 Cn N oNA. J a o s o CD aan33 3 N �+ N + I+ . u� T A"I woX. —'a7n q rn s= CD C w . w (D a'•, (D oN CD yl I y w{�� n m I 9 +%� N i95 _ W� ---------- a3 qq • V \ n R) (D .co v j x s CCD oop 3F '^A �5. x.3333- i Omn�m Z © a s go. A CD 3 5 3 Cn N oNA. J a o s o CD aan33 3 N �+ N + I+ . Staff Repoil Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668 WARD: 8 DATE OF REPORT: September 8, 2020 REPORT #: DSD -20-144 SUBJECT: Application No. B2020-033 Address: 4 Westgate Walk Applicant: MHBC Planning (Attn: Carol Wiebe) Owners: Graham Dare & Sandra Dare Summarized Recommendation: Approve Subject to Conditions REPORT Planning Comments: The subject property, municipally addressed as 4 Westgate Walk, is composed of two lots (Lots 2 and 3, RP 977 — see Appendix A) that front onto Westgate Walk, a cul-de-sac in the Westmount Planning Community. The property is approximately 5,246 square metres in area. The property is located east of Westmount Golf and Country Club and backs directly onto the City of Waterloo boundary. Westgate Walk is composed of 12 lots on Plan of Subdivision RP 977, a subdivision that was approved in 1959. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The subdivision has been constructed with single detached dwellings. The subject property is developed with a single detached dwelling, constructed in approximately 1963, that straddles the lot line between Lot 2 and Lot 3, RP 977 (the dwelling is mainly on Lot 2, RP 977; however, a small portion of the dwelling is located on Lot 3). The property is designated Low Rise Residential in the Official Plan and is zoned Residential Two (R-2) in Zoning By-law 85-1. As of yet, no new zoning category is proposed for the subject property through the City's Comprehensive Review of the Zoning By-law (CRoZBy). Planning staff visited the property on August 28, 2020. It should be noted that, since the original submission, the owners have slightly revised the technical request for consent; however, the intent remains the same. In this regard, the revised application relates to Lot 3, RP 977 and requests consent to create a new parcel with an approximate frontage on Westgate Walk of 48.8 metres and an area of 1,920.0 square metres. The Retained Parcel would be irregularly shaped and have an approximate depth of 56.1 metres and an area of 614.3 square metres. Through an approval condition requiring the owner to enter into an agreement, the Retained Parcel (i.e. Part Lot 3, RP 977) would be bound to the adjacent Receiving Parcel (i.e., Lot 2, RP 977). The Proposed Severance Sketch Plan describes the requested transaction (see Appendix B). In practical terms, the purpose of the application is simply to re -organize the two existing lots so that one property (i.e., the whole of Lot 2 plus the Retained Parcel) contains the existing dwelling and associated features (e.g., retaining walls, stairs), and the other property (i.e., the vacant Severed Parcel) is established to allow for future development of a dwelling. Both resultant properties meet all zoning regulations (including Section 5.14 which deals with consolidated lot development) and no variances are needed to facilitate the requested consent. The Severed Parcel would be adequately sized and oriented to be able to accommodate a future dwelling that is characteristic of the surrounding neighbourhood. It should be noted that the application does not propose to modify, add to, or demolish the existing dwelling. Please also see the below Heritage comments. Planning staff recommends that a condition be applied to require the owner of the Severed and Retained parcels to enter into an agreement with the City to require that a tree management plan be prepared in advance of the submission of building permit application on the Severed and Retained parcels. As aforementioned, Planning staff recommends that a condition be applied to require the owner to enter into an agreement to bind the Retained Parcel with Lot 2, RP 977. 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, the uses of the resultant parcels conform to the City's Official Plan, the dimensions and shapes of the resultant parcels are appropriate and suitable for the existing and proposed uses, the resultant parcels front onto established public streets, and the resultant parcels will be serviced with independent, adequate municipal service connections. The proposed irregular lot line between the Severed and Retained parcel is appropriately located so as to minimize impact on the existing mature trees and to ensure ownership of stairs and retaining walls remain with the existing dwelling. The requested consent will allow the re -organization of the properties for appropriate residential development and supports the retention of the existing dwelling on the receiving parcel. Based on the foregoing, Planning staff recommends that the subject 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 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 construction of all new residential buildings. Transportation Services Comments: Transportation Services will require funds to be dedicated to Engineering Services for a future 1.8m concrete sidewalk along the entire frontage of the severed portion of the original property. The approximate estimated cost is $11,212.78 based on 48.8 metres of frontage on Westgate Walk. 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 services that may be required to service these properties, all prior to severance approval. Our records indicate municipal services are available for the proposed properties. Any further enquiries in this regard should be directed to Katie Wood (519-741-2200 ext. 7135). • Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan, showing outlets to the municipal servicing system, will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Environmental Planning Comments: The standard tree management condition is required. Heritage Comments: The property municipally addressed as 4 Westgate Walk is neither listed or designated under the Ontario Heritage Act, but rather is identified as a property of cultural heritage value or interest and is located within the Westmount East and West Cultural Heritage Landscape. The submission and approval of a Heritage Impact Assessment (HIA) was made a requirement of the processing of the Committee of Adjustment application in order to ensure that the proposed lot line adjustment had regard for and was consistent with Provincial, Regional and Municipal policies relating to the conservation of cultural heritage resources. A draft HIA prepared by MHBC Planning dated February 2020 was submitted and scheduled for comment by the City's Heritage Kitchener committee on Tuesday March 3, 2020. A final HIA prepared by MHBC Planning August 2020 was submitted in relation to Committee of Adjustment application B2020-033. The HIA concluded that the dwelling and associated landscape at 4 Westgate Walk has design/physical and historical/associative cultural heritage value or interest for its association with the Dare family and architect Eberhard Zeidler. The HIA also concluded that the proposed interior lot line adjustment will not result in any loss of cultural heritage value and will have minimal impact on the streetscape and neighbourhood context. The dwelling and associated landscape will be conserved in-situ on the retained lands and the lot line adjustment is aligned to conserve the existing retaining wall. Heritage Planning staff agrees with the conclusions of the HIA that the proposed lot line adjustment will have a neutral impact on the built heritage resource and associated designed landscape and that the existing dwelling will not be isolated by new infill development. The final HIA was approved by the General Manager of Development Services on August 27, 2020. Based on the above comments, Heritage Planning staff has no concerns with the proposed lot line adjustment. Operations Comments: Parkland dedication is not required for this application as no new developable lot has been created. Region of Waterloo Comments: The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. RECOMMENDATION That Consent Application B2019-033, requesting consent to create a new lot with an approximate frontage on Westgate Walk of 48.8 metres and an area of 1,920.0 square metres from the parcel of land described as Lot 3, RP 977, as generally shown on the Proposed Severance Sketch Plan, prepared by MHBC Planning, dated Aug 28, 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 owner shall enter into an agreement with 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 "Retained Parcel" (as shown in the Proposed Severance Sketch Plan, prepared by MHBC Planning, dated Aug 28, 2020, attached to Report DSD -20-144) and Lot 2, RP 977, to provide the following: That title to the Retained Lands and Lot 2, RP 977 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 Retained Lands nor Lot 2, RP 977 shall be separately conveyed, or otherwise dealt with, without the prior consent 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 4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels for the Retained Lands and Lot 2, RP 977 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. 5. Prior to the commencement of any grading on the severed or retained lands, the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: a. That the owner shall prepare a Tree Preservation Plan for the severed 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, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The owner further agrees to implement the approved Tree Preservation Plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. c. The owner agrees to maintain the severed and retained lands, in accordance with the approved Tree Preservation Plan, for the life the development. 6. That the owner shall make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed parcel. 7. That the owner shall prepare a servicing plan, showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 8. That the owner 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 satisfactory arrangements with the Director of Engineering Services for payment towards future sidewalk installation along the frontage of the severed parcel. 10. That prior to final approval, the owner/applicant shall submit the Regional consent review fee of $350.00 per new lot created. Andrew Pinnell, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Attachments: • Appendix A — Plan of Subdivision RP 977 • Appendix B — Proposed Severance Sketch Plan, prepared by MHBC Planning, dated Aug 28, 2020 g it 7:r s fq p m a 4�vu revere. n n K m Po m z n x c < m n n z a w r m x O g^A' j q:�i .a o.. :. 0.�ER�EEry � •.rx, � .� ROAC v z rea ear S, I W� ---------- a3 qq • V \ n R) (D .co v j x s CCD oop 3F '^A �5. x.3333- i Omn�m Z © a s go. A CD 3 5 3 Cn N oNA. J a o s o CD aan33 3 N �+ N + I+ . u� T A"I woX. —'a7n q rn s= CD C w . w (D a'•, (D oN CD yl I y w{�� n m I 9 +%� N i95 _ W� ---------- a3 qq • V \ n R) (D .co v j x s CCD oop 3F '^A �5. x.3333- i Omn�m Z © a s go. A CD 3 5 3 Cn N oNA. J a o s o CD aan33 3 N �+ N + I+ . N14*4r Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 28, 2020 Re: Comments for Consent Applications B2020-027 to 62020- 038 and CC2020-002 to C2020-003 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-027 and B2020-028 11 Chicopee Park Court Dharmanand and Basmatie Anghad The owner/applicant is proposing a severance to create three residential lots. The application was previously brought forward as B2018-119 and B2018-120. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject property is in close proximity to both Fairway Road and River Road. As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound Document Number: 3387664 Version: 1 level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP). The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). B2020-029 442 Old Chicopee Trail Ewa Munch and John Brodrecht The owner/applicant is proposing to demolish the existing dwelling and sever the existing oversized irregular lot into two separate buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that although the subject lands at 442 Old Chicopee Trail was excluded from the archaeological assessments completed for the surrounding developments, the majority of this parcel has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that a registered archaeological site is in very close proximity to the subject lands. Due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is Document Number: 3387664 Version: 1 needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Environmental Noise: The owner/applicant is advised that the subject lands are located within the Zoned Regulated Area of the Region of Waterloo International Airport, specifically the Outer Limit. As such, the dwelling occupants will be subject to presence and noise from flying aircraft. These lands will be subject to provisions of the Airport Zoning regulations. Regional Staff note that the subject lands are also located approximately 185 metres of Fairway Road North (RR#53) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." Document Number: 3387664 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." :YKIYUKIKII 58 Barbara Crescrent Dragan Vujovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3387664 Version: 1 Environmental Noise: Regional Staff note the subject lands are located in close proximity of Conestoga Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: Document Number: 3387664 Version: 1 "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." B2020-031 500 Karn Street Cailin Pele The owner/applicant is proposing to remove the existing dwelling and garage and sever the lot into two separate buildable lots. This application was previously circulated as B2019-009 and lapsed before all conditions were fulfilled. Regional Fee: Regional Staff confirm receipt of the required consent review fee. The Region has no objection to the proposed application. B2020-032 160 Strange Street Richard and Erin Griesbaum The owner/applicant is proposing a severance to create two buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that the subject lands at 160 Strange Street has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3387664 Version: 1 cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, If human remains/or a grave site is discovered during development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 4 Westgate Walk Graham and Sandra Dare The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-034 to B2020-036 956-962 Glasgow Street MHBC c/o Pierre Chauvin The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse dwelling that is part of a standard condominium registered in July 1997. The existing owners of the condo wish to terminate the condo in accordance with Section 122 of the Condo Act. The purpose of the application is to sever the existing condo units into individual conveyable lots to terminate the condominium. No new development is proposed. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: The subject lands are located approximately 90 metres from University Avenue West (RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts from traffic noise on these streets. Regional Staff acknowledge that there is no new proposed development. However, Regional Staff will require the owner/applicant to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Document Number: 3387664 Version: 1 Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed severed and retained lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant enter into a registered development agreement with the Region of Waterloo for all dwellings on the severed and retained lands to include the following warning clause in all agreements of Offers of Purchase and Sale, lease/rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMO M and the Ministry of the Environment Conservation & Parks (MECP)." :]KIN11KIkFl 1541 Highland Road West Mandur Enterprises Inc. The owner/applicant is proposing a sanitary easement for the adjacent property 1557 Highland Road West. Regional Staff have no objections to the proposed application. B2020-038 31 Wilfong Drive Elaine Wilfong The subject lands were merged in title upon death of spouse. The owner/applicant is proposing to sever the land to sell the property. Document Number: 3387664 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. CC2020-002 and CC2020-003 32 Forwell Road Gatekey Aggregates The owner/applicant is proposing a Change of Conditions for consent applications B2019-074 and B2019-075. The original applications were to sever two parcels of land from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88 Centennial Road. The Change of Condition application relate to the City of Kitchener Condition No.8 from the January 2020 decision related to a Record of Site Condition (RSC) for the parkland dedication. Given the timeframes for completing an RSC, the owner/applicant is proposing a `cash -in -lieu' of parkland dedication. Regional Staff have no objections to the proposed application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, r Matthew Colley, Planner Document Number: 3387664 Version: 1 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Holly Dyson From: Holly Dyson Sent: 08 September, 2020 9:42 AM To: 'Joel Cotter' Subject: RE: Kitchener Committee of Adjustment - September 15, 2020 - B 2020-033 - 4 Westgate Walk Hi Joel, Just confirming I received your email. Thank you for your comments, they will be attached to the member's packages. Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly. dyson(aD-kitchener.ca From: Joel Cotter <Joel.Cotter@waterloo.ca> Sent: 04 September, 2020 4:51 PM To: Holly Dyson <Holly.Dyson@kitchener.ca> Cc: Janine Oosterveld <Janine.Oosterveld@kitchener.ca> Subject: [EXTERNAL] RE: Kitchener Committee of Adjustment - September 15, 2020 Hi Holly, Resending 2nd time due to email bounce back. Please confirm receipt. Joel JOEL COTTER nnciP RPP Director, Planning Division • City of Waterloo P: 519.747.8543 E: joel.cotter@waterloo.ca 100 Regina Street South, P.O. Box 337 STN Waterloo, Waterloo Ontario, N2J 4A8 THE CIIV OF wbtirloo From: Joel Cotter Sent: September 4, 2020 4:37 PM To:'holly.dyson@kitchener.ca' <holly.dyson@kitchener.ca> Cc: Janine.Oosterveld@kitchener.ca Subject: FW: Kitchener Committee of Adjustment - September 15, 2020 Hi Holly, Resending due to email bounce back. Please confirm receipt. 1 Joel JOEL COTTER McIP RPP Director, Planning Division • City of Waterloo P: 519.747.8543 E: joel.cotter@waterloo.ca 100 Regina Street South, P.O. Box 337 STN Waterloo, Waterloo Ontario, N2J 4A8 THE CffV OF ftftrloo From: Joel Cotter <Joel.Cotter@waterloo.ca> Sent: September 4, 2020 4:15 PM To: Lisa Morrison <Lisa.Morrison @waterloo.ca>; HolIy.Dyson@kitchener.ca Cc: Natalie Hardacre <Natalie.Hardacre@waterloo.ca>; Joel Cotter <Joel.Cotter@waterloo.ca>; Danielle Ingram <Danielle.Ingram @waterloo.ca> Subject: RE: Kitchener Committee of Adjustment - September 15, 2020 Hi Holly, The City of Waterloo has no concerns relative to A2020-065 or 132020-034-036. With respect to 132020-033, we request that no boundary trees or regionally/provincially significant trees be removed or impacted on or near the municipal boundary, as verified through a Vegetation Management (Tree Savings) Plan, unless authorized by a qualified arborist due to decline or a hazardous condition. Regards, Joel JOEL COTTER McIP RPP Director, Planning Division • City of Waterloo P: 519.747.8543 E: joel.cotter@waterloo.ca 100 Regina Street South, P.O. Box 337 STN Waterloo, Waterloo Ontario, N2J 4A8 THL CITY OF l ft*rloo From: Holly Dyson <Holly.Dyson@kitchener.ca> Sent: August 25, 2020 4:05 PM To: Lisa Morrison <Lisa.Morrison @waterloo.ca> Subject: [EXTERNAL] FW: Kitchener Committee of Adjustment - September 15, 2020 Hi Lisa, Regarding my email below, Danielle's out of office says to direct these emails to you while she's on vacation. Thanks. Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly. dyson(cDkitchener.ca -;�— G-..- 0 From: Holly Dyson Sent: 25 August, 2020 3:17 PM To:'Danielle Ingram' <Danielle.Ingram @waterloo.ca> Cc: Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: Kitchener Committee of Adjustment - September 15, 2020 Hi Danielle, Please find attached Kitchener's Committee of Adjustment September applications that have properties bordering the City of Waterloo. If you have concerns, please let me know by September 4, 2020. If you have no concerns I don't need to hear back. I will be sending another email shortly with maps requesting addresses for the property owners within 30m of the subject property. It would be greatly appreciated if you could get those addresses to me by this Friday, August 28, 2020. Thanks Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly. dyson(cDkitchener.ca I. � . .x ITTune IMPORTANT NOTICE: This communication (including attachments) is intended solely for the named addressee(s) and may contain information that is privileged, confidential and exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Staff Report KriI IENER CommunityServicces Department www.kirchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 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: 9 DATE OF REPORT: October 13, 2020 REPORT #: DSD -20-161 SUBJECT: A 2020-075 — 44 Martin Street Owner — Hema Jampala Approve with Conditions Photo 1: Aerial photo REPORT Planning Comments: The property is zoned R-5 (Residential Five) in By-law 85-1 and designated as Low Rise Conservation in the Mill Courtland Woodside Park Neigbourhood Plan of the Official Plan. It is located on the north side of Martin Street between Benton and Peter Streets. Staff visited the site on October 5, 2020. The owner is requesting permission to legalize an existing 3 -unit multiple dwelling (triplex) on a lot having an area of 354.59 square metres rather than the required 495 square metres; a front yard setback of 2.44 metres rather than the required 4.5 metres; a westerly side yard setback of 0.57 metres rather than the required 1.2 metres; and, to have 2 off-street parking spaces rather than the required 3 off-street parking spaces. 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. History The subject property was originally developed with a single detached building circa 1938. A two-storey addition and attached garage was added in 2016 to the single detached dwelling. Then in 2017, a building permit was obtained to convert the single detached dwelling to a duplex. At some date after this, further conversion was made to three -units without a building permit. A complaint was subsequently received the City's Enforcement division. The current owner bought the property in early 2019 and wishes to legalize the third unit. It is noted the Committee of Adjustment decision A 2015-088 legalized the subject lot abutting a public highway having a width of 9.1 metres rather than the required 12.19 metres. General Intent of the Official Plan The subject property is designated Low Rise Conservation in the Mill Courtland Woodside Park Neigbourhood Plan. The intent of the designation is to `retain the existing low rise, low density, primarily detached housing stock while simultaneously allowing a slight density increase by permitted conversion or redevelopment to a maximum of three dwelling units.' It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of minimum lot area yard setbacks is to ensure that the location of the building and the size of lot are appropriate for three dwelling units. A lot area of 495 square metres is generally required for a triplex, as this would permit a parking area for three vehicles in the rear yard; as well as an amenity area for the residents. Because of the attached garage, parking in the rear yard is not possible. Additionally, the owner is requesting a parking variance (see comments below). The existing lot area of 354.49 square metres does provide for a rear yard amenity area for the residents and staff is of the opinion that this variance meets the general intent of the by-law. As well, the intent of the setbacks is to ensure that the building does not negatively impact the neighbouring properties nor the streetscape. The reduced front yard of 2.44 metres and side yard of 0.57 metres acknowledges the original building that was constructed in 1938. As a duplex, the setbacks noted are legal through Section 5.15 `Existing Use' of the Zoning By-law. However, by converting to a triplex use, the setbacks are no longer covered by Section 5.15 and therefore are being considered through this variance application. It is noted that the 2016 addition meets the required setbacks for a triplex. As the front yard and side yard setback variances are to acknowledge the 1938 building, which has not been a concern to date, staff is of the opinion that the two variances meet the general intent of the by-law. Regarding the parking variance to request two off-street parking spaces rather than the required three spaces, staff notes that the subject property is located near the downtown area; as well as near bus routes along Courtland and Benton Streets. Transportation Planning staff is in support of the variance (noted below) provided that the owner advises future tenants of the unit without parking that there is no parking space available. Planning staff is of the opinion that the general intent of the by-law is met. Minor As noted above, the lot size, setbacks and reduction in one parking space meet the general intent of the by- law; as well as the Official Plan which encourages a slight density increase to a maximum of three units. Staff is of the opinion that the variances are minor as no adverse impacts resulting from the variances are anticipated. ADDroariate Develoament The proposed variances acknowledge an existing use that is appropriate for the size of the lot and surrounding neighbourhood/streetscape. 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 change of use to a triplex is obtained prior to construction. Please contact the Building Division @ build ing@kitchener.ca with any questions. Transportation Services Comments: Transportation Services can support the proposed two parking spaces rather than the required three for a triplex, provide that when the unit without a parking spaces is available for rent, it is advertised as not having a legal on-site parking space. Engineering Comments: Engineering has no comments or concerns. Environmental Planning Comments: Recognizing that there is no new development / construction, there are no environmental planning concerns. Heritage Planning: There are no cultural heritage planning concerns or issues with this application. However, the applicant is advised that the property municipally addressed as 44 Martin Street is located within the Cedar Hill Neighbourhood Cultural Heritage Landscape (CHL). 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 and was the first step of a phased CHL conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. RECOMMENDATION: That application A 2020-075 requesting permission to legalize an existing 3 -unit multiple dwelling (triplex) on a lot having an area of 354.59 square metres rather than the required 495 square metres; a front yard setback of 2.44 metres rather than the required 4.5 metres; a westerly side yard setback of 0.57 metres rather than the required 1.2 metres; and, to have 2 off-street parking spaces rather than the required 3 off-street parking spaces, be approved, subject to the following conditions: 1) That a building permit be obtained from the Building Division; 2) That the owner confirms their acknowledgement that when the unit without a parking spaces is available for rent, it is advertised as not having a legal on-site parking space; and, 3) That conditions 1 through 2 noted above be completed by July 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. a""e (?� 'A n - 11tr' Sheryl Rice Menezes, CPT Planning Technician (Zoning) (164"1- tA Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — 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 Document Number: 3413295 Page 1 of 2 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department 1 :.x www1l tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner - 519-741-2200 ext. 7987 WARD: # 5 DATE OF REPORT: October 14, 2020 REPORT #: DSD -20-162 SUBJECT: A2020-076 - 632 Beckview Crescent Owner - 2506781 ONTARIO INC. Recommendation -Approve r� . 004-r b ._. k J 7 Lands subject Vi( } 0\� Location Map: 632 Beckview Crescent *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Image 1: Subject Lands (623 Beckview Cres). Photo taken September 17, 2020. REPORT Planning Comments: The subject property is located within the Wallaceton subdivision (30T-07205) as shown on the Location Map above. The lands are zoned Residential Eight Zone (R-8) with Special Regulation 502R. The parcel of land is proposed to be developed with a stacked townhouse development containing 54 dwelling units. The proposed development has received Site Plan Approval in Principle from the Site Plan Review Committee, however this approval is subject to the owner receiving approval of the proposed minor variances for a reduction to parking and obstructions within the corner visibility triangle. The proposed development complies with all other zoning regulations including setbacks, height and density (FSR). More specifically, the Owner is requesting the following minor variances: 1. Relief from Special Regulation Provision 502R to permit a parking ratio of 1.15 spaces per unit, rather than 1.25 spaces per unit; and 2. Relief from section 4 to permit a Corner Visibility Triangle to be the triangular area formed within a corner lot by the intersecting street lines or the projections thereof to be measured at 7.0 m rather than at 7.5 metres from their point of intersection, and 3. Relief from section 5.3 to permit a 0.5 m obstruction in the corner visibility triangles, whereas no obstruction is permitted. 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. Variance 1: Parking Reduction The applicant is proposing to reduce the required parking ratio from 1.25 spaces per unit to 1.15 spaces per unit. This parking ratio would allow for 1 space per unit and 0.15 visitor spaces per unit. The proposed ratio represents an overall parking requirement of 62 spaces rather than 68 spaces. General Intent of the Official Plan The subject lands are designated Medium Rise Residential in the Official Plan, and the proposed land use is consistent with the uses within this land use designation. Official Plan policies also support the provision of adequate parking, in such a way that will maximize the efficient use of land, and promote active transportation and the use of public transit. The subject site is located in close proximity to planned transit routes, on and off road cycling facilities, is within walking distance of parks, schools and planned commercial facilities, and fronts onto a street which does not have private driveways, but rather has a significant amount of on -street parking. Such measures will help reduce on-site parking demands, and staff is of the opinion that the proposed parking reduction maintains the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the minimum parking requirement for dwelling units is to ensure there is sufficient on-site parking and other transportation options available to meet the transportation needs of residents and visitors to the site. The subject site is located in close proximity to planned transit, and is in proximity to existing and planned active transportation routes (include bike lanes, sidewalks and a multi -use pathway network). The Site Plan includes 28 secure, weather protected bike parking spaces as well as traditional bike racks, while not in effect, this aligns with the proposed CRoZBy bike parking requirements. The surrounding neighbourhood is very walkable and contains a planned mix of uses including schools, parks, a new community centre, and a large mixed-use node at the intersection of Fischer Hallman Road and Huron Road. Staff is of the opinion that residents are less likely to require a personal vehicle (and associated parking spaces) for daily transportation needs in this neighbourhood, than in many other suburban locations, and that the intent of the by-law is maintained. Is the Variance Minor? Staff is of the opinion that the variance is minor. Given the characteristics of the development and surrounding area, and proximity to transit and active transportation facilities, staff is of the opinion that the proposed variance will provide a sufficient supply of parking for future residents and visitors to the site. Is the Variance Appropriate? The proposed development is in a location and being designed so that there is a reduced need for residents to own private automobiles, which is expected to result in fewer on-site parking spaces being required for the proposed development. Further, the proposed reduction aligns with the parking rate in the new CRoZBy regulations. Staff is of the opinion that the variance is appropriate for the development and use of the lands. Variances 2 & 3: Reduction in size of corner visibility triangle and encroachment The applicant is requesting permission for a corner visibility triangle (CVT) to be the triangular area formed within a corner lot by the intersecting street lines or the projections thereof to be measured at 7.0 m rather than at 7.5 metres from their point of intersection, and to permit a encroachment into the CVT. While the original application only identified a porch encroachment, staff also observe that an architectural feature designed to screen gas meters also encroaches into the CVT. Therefore, staff recommends that the requested variance should be amended so that it seeks permission for a 0.5 metre encroachment into the CVT, so that both the porch and architectural screening element may encroach. General Intent of the Official Plan Urban Design policies of the Official Plan indicate that in Suburban Neighbourhoods, the City's primary focus is to create diverse, attractive, safe and walkable neighbourhoods that contribute to complete and healthy communities. The intent these policies is to ensure that new buildings are designed to enhance pedestrian usability, respects and reinforce human scale, create attractive streetscapes and contribute to rich and vibrant urban places, while preserving safety for vehicles. The 0.5m encroachment provides for front porches and an enhanced architectural feature which will help screen gas meters. Both these features help to improve the streetscape and architectural expression of the development. The proposed buildings are located close to the street, enhancing and creating an interesting and intimate streetscape while helping to contribute to the pedestrian experience. Staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of a CVT is to ensure that drivers can see traffic and pedestrians approaching an intersection, before making a turn. Transportation Services staff has completed a review of visibility triangles as part of the Comprehensive Review of the Zoning By-law and are recommending new triangle standards. Staff has determined that a 7.0 metre corner visibility triangle is an appropriate size to maintain safety and visibility in a residential neighbourhood. The new dimension is included in the new zoning by-law regulations. In this instance, staff is of the opinion that safety and visibility will be preserved with the reduced CVT size and 0.5 m encroachment. The subject site is located at the intersection of streets which are built with wide boulevards and intersection curb extensions around lay-by parking. This design causes drive -lanes to have increased separation from property lines improving sightlines, while also narrowing pavement width which helps slow turning movements. Together, these streetscape conditions result in both increased visibility within the right-of-way and slower turning movements at intersections, allowing buildings and structures to be safely located closer to the corner, while maintaining visibility and safety. Based on the foregoing, staff is of the opinion that the general intent of the by-law is maintained. Is the Variance Minor? The overall right-of-way and neighbourhood design help to improve visibility at intersections and slow traffic, thereby maintaining intersection safety. Staff is of the opinion that the variances are minor. Is the Variance Appropriate? The proposed porches and gas meter screening elements are urban designs feature which contribute to the streetscape and only cause a small obstruction. The design of streets and intersections in this subdivision helps to improve corner visibility and slow speeds within the right-of-way, thereby requiring less setback on private property to achieve the same degree of safety. Based on the foregoing, staff is of the opinion that the proposed variance is appropriate for the development and use of the lands. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services is aware of the proposed reductions being sought for on-site parking, corner visibility triangle (CVT) and 0.5 metre encroachment into the CVT. The on-site parking and CVT reductions both follow the intent of the future zoning by-law (Crozby) and based on the nature of the 0.5 metre encroachment into the CVT, it is minor. Therefore, Transportation Services can support the variances being proposed. Engineering Comments: Engineering has no concerns with the subject application. RECOMMENDATION That application A2020-076 requesting relief from Special Regulation Provision 502R to permit a parking rate of 1.15 spaces per unit rather than 1.25 spaces per unit; from s. 4 to permit a Corner Visibility Triangle to be the triangular area formed within a corner lot by the intersecting street lines or the projections thereof to be measured at 7.0 m rather than at 7.5 metres from their point of intersection; and from s. 5.3 to permit obstructions to project 0.5 m into the corner visibility triangles, whereas no obstructions are permitted, be approved, subject to the following condition: 1. That the subject variances shall apply to the site layout considered through Site Plan Application SP19/142/B/KA. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — 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 Document Number: 3413295 Page 1 of 2 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff RepoifK�i-'(]HF:NF R Development Services Department wwwkitchener.a REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 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: 5 DATE OF REPORT: October 9, 2020 REPORT NUMBER: DSD -20-163 SUBJECT: Application A2020-077 177 Wilderness Drive Owners/Applicants — Pinkal Ambalal Patel & Pinalben Pinkal Patel Approve Subject Property: 177 Wilderness Drive Staff Repoif K„4_,( FK Development Services Department wwwkitchener.ca Report: The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as Residential Four (R-4) in Zoning By-law 85-1. Minor Variance Application A2020-077 requests relief from Section 5.6.1(b) to permit steps within an interior side yard of 0.6 metres whereas 0.75 metres. A site inspection was conducted on October 13, 2020. Existing Side Yard — 177 Wilderness Drive Staff Report Development Services Department Planning Comments: wwwkitchener. c a In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent of the Official Plan The intent of the Low Rise Residential land use designation is to permit low density residential uses. The property is developed with a single detached dwelling. A new side door access is now proposed to permit a direct entry into the basement for a future duplex use. Low density residential uses, including single detached and duplex dwellings, are permitted in the Low Rise Residential land use designation. Planning Staff is of the opinion that the general intent of the Official Plan is maintained. 2. General Intent of the Zoning By-law The intent of the 0.75 metre setback is to ensure that there is adequate room to maintain the steps and to ensure that steps and landings are not located too close to a property line to impact to an adjacent property. The 0.6 metres setback is sufficient to construct and maintain the steps and landing within the limit of the property. The landing is 0.75 metres above grade and is proposed to be the minimum size required by the Ontario Building Code. Planning Staff is of the opinion that the requested minor variance meets the general intent of the Zoning By-law. 3. Is the Variance Minor? The steps and landing will not have adverse impacts to the adjacent property. The opposite side yard will allow for access to the rear yard from the front yard. The steps and landing are for access only and are not sized or designed to serve as amenity purpose in the side yard. The requested variance is minor. 4. Is the Variance Appropriate? The reduction from 0.75 metres to 0.6 metres is appropriate, as it will allow for a private and separate access to the future dwelling in the basement. Planning Staff is of the opinion that the variance is appropriate. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to change the use into a duplex and is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application Heritage Comments: Heritage Planning staff has no concern with this application. Engineering Comments: Engineering has no comments or concerns. Environmental Planning Comments: Environmental Planning staff has no comments or concerns. Staff Report vx Development Services Department wwwkitchener.ca Region of Waterloo: Regional staff has reviewed the application and has no concerns. RECOMMENDATION: Minor Variance Application A2020-077 requests relief from Section 5.6.1(b) to permit steps within an interior side yard of 0.6 metres whereas 0.75 metres, be approved. Garett Stevenson, B.E.S., MCIP, RPP Senior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — 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 Document Number: 3413295 Page 1 of 2 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff ReportKAN-,.}Z Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Planner — 519-741-2200 ext. 7843 WARD: 5 DATE OF REPORT: October 13, 2020 REPORT #: DSD -20-164 SUBJECT: A2020-078 — 28 Valencia Avenue Applicant — Karen Cramer Recommendation: Approval 137 1:g S 9T7 7 179 >✓i�` 171 L rr l� 1 x ,1 i i l • 4 44 Location Map: 28 Valencia Avenue *** 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 28 Valencia Avenue is zoned Residential Three Zone (R-3) in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on October 2, 2020. The applicant is requesting relief from Section 6.1.1.1.b) iv) of the Zoning By-law to locate a driveway 8.2 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. Vacant Lot at 28 Valencia Avenue (October 2, 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 Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The Residential designation in the Official Plan places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. it is the opinion of staff that the proposed variance is appropriate. The requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The intent of the 9.0 metres setback is to ensure that there are no obstructions within the corner visibility triangle, and ensuring vehicles entering and exiting the intersection can do so safely. 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. Is the Variance Appropriate? 3. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Therefore, the variance is appropriate for the development and use of the land. Is the Variance Minor? 4. The reduction in setback of 0.8 metres can be considered minor as it is not expected to cause any obstructions in the Corner Visibility Triangle (CVT) and will continue to allow vehicles to safely ingress/egress the site and the variance represents a small reduction in the from the requirement. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new building is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services can support the proposed reduced driveway setback from an intersection to 8.2 metres, from the required 9.0 metre setback. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-078 requesting permission to construct a single detached dwelling having driveway located 8.2m from the intersection of Valencia Avenue and Valencia Court, rather than the required setback of 9 metres be approved. Eric Schneider, MCIP, RPP Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — 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 Document Number: 3413295 Page 1 of 2 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: www.kitch ever. ca Committee of Adjustment October 20, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Planner — 519-741-2200 ext. 7860 10 October 9, 2020 DSD -20-165 A2020-079— 368 Wellington Street North Applicant — Debra Riddell Recommendation: Approval OP 0,k,str� Location Map: 368 Wellington Street North REPORT Planning Comments: r The subject property located at 368 Wellington Street North is zoned Residential Five (R-5) with Special Use Provision 129U and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build an addition and associated deck on to the existing single detached dwelling and cannot *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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 October 6, 2020. 368 Wellington Street North (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 Residential in the City's 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 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 addition in question is replacing a former mudroom and deck that was existing on site with a setback of 0.6m. Due to the age of the mudroom the applicant is replacing and renovating the structure in the existing location. The reduction in the side yard setback will have a minimal effect on adjacent lands, as the addition and deck will be located in the same location as the former structures. As such, 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 is replacing an existing legal non -conforming setback 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. Proposed addition and deck — 368 Wellington Street North 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 for the addition and deck 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: There are no cultural heritage planning concerns or issues with this application. However, the applicant is advised that the property municipally addressed as 368 Wellington Street North is located within the Mt Hope/Breithaupt Neighbourhood Cultural Heritage Landscape (CHL). 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 and was the first step of a phased CHL conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. RECOMMENDATION That minor variance application A2020-079 requesting permission to build an addition and associated deck to have a side yard setback of 0.6 metres rather than the permitted 1.2 metres, be approved. L 22 Tim Seyler, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — 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 Document Number: 3413295 Page 1 of 2 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department 1 K�_R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 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: October 9, 2020 REPORT #: DSD -20-166 SUBJECT: A2020-080 — 335 Lancaster Street West Owner — Dr. Andrew Stewart & Alison Salhani Approve with condition AS AMENDED ,f # � Subject Property vwwr *1� LU REPORT Planning Comments: Location Map: 335 Lancaster Street West The subject property located at 335 Lancaster Street West is designated Mixed Use in the City's Official Plan. In Zoning By-law 85-1, the property is zoned Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R. In Zoning By-law 2019-051 (currently under appeal), the property is zoned Mixed Use One (MIX -1). *** 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 contains an existing one -storey building which is proposed to be converted, via Building Permit, to a Health Clinic / Health Office. Through review of the Building Permit, a parking deficiency has been flagged. There are only 8 parking spaces available on the property. In Zoning By- law 85-1, 17 parking spaces are required, and in Zoning By-law 2019-051, 14 spaces would be required. A minor variance request has been made to facilitate the use of the building as a Health Office/Clinic. Amendment to Variance Request The initial variance request only applied to Zoning By-law 85-1. Staff recommends that the minor variance request also apply to Zoning By-law 2019-051. While By-law 2019-051 is currently under appeal, 14 parking spaces would be required under that By-law, and the 8 spaces on the site would not be enough to meet the requirement. As such, staff recommends that the formal request be AMENDED to expand the variance request to also apply to Zoning By-law 2019-051. Staff is of the opinion that sufficient notice was given for the minor variance application and the inclusion of a variance to By-law 2019-51 has no impact on the overall nature of the application. As such, relief is requested from Section 6.1.2 a) of the Zoning By-law 85-1 and Section 5.6 of Zoning By-law 2019-051 to permit a 262 square metre building to be used as a Health Clinic and/or Health Office to have 8 parking spaces, rather than the required 17 spaces (By-law 85-1) or 14 spaces (By-law 2019- 051). City Planning staff conducted a site inspection of the property on October 7, 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 Mixed Use in the City's Official Plan. The intent of this designation is to achieve an appropriate mix of commercial, residential and institutional uses. The site is well served by transit and the proposed commercial use is in keeping with the designation. As such, the requested variance to reduce the amount of required parking is in keeping with the general intent of the Mixed Use designation. 2. General Intent and Purpose of Zoning By-law Test The purpose of the parking space requirement is to ensure that sufficient parking spaces are available for uses on a property. Staff is satisfied that the reduction in required parking spaces from 17 spaces (By-law 85-1) / 14 spaces (By-law 2019-051) to 8 spaces meets the general intent and purpose of the Zoning By-law as the site is well -served by transit within nearby neighbourhoods. Further, the applicant has indicated that there is an informal agreement between the subject property and the neighbouring plaza to allow for use of some of the plaza spaces in cases of overflow. Staff has no concerns with the number of available parking spaces (8) for this building and its uses. 3. "Minor" Test The variance can be considered minor as the reduced parking space requirement is warranted as the site is well -served by other transit. Further, the applicant has indicated that a maximum of 4-6 patients are likely to be in the office at any one time, which should allow the building to function with only 8 parking spaces. Staff is satisfied that the parking reduction is minor. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the requested parking reduction will facilitate a permitted use in an existing building, and staff is satisfied that there will continue to be sufficient parking spaces available for the building, as it is well served by transit. Based on the foregoing, Planning staff recommends that this application be approved with one condition AS AMENDED. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Based on staffing and patient model of the medical use, existing on -street parking available in the area, coupled with justification from the applicant noting that there are many patients that use public transit and are also dropped off and picked up from the site by someone, Transportation Services can support the proposed reduction in parking being proposed. Heritage Comments: No Heritage Planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-080 requesting relief from Section 6.1.2 a) of the Zoning By-law 85-1 and Section 5.6 of Zoning By-law 2019-051 to permit a 262 square metre building to be used as a Health Clinic and/or Health Office to have 8 parking spaces, rather than the required 17 spaces (By-law 85-1) or 14 spaces (By-law 2019-051), be APPROVED AS AMENDED, subject to the following condition: a. That the minor variance to Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2019-051 comes into force, pursuant to Section 34 (30) of the Planning Act, R.S.S. 1990, c. P 13, as amended, and the variances shall be deemed to have come into force as of the date of this decision, C a L, ZN-R Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — 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 Document Number: 3413295 Page 1 of 2 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department J KIR wwwki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 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: 9 DATE OF REPORT: October 9, 2020 REPORT #: DSD -20-167 SUBJECT: A2020-081 — 825 King Street West Applicant - T. Johns Consulting Group Ltd. (Katelyn Gillis) Owner — Indwell Community Homes Approve Subject to Conditions Aerial view of subject property REPORT Google Street View image of subject property Planning Comments: The subject property is located at 825 King Street West, at the intersection of King and Green Streets in the K -W Hospital Neighbourhood. The property is designated Mixed Use Corridor in the K -W Hospital Secondary Plan and is zoned Medium Intensity Mixed Use Corridor (MU -2) in Zoning By-law 85-1. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is proposing to redevelop the former St. Mark's Lutheran Church into a 43 -unit affordable rental housing project. The owner has submitted a site plan application for the development which is presently under review. As a condition of the variance, site plan approval will be required. The redevelopment of the former church will include a vertical building addition as well as interior renovations to create the rental units as well as common spaces within the building. Staff conducted a site visit on October 2, 2020. The owner has requested relief from the following Sections in Zoning By-law 85-1: 1. Section 54.2.1 - to allow a rear yard setback of 1.18 metres, rather than the required 7.5 metres*; 2. Section 6.1.1.1. a) iv) - to allow a landscape buffer having a width of 2.25 metres, rather than the required 3.0 metres*; 3. Section 6.1.1.1. a) v) - to allow parking spaces to have a setback of 2.25 metres from the property line, rather than the required 4.5 metres*. 4. Section 6.1.1.1. d) i) - to allow residential parking to be located between the fagade and front lot line, rather than behind the building fagade*; 5. Section 6.1.1.2. d) - to allow parking spaces to be 2.4 metres wide and 5.5 metres long, rather than the required 2.6 metres wide and 5.5 metres long*; 6. Section 6.1.2 a) - to allow a residential parking requirement of 0.29 spaces per unit, rather than the required 1 space per unit; and, 7. Section 6.1.2 b) vi) A) - to provide 0% visitor parking spaces, rather than the required 15% visitor parking. *Note - Variances 1 to 5 are required to recognize the existing site condition. General Intent and Purpose of Official Plan Test The City's Official Plan (OP) identifies the subject property as part of the K -W Hospital Neighbourhood Secondary Plan, and within the Secondary Plan, the property is designated as Mixed Use Corridor. The intent of the OP is to provide a range and mix of housing types, including affordable housing, and the intent of the Mixed Use Corridor designation is to allow intensive, transit supportive development. Policy 4.C.1.19 provides the City's support for affordable housing located in close proximity to public transit, commercial uses and other compatible non-residential land uses. The subject property is located on the ION transit route, very close to a station stop and is within a 5 minute transit ride or approximately 15 minute walk to downtown Kitchener where there are many shopping and recreational activities readily available. The subject property is also located within a convenient walking distance to a number of community facilities and services, including medical, educational and recreational. As such, the property and its location can support the proposed intensification without having any significant impact to the neighbourhood. Additionally, the redevelopment proposes a vertical building addition that will complement the existing culturally significant building and will be compatible with the surrounding area. The proposed addition will maintain a similar form, massing and use of exterior materials as the existing building and will not change the building's ground floor setback to the property lines. Based on the foregoing, Planning staff is of the opinion that all of the requested variances meet the general intent and purpose of the Official Plan, K -W Hospital Neighbourhood Secondary Plan and Mixed Use Corridor designation. General Intent and Purpose of Zoning By-law Test The subject property is zoned MU -2 in Zoning By-law 85-1. The general intent and purpose of the zoning category is to ensure developments are of an appropriate size with adequate setbacks and parking to support the use. As noted earlier in the report, the following five variances are to recognize existing site conditions and are required due to the change of use from religious institution to multiple dwelling. 1. Section 54.2.1 -to allow a rear yard setback of 1.18 metres, rather than the required 7.5 metres: • The reduced rear yard setback allows the existing culturally significant building to be redeveloped while maintaining its heritage significance. 2. Section 6.1.1.1. a) iv) - to allow a landscape buffer having a width of 2.25 metres, rather than the required 3.0 metres: • The reduced landscape buffer is an existing condition created by the construction of the ION transit system and a road widening being taken across the frontage of the property. 3. Section 6.1.1.1. a) v) - to allow parking spaces to have a setback of 2.25 metres from the property line, rather than the required 4.5 metres: • The reduced parking setback is an existing condition that was created through construction of the ION transit system and the road widening taken across the frontage of the property. 4. Section 6.1.1.1. d) i) - to allow residential parking to be located between the facade and front lot line, rather than behind the building fagade: • The existing parking lot on the King Street frontage is existing and will remain for the multiple dwelling. 5. Section 6.1.1.2. d) - to allow parking spaces to be 2.4 metres wide and 5.5 metres long, rather than the required 2.6 metres wide and 5.5 metres long: • Each of the existing parking spaces is slightly undersized at 2.4m wide rather than 2.6m wide and have been used in that condition for countless years without incident. Each of the above noted variances meet the general intent of the City's Zoning By-law, are minor and are appropriate for the conversion of the property to an affordable housing multiple dwelling. General Intent and Purpose of Zoning By-law Test 6. Section 6.1.2 a) - to allow a residential parking requirement of 0.29 spaces per unit, rather than the required 1 space per unit; and, 7. Section 6.1.2 b) vi) A) - to provide 0% visitor parking spaces, rather than the required 15% visitor parking. The City's zoning by-law requires parking and visitor parking on multiple dwelling sites to provide adequate facilities on site for tenants and visitors without impacting surrounding properties or streets. The applicant has advised that the majority of tenants for the proposed affordable housing development are typically individuals with low income and/or disabilities who rely on active transportation, personal mobility devices and transit. As such, their access to vehicle ownership is limited. To provide the required 43 parking spaces on site (including 7 required visitor spaces) would be an inefficient use of urban lands being that the property is in such close proximity to major public transportation services. The applicant has advised that the average functional parking ratio between Indwell's existing multiple dwelling properties in Hamilton, London and Woodstock is 0.09 vehicles per unit. Based on the foregoing, staff is of the opinion that variances 6 and 7 meet the general intent of the City's Zoning By-law. "Minor" Test Variances 6 and 7, to reduce the number of both tenant and visitor parking spaces are considered minor as the existing parking provided on site will adequately support the needs of the purpose-built affordable rental use. The Parking Study and Transportation Demand Management Report have estimated the average maximum parking demand for the site to be 0.17 spaces per unit (7 spaces). With 12 spaces provided on site, the property being located on the ION and GRT transit systems, in close proximity to a wide range of land uses, an extensive pedestrian network, and paid parking in surface lots, staff considers the variances to be minor. Desirability for Appropriate Development of the Land Test Variances 6 and 7, are desirable for the affordable housing development on the property as they eliminate the need to create more asphalt surface parking. This will allow greater opportunity to provide outdoor amenity area and landscaping to better support the needs of the residents, while making use of an existing parking lot. Through the parking study, it has been determined that the twelve existing parking spaces will be sufficient to support the needs of the proposed use. For the abovementioned reasons, Planning staff is of the opinion that variances 6 and 7 are both appropriate and justified and will be subject to the conditions outlined in the Recommendation Section below. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: After reviewing the Parking Study and Transportation Demand Management Plan (August 2020) submitted by Paradigm Transportation Solutions, Transportation Services offer the following comments. Paradigms report speaks to alternative modes of transportation to reduce vehicle trips such as; pedestrian walkability, easily accessible existing transit routes and long-term (Class A) bicycle parking spaces. Couple this with vehicle parking being charged as an extra cost to tenants and parking analysis from proxy sites, based on the proposed use, Transportation Services can support the proposed variance to reduce on-site parking based on Paradigms analysis. Also, Transportation Services can support the zero visitors parking being proposed based, on the availability of short-term parking in the area and have no concerns with the existing parking space width of 2.4 metres. Engineering Comments: Engineering recommends the applicant hires a consultant to determine the adequacy of existing services for proposed use. If it is determined upgrades are required, off-site works will be required as mentioned below. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate sanitary and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (519-741-2200 ext. 7330). If existing services are deemed adequate, Engineering has no further comments or concerns Heritage Comments: The property is identified on the Heritage Kitchener Inventory of Historic Buildings as a property of interest. A Heritage Impact Assessment has been submitted as part of a Site Plan application and was considered by the Heritage Kitchener committee on October 6, 2020. Given that the existing building is proposed to be retained in situ and that the variances applied for do not negatively impact the heritage value of the property municipally addressed as 825 King Street West, Heritage Planning staff does not have concern with the proposed variances. RECOMMENDATION That Minor Variance Application A2020-081 requesting relief from: 1. Section 54.2.1 - to allow a rear yard setback of 1.18 metres, rather than the required 7.5 metres; 2. Section 6.1.1.1. a) iv) - to allow a landscape buffer having a width of 2.25 metres, rather than the required 3.0 metres; 3. Section 6.1.1.1. a) v) - to allow parking spaces to have a setback of 2.25 metres from the property line, rather than the required 4.5 metres; 4. Section 6.1.1.1. d) i) - to allow residential parking to be located between the fagade and front lot line, rather than behind the building fagade; 5. Section 6.1.1.2. d) - to allow parking spaces to be 2.4 metres wide and 5.5 metres long, rather than the required 2.6 metres wide and 5.5 metres long; 6. Section 6.1.2 a) - to allow a residential parking requirement of 0.29 spaces per unit, rather than the required 1 space per unit; and, 7. Section 6.1.2 b) vi) A) - to provide 0% visitor parking spaces, rather than the required 15% visitor parking all be approved, subject to the following conditions: 1. That the owner shall obtain approval of site plan application SP20/44/K/LT to the satisfaction of the City's Manager of Site Development and Customer Service. 2. That the owner shall obtain final approval of the Heritage Impact Assessment from the City's Director of Planning. L&,a Th&mpw-w Lisa Thompson, CPT Planning Technician Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — 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 Document Number: 3413295 Page 1 of 2 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Holly Dyson From: Dianna Saunderson Sent: 14 October, 2020 11:26 AM To: Holly Dyson Subject: FW: [EXTERNAL] Re: Note of Support - Indwell Project on King - A 2020-081 Here is his mailing address details. Thanks, Dianna Saunderson, AMP Committee Administrator I Corporate Services City of Kitchener 519-741-2200 ext. 7277 1 TTY 1-866-969-9994 Dianna.Saunderson@kitchener.ca From: Sent: Wednesday, October 14, 2020 11:23 AM To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: [EXTERNAL] Re: Note of Support - Indwell Project on King - A 2020-081 Hi Dianna, My contact details are as follows: Let me know if you need anything else. Sean On Wed, Oct 14, 2020 at 11:20 AM Dianna Saunderson <Dianna.Saunderson@kitchener.ca> wrote: Good Morning-, Thank you for your email. To be able to circulate your letter of support to the Committee members I will require your full contact information as you would be listed as an interested party and also be entitled to a decision following the committee meeting. Please note as this is a public planning meeting I would not be able to protect that information if requested. Regards, 1 Dianna Saunderson, AMP Committee Administrator I Corporate Services City of Kitchener 519-741-2200 ext. 7277 1 TTY 1-866-969-9994 Dianna.Saunderson@kitchener.ca From: Sent: Wednesday, October 14, 2020 11:14 AM To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: [EXTERNAL] Note of Support - Indwell Project on King - A 2020-081 Hello, I'm writing in support of application A 2020-081 by Indwell for their St. Mark's Lutheran Church development. I live around the corner from this project, on Gruhn Street, and am thrilled at the prospect of having Indwell as a neighbour. Indwell provides exceptional housing for their residents and are good community members. I hope this letter of support bears weight in your consideration, as my understanding of their requested variances is that they are minor, particularly in comparison to the benefits of speeding along a project such as this. Thank you, 2 Holly Dyson From: Dianna Saunderson Sent: 15 October, 2020 11:24 AM To: Holly Dyson Subject: FW: [EXTERNAL] Project A2020-081/Indwell From: Sent: Thursday, October 15, 2020 10:41 AM To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Cc: Subject: [EXTERNAL] Project A2020-081/Indwell Good morning Ms. Saunderson, I am writing in regards to Indwell's proposal (A2020-081) that is going to Committee of Adjustment this month. I am in strong support of this project and believe the requests for the variances in the report are all reasonable. I urge the committee to approve the project so Indwell can help provide badly needed affordable housing to our community as soon as possible. Thank you. Community Builder Building Community Together Holly Dyson From: Dianna Saunderson Sent: 15 October, 2020 11:24 AM To: Holly Dyson Subject: FW: [EXTERNAL] A 2020-081 Indwell From: Sent: Thursday, October 15, 2020 10:47 AM To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: [EXTERNAL] A 2020-081 Indwell Dianna You are aware of Indwell and the excellent work they do in providing low cost housing and services. You also are aware that they are making a presentation to the Committee of Adjustment for some minor variances on the site. This email is in total support of the Indwell vision, and the variances they are requesting. For far too long, we have let "red tape" and bureaucracy hamper, and delay, and prevent action on the need to address poverty and homelessness in our community. I ask the committee to whole heartedly support the vision of Indwell, mine, and our community. Staff Report Development Services Department 1 :.x www1l tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 10 DATE OF REPORT: October 9, 2020 REPORT #: DSD -20-168 SUBJECT: A2020-082 — 293 Blucher Boulevard Applicant — Mindstone Group Inc. Approved with Conditions Location Map: 293 Blucher Boulevard REPORT Planning Comments: The subject property located at 293 Blucher Boulevard is zoned Residential Five (R-5), and designated Low Rise Residential in the City's Official Plan. The applicant is requesting relief from Section 39.2.1 of *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. the Zoning By-law to permit a multiple dwelling with 3 units to have a lot width of 12.17 metres whereas 15 metres is required, and a lot area of 371 m2 rather than the required 495m2 for a multiple dwelling. City Planning staff conducted a site inspection of the property on October 6, 2020. 293 Blucher Boulevard In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the City's Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The proposed variances will permit the creation of a multiple dwelling with three units which comply with the policies of this designation. The lot is currently vacant and the development will provide a form of infill development that is encouraged within the Low Rise Residential designation. Staff is in support of the application, as it is compatible with the established neighbourhood. Based on the foregoing, staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of Zoning By-law 2. The requested minor variances for reduced lot width and lot area meets the general intent of the Zoning By-law. The applicant is proposing to construct a multiple dwelling with 3 units, on an existing vacant lot. In the R-5 zoning the lot width and area minimums are required in order to ensure that there is adequate space for the units, amenity space and parking. Staff is satisfied that there will be adequate space due to a large grade change from the front to the back of the property. The parking spaces will be accessed via the laneway at the rear of the property, and underneath the rear of the building. This allows for more space to be used for the residential portion of the building and amenity space and thus there is no need for driveway space at the front or the side of the property. Staff is of the opinion that the creation of a multiple dwelling with three units will not adversely affect the functionality of the surrounding neighbourhood and therefore meets the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The multiple dwelling will fill a vacant lot within the neighbourhood and will provide a new housing form at a scale and density that is appropriate for the context of the existing neighbourhood. 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. 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 change of use to a triplex is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: In light of 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 Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2020-082 requesting relief from Section 39.2.1 to permit a multiple dwelling with three units with a lot width of 12.17 metres rather than the required 15 metres; and a lot area of 371m2 rather than the required 495m2; be approved subject to the following conditions: 1. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 3. That all conditions shall be completed prior to December 31St, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — 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 Document Number: 3413295 Page 1 of 2 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 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: October 9, 2020 REPORT #: DSD -20-169 SUBJECT: A2020-083 — 44 Breithaupt Street Applicant/Owner — David Elliot Approve with one condition AS AMENDED Location Map: 44 Breithaupt Street REPORT Planning Comments: The subject property located at 44 Breithaupt Street is zoned Industrial Residential (M-1) in Zoning By- law 85-1 and designated General Industrial Employment in the City's Official Plan. The applicant is proposing to construct a set of stairs that is 1.52 metres above grade in the front yard, which will facilitate access to a front porch. Background and requested variances are outlined below. *** 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 October 7, 2020. The stairs shown in the photo are to be removed and replaced. In August 2019, a previous variance for the subject property was approved by Committee (A2019-098). The variance requested to locate a first/second storey porch 1.35 metres from the front property line and within a portion of the Driveway Visibility Triangle (DVT). This request was approved by Committee and the porch has since been constructed, as shown in the site visit photo above. In the time since, a set of stairs on the lower porch was constructed. The City's Building Division have flagged that these stairs do not comply with the Building Code or the Zoning By-law. To address these concerns, the Owner is proposing to remove the existing stairs and construct new stairs which will comply with the Building Code. To address the non-compliance with the Zoning By-law, variances are required. As such, the applicant is requesting relief from Section 19.3 of the Zoning By-law to allow for stairs above 0.6 metres in height to have a front yard setback of 0.03 metres, whereas 6 metres is required, and relief from Section 5.3 of the Zoning By-law to locate stairs above 0.9 metres in height within a Driveway Visibility Triangle, whereas only object 0.9 metres or less in height are permitted within a visibility triangle. The stairs are 1.52 metres above grade. Sketch of proposed *new* stairs at Subject Property Note — Typographical Error It has come to staff's attention that notice was provided for the minor variance request to locate a set of stairs 0.3 metres from the front property line. This is incorrect, as the requested variance is locate a set of stairs 0.03 metres from the front property line. As such, staff recommends that the formal request be AMENDED to correct this typographical error. Staff is of the opinion that sufficient notice was given for the minor variance application and the typographical error does not change the overall nature of the application. 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 General Industrial Employment in the Official Plan. The intent of this designation is to provide for a broad range of industrial uses. The subject property currently contains an existing residential use and the policies of the General Industrial Employment designation contain language to recognize existing residential uses. As such, the variances to reduce the front yard for a set of stairs and locate the stairs in a visibility triangle is appropriate and will continue to maintain the residential character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variances meet the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The requested variance to permit a front yard setback of 0.03 metres, whereas 6 metres is required, meets the general intent of the Zoning By-law. The purpose of a front yard setback of 6 metres is to provide a consistent streetscape for dwellings, and a separation from the public right-of-way for any industrial and residential uses. The consistent streetscape will be maintained, as adjacent residential properties have similar front yard setbacks. As such, staff is satisfied that the general intent of the Zoning By-law is met. The requested variance to allow a set of stairs that is 1.52 metres in height to be located in a visibility triangle, whereas the By-law does not allow objects above 0.9 metres in height to be within a visibility triangle, meets the general intent of the Zoning By-law. The intent of not permitting objects above 0.9 metres in height within a visibility triangle is to maintain sufficient visibility of the street and sidewalk for vehicles entering and existing the driveway of the subject property. The area below the set of stairs within the visibility triangle will be `open', except for small support column(s). Therefore, there will continue to be a similar amount of visibility as is currently existing, thus maintaining the general intent of the By-law. Staff notes that transportation staff is supportive of the proposed encroachment into a driveway visibility triangle. 3. "Minor" Test The variances can be considered minor as the reduced front yard setback for a set of stairs and stairs within a visibility triangle will not present any significant impacts to adjacent properties or the overall neighbourhood. The stairs are a practical use of the front yard and will complement the existing front porch on the subject property. The height of the stairs is in line with the height of the front porch and staff has no concerns with permitting the stairs to be closer to the front property line than the By-law would otherwise allow. Staff is satisfied that the requested variances are minor. 4. Desirability for Appropriate Development or Use Test The requested variances for a reduced front yard setback for a set of stairs and locating the stairs within a visibility triangle is appropriate for the development and use of the land. The front porch is existing, and the new set of stairs will facilitate access to the front porch. Staff is satisfied the proposal is appropriate for the use and development of the land. Based on the foregoing, Planning staff recommends that this application be approved with one condition AS AMENDED. Building Comments: The Building Division has no objections to the proposed variance provided building permit to front porch and stairs is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services can support the encroachment into the driveway visibility triangle (DVT), provided that the area underneath the deck remains open and unobstructed. Heritage Comments: There are no cultural heritage planning concerns or issues with this application. However, the applicant is advised that the property municipally addressed as 44 Breithaupt Street is located within the Warehouse District Cultural Heritage Landscape (CHL). 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 and was the first step of a phased CHL conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-083 requesting relief from Section 19.3 of the Zoning By-law to allow for stairs above 0.6 metres in height to have a front yard setback of 0.03 metres, whereas 6 metres is required, and relief from Section 5.3 of the Zoning By- law to locate stairs above 0.9 metres in height within a Driveway Visibility Triangle, whereas only object 0.9 metres or less in height are permitted within a visibility triangle, be approved AS AMENDED, subject to the following condition: That the area beneath the staircase/deck remain unobstructed, save and except for any structural support posts. -Wb-�,-Rj Richard Kelly-Ruetz, BES Planner hnGrw. k1 Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — 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 Document Number: 3413295 Page 1 of 2 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River 1 Staff Repoil K�-WFLEN� Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Planner — 519-741-2200 ext. 7843 WARD: 1 DATE OF REPORT: October 13, 2020 REPORT #: DSD -20-170 SUBJECT: A2020-084 — 517 Old Cottage Close Applicant — Josh Marques Recommendation: Approve with one condition Location Map: 517 Old Cottage Close *** 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 517 Old Cottage Close is zoned Residential Three Zone (R-3) in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on October 8, 2020. The applicant is requesting relief from the Zoning By-law to allow an uncovered, unenclosed deck in the rear yard to be located 3.5 metres from the rear lot line rather than the 4.0 metres required. View of Rear Yard (October 8, 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 requested variance meets the general intent of the Official Plan. The Low Rise Residential designation in the Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for reduction in setback for a deck does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a 4.0 metres rear yard setback for a deck is to ensure that there is adequate amenity space on site and adequate separation of decks from adjacent properties for privacy reasons. The subject property backs onto a natural area (Falconridge Natural Area) that is designated Natural Heritage Conservation in the Official Plan. As this land will not be developed with homes, Planning Staff is not concerned with issues of privacy and adequate separation. The subject property is a pie -shaped lot with a large rear yard, and adequate amenity space exists on the south side of the rear yard. As there are no concerns with amenity space, privacy, or separation, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The variance request is for the rear yard and does not abut any residential properties. Therefore, Staff is of the opinion that this variance will not cause any adverse impacts and is considered to be appropriate. Is the Variance Minor? 4. The requested variance represents a small reduction in setback and is not expected to cause any issues on site or for any neighbouring lands. Therefore, Staff considers the requested variance to be minor. Building Comments: The Building Division has no objections to the proposed variance. Permit has been issued. Revised permit drawings required. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-084 requesting permission to construct an uncovered, deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.5 metres rather than the required 4 metres be approved, subject to the following condition: 1. That the Owner submits revised building permit drawings for permit #2020 117166 to the satisfaction of the Chief Building Official. Eric Schneider, MCIP, RPP Planner c4k Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — 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 Document Number: 3413295 Page 1 of 2 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil w,� �fR Development Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 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: 1 DATE OF REPORT: October 9, 2020 REPORT #: DSD -20-171 SUBJECT: APPLICATION: B2020-039 & B2020-040 518 Bridgeport Rd E Owner: Elev8 Properties Inc. Applicant: Scott J. Patterson (Patterson Planning Consultants) Approve with conditions Location Map — 518 Bridgeport Rd E REPORT The subject property located at 518 Bridgeport Road East is designated Low Rise Residential in the Official Plan and zoned Residential Two (R-2) in Zoning By-law 85-1. The property currently contains a single detached dwelling. The subject property is located on the north side of a wide 4 -lane regional road (Bridgeport Rd E). In this area of Bridgeport Road, the north side is characterized generally by large lots including the subject property. To the south and in the surrounding area are some larger institutional properties, and smaller sized residential properties containing single detached dwellings. The nearby intersection of Bridgeport Road East and Lancaster Street West contains a small range of commercial uses. The Applicant intends to retain the existing building and is requesting consent to sever the subject property into three total lots for future single detached dwellings. Severed Lot 1 would have a frontage of 24 metres, depth of 55.28 metres, and area of 1,238.8 square metres. Severed Lot 2 would have a frontage of 24 metres, depth of 44.5 metres, and area of 1,049.4 square metres. The retained lot would have a frontage of 54.3 metres, a depth of 55.28 metres, and an area of 3,518.7 square metres. The subject property is listed on the City's Municipal Heritage Register as a non -designated property of cultural heritage value or interest. As such, the submission an approval of a Heritage Impact Assessment (HIA) was a requirement of the proposed consent application (see Heritage Comments, below). The driveway providing access to the existing single detached dwelling on the retained lands was identified as a heritage attribute in the approved HIA and it was recommended that the driveway access be maintained as -is. To facilitate this, the creation of a 51.6 m2 access easement over Severed Lot 2 in favour of the retained lands is requested as part of this application. The easement would allow future property owners of the retained lands to continue to access their property from the existing driveway which passes over Severed Lot 2. ti F Severed Lot 1 PART r 1tFT�hN'F,...D CANM `. Fr (� � 3a�awi :h ,WRT ;_ [PLn.Ii b 1�� A •��t Y Ian 1 Retained Lot Severed Lot 2 U-1 ,, Severance Sketch — Easement shown on Severed Lot 2 2 Severed Lot 1 Dwelling on retained lot (to be kept) Planning staff conducted a site inspection on October 7, 2020 Severed Lot 2 Planning Comments: With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990. c.P. 13, both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law 85-1, the dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and can be serviced with independent and adequate service connections to municipal services. The resultant lots will be compatible in size with the lots in the surrounding area. The owner will be required to extend the existing sanitary sewer up Bridgeport Road East as a condition of approval. All other municipal services are in place. As part of the HIA submitted in support of the consent application, there were a number of recommendations outlined to apply to the proposed consent. See heritage comments below. Based on the foregoing, Planning staff recommends that Consent Application B2020-039 and B2020-040 requesting consent to sever the subject property into three lots including an access easement on Severed Lot 2 be approved, subject to the conditions listed in the Recommendation section of this report. Engineering Comments: B2020-039 to 040 — 518 Bridgeport Road East • 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 ones that may be required to service this property, all prior to severance approval. Our records indicate storm and water municipal services are 3 currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (519-741-2200 ext. 7330). • Extension of the sanitary sewer is required to service these lots. This will require MECP approval and will go through the Off -Site Works Process. • In accordance with Section 53 of the Ontario Water Resources Act, an Environmental Compliance Approval (ECA) for sewage works will be required by the Ministry of Environment, Conservation and Parks for the extension of the municipal sewer to the satisfaction of the Director of Engineering Services. • Any new driveways are to be built to Region of Waterloo standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Environmental Planning Comments: The standard condition on both the severed and retained lands to enter into an agreement to complete tree preservation / enhancement plan is required. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the construction of all new residential buildings Heritage Comments: The property municipally addressed as 518 Bridgeport Road is listed as a non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register. The submission and approval of a Heritage Impact Assessment (HIA) was made a requirement of the processing of the Committee of Adjustment application in order to ensure that the proposed new lot had regard for and was consistent with Provincial, Regional, and Municipal policies relating to the conservation of cultural heritage resources. A draft HIA prepared by Amy Barnes Consulting was submitted and scheduled for comment by the City's Heritage Kitchener committee on Tuesday September 1, 2020. Some members spoke in support of the HIA. A few members expressed concern with respect to the disruption of the unobscured vista looking from the existing dwelling to the yard and the evaluation the existing property. Heritage Planning staff has considered these comments. A final HIA prepared by Amy Barnes Consulting as submitted in relation to Committee of Adjustment applications B2020-039 to 040. The HIA concluded that the existing dwelling and landscape is a heritage attribute of the property. The HIA also concluded that the development option being pursued seeks to conserve all the built features, in situ, retains the majority of the existing lot, all identified significant or unique trees, preserves most of the landscape elements, 0 and provides an opportunity to restore landscape elements which have been lost over time due to neglect or have become overgrown. The HIA recommended mitigative measures to address negative impacts from the proposed development, including: the creation of a new east edge on the retained lot which is sympathetic to the existing landscape and re-establishing the linear focal point and vista from the terrace along the new property line. The HIA also recommended that the existing dwelling and landscape be designated under Part IV of the Ontario Heritage Act. As a result, the dwelling and landscape will be conserved on the retained lands. The final HIA was approved by the General Manager of Development Services on October 5, 2020. The appropriate tools to conserve the existing dwelling and landscape elements including designating the retained lands under Part IV of the Ontario Heritage Act and implementing the mitigative measures and recommendations of the HIA through conditions. A number of consent conditions have been prepared to ensure the conservation of the existing dwelling and landscape elements. In general, the consent conditions address the following: • Ensuring the long-term conservation of the retained lands through designation under Part IV of the Ontario Heritage Act and preparation of a Conservation Plan; • Documenting the property and interior of the dwelling through photographs; • Incorporating sympathetic plantings along the east edge of the retained lot; • The owner submits and receives approval for building elevation drawings and building location drawings for the new dwelling; and • The owner submits and receives approval of a landscape plan. Based on the above comments, Heritage Planning staff has no concerns with the proposed consent subject to the implementation of the mitigative measures and recommendations of the approved HIA. As a result, Heritage Planning staff recommends the following conditions: The Owner shall prepare a Tree Preservation/Enhancement Plan for the Severed and Retained lands in accordance with the City's Tree Management Policy to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. 2. The Owner shall prepare a Landscape Plan for the Retained lands which is to be approved by the Director of Planning. Such plan shall include sympathetic plantings to re-establish the east edge of the Retained lands and re-establish the vista and linear focal point from the terrace along the new property line, as identified in the approved Heritage Impact Assessment prepared by Amy Barnes Consulting, and dated June 2020. 3. The Owner shall prepare and submit for review a Conservation Plan for the Retained lands which is to be approved by the Director of Planning. 4. The Owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the Retained and Severed lands. Said agreement shall include the following special conditions: A Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: a) The Owner shall implement all approved measures for the protection of trees as approved in the Tree Management Plan (where applicable) and to provide written certification from the Owner's Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with prior approval from the City's Director of Planning. Further, the Owner shall implement all measures of the approved Landscape Plan. Prior to Application for and Issuance of any Building Permits: b) The owner shall photo -document the Retained and Severed lands, including the interior of the existing dwelling on the Retained lands. c) The Owner agrees through the Issuance of a Notice of Intent to Designate that the Retained lands will be designated under Part IV of the Ontario Heritage Act, in accordance with the heritage attributes listed in the approved Heritage Impact Assessment, prepared by Amy Barnes Consulting, dated June 2020. d) The Owner shall submit building elevation, building location, and lot grading drawings for the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by Amy Barnes Consulting, dated June 2020, for approval by the City's Director of Planning. Further, the Owner shall design and construct the dwellings on the Severed lands in accordance with the approved plans, to the satisfaction of the City's Chief Building Official. further agrees that the dwellings shall be designed and constructed in accordance Transportation Comments: The access agreement being proposed be registered on title. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 2 new development lots will be created. The cash -in -lieu dedication required is $22,080.00, or $11,040.00 per severed lot. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 48.Om (combined) at a land value of $9,200 per frontage meter. Region of Waterloo Comments Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Road Widening: Regional Staff acknowledge that the designated road width of Bridgeport Road (RR #09) at this location is 30.48m whereas the existing right-of-way is 26.Om approximately. The existing road centre does not represent the true historic road centreline. Therefore, a dedicated road widening M up to 15.24m from the road centreline (3.6 m approximately) will be required to be conveyed to the Region at the owner's cost to comply with the ROP designated width of 30.48m for Bridgeport Road (RR #09). An Ontario Land Surveyor (OLS) must determine the exact amount of dedicated road widening based on the historic centreline of Bridgeport Road East (RR # 09). Regional Staff expects that additional lands along this property frontage might be acquired for Bridgeport Road reconstruction and major rehabilitation project currently scheduled for the year 2024. However, the preliminary design is not available at this time. It is expected that approximate 5.Om from current property line, might be the land acquisition needs for the road reconstruction project; although nothing is sure at this time as preliminary design is not available at this stage. These future lands must also be shown on the Severance plan to ensure no building or private infrastructure would encroach into the future road right-of-way. The buildings on the lots to be severed must be setback accordingly. A draft reference plan must be provided for review by the Regional staff prior to depositing the reference plan with the Land Registry office. Transportation Capital Project: Regional Staff notes that Bridgeport Road in this location is scheduled for reconstruction during the year 2024 (design to start in the year 2020). Preliminary design is not available at this stage, however, it is expected that additional lands up to 5.Om from the existing property line might is acquired for this road project. For more information on the reconstruction of Bridgeport road, please contact William Gilbert @ 519-575-4603 Email: WGilbertnreaionofwaterloo.ca Access Permits: Regional Staff acknowledges that the application specifies the existing residential building and the proposed severed lot to the east will be accessed by the existing access with an access easement. Regional Staff will require the owner/applicant to complete a Mutual Access Agreement that will be registered on title for both properties. The owner/applicant may choose to have separate entrances for each of the severed and retained lots, provided the grades permit to do so (there are no visibility concerns for the property frontage). The existing access does not comply with the Regional standards (is too acute with the road centreline) and must be modified as mentioned in the foregoing. Both the existing and the proposed westerly access for the severed lot must be aligned at an angles of preferably at 900 (at the most within 700 to 1100) with the road centreline at the future property line and should have a straight centre line. The angle of access with the future property line must be shown on the plans. In addition, the difference in slope along access centreline must not exceed 10% in any 3m section. The access must have throat width of 3.7m — 6.Om ((at future property line) and minimum 1.5m (3.Om preferred) radii / flare out, at the edge of pavement. The access easement to the existing house and the easterly severed lot should be completely located internally and must take into consideration the lands to be dedicated to the Region; and the alignment of the entrances as per Regional standards, as mentioned above. Regional Staff acknowledges that there has been on-going discussions with City of Kitchener Staff as the property is on the Municipal Heritage Register as a non -designated property of cultural heritage value or interest. The Heritage Impact Assessment recommended that the existing 7 entrance be maintained in support of the existing dwelling and that access for the proposed eastern lot be provided by a shared access. Regional Staff is satisfied with these considerations and the shared access with the eastern lot. However, the owner/applicant must contact Regional Staff to ensure all proposed accesses (i.e. the western access) meet the access design configuration with the Region. For each access, an access permit application along with $100 each application fee would be required for access modification for the existing entrance (shared access); and for the proposed severed lot(s) and the retained lot, as the case may be. All costs associated with a private access are Owner' s responsibility. The Regional Access Permit Application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Application-and-Payment- for-an-Access-Permit Grading Plan: Regional Staff will require an engineered detailed lot grading plan, to the satisfaction of the Region, that shows spot grades on the lands abutting the Regional road right-of-way and along the centreline of the accesses. Environmental Noise: Regional Staff notes that the subject property would have impacts from road traffic on Bridgeport Road (RR #09) as well as from Conestoga Parkway (Highway 85). As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands. Severed Lots: a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP)". ii. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". Retained Lot a) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROM and the Ministry of the Environment Conservation and Parks (MECP)". In addition, prior to the issuance of a building permit for the severed lots (Lot 1 and Lot 2), a Professional Engineer qualified to provide acoustical services in the province of Ontario should certify that the noise control measures for the development have been designed as per the NPC - 300 guidelines. Municipal Consent: Regional Staff notes that a Servicing plan has not ben received with the above application. Any changes to the existing servicing / any new servicing connections would be require a separate approval through Municipal Consent. A Municipal Consent will be required for the installation of any proposed/required servicing connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance for further guidance. Water Services: Regional Staff advises the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Please be advised that Bridgeport Road East is currently subject to major construction and rehabilitation with anticipated construction scheduled to begin in 2024. The transportation capital project number (TCP) is 7352. This project will be assigned to a project manager in the near future, however any questions or concerns at this time can be directed to Frank Kosa who can be reached at FKosaa-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. 2) That prior to final approval, the owner/applicant submit a draft reference plan identifying the road widening dedication and mutual access for review and approval by the Region. 3) That prior to final approval, the owner/applicant complete the road widening dedication to the satisfaction of the Region. A 4) That prior to final approval the owner/applicant submit a signed mutual access agreement to the satisfaction of the Region. 5) That prior to final approval the owner/applicant complete the required Access Permits to the satisfaction of the Region. 6) That prior to final approval, the owner/applicant submit a lot grading plan for review and approval by the Region. 7) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed lands: a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) Prior to issuance of a building permit for the severed lands, a Professional Engineer qualified to provide acoustical services in the Province of Ontario should certify that the noise control measures for the development have been designed as per the NPC -300 guidelines. c) The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". 8) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the retained lands: a) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". 10 RECOMMENDATION: A. That Application B2020-039 requesting consent to sever a parcel of land having a width of 24 metres metres and an area of 1,238.8 mz be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the Owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. The Owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the Retained and Severed lands. Said agreement shall include the following special conditions: Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: a) The Owner shall implement all approved measures for the protection of trees as approved in the Tree Management Plan (where applicable) and to provide written certification from the Owner's Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with prior approval from the City's Director of Planning. Further, the Owner shall implement all measures of the approved Landscape Plan. Prior to Application for and Issuance of any Building Permits: b) The Owner shall photo -document the Retained and Severed lands, including the interior of the existing dwelling on the Retained lands. c) The Owner agrees through the Issuance of a Notice of Intent to Designate that the Retained lands will be designated under Part IV of the Ontario Heritage Act, in accordance with the heritage attributes listed in the approved Heritage Impact Assessment, prepared by Amy Barnes Consulting, dated June 2020. d) The Owner shall submit building elevation, building location, and lot grading drawings for the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by Amy Barnes Consulting, dated June 2020, for approval by the City's Director of Planning. Further, the Owner shall design and construct the dwellings on the Severed lands in accordance with the approved plans, to the satisfaction of the City's Chief Building Official. further agrees that the dwellings shall be designed and constructed in accordance. 11 4. That the Owner shall prepare a Landscape Plan for the Retained lands which is to be approved by the Director of Planning. Such plan shall include sympathetic plantings to re- establish the east edge of the Retained lands and re-establish the vista and linear focal point from the terrace along the new property line, as identified in the approved Heritage Impact Assessment prepared by Amy Barnes Consulting, and dated June 2020. 5. The Owner shall prepare and submit for review a Conservation Plan for the Retained lands which is to be approved by the Director of Planning. 6. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the Owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The Owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 7. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $$11,040.00, which is required on the severed parcel. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 24.Om at a land value of $9,200 per frontage meter. 8. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 9. That the Owner, in accordance with Section 53 of the Ontario Water Resources Act, obtain an environmental certificate of approval for sewage works from the Ministry of the Environment, Conservation and Parks for the extension of the municipal sewer, to the satisfaction of the City's Engineering Services. 10. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 11. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp (if provided), on the severed lands. 12. 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. 13. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have 12 to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 14. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 15. That prior to final approval, the owner/applicant submit a draft reference plan identifying the road widening dedication and mutual access for review and approval by the Region. 16. That prior to final approval, the owner/applicant complete the road widening dedication to the satisfaction of the Region. 17. That prior to final approval the owner/applicant submit a signed mutual access agreement to the satisfaction of the Region. 18. That prior to final approval the owner/applicant complete the required Access Permits to the satisfaction of the Region. 19. That prior to final approval, the owner/applicant submit a lot grading plan for review and approval by the Region. 20. The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed lands: a. The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b. Prior to issuance of a building permit for the severed lands, a Professional Engineer qualified to provide acoustical services in the Province of Ontario should certify that the noise control measures for the development have been designed as per the NPC -300 guidelines. c. The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW and the Ministry of the Environment Conservation and Parks (MECP) ". 13 21. The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the retained lands: a. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". B. That Application B2020-040 requesting consent to sever a parcel of land having a width of 24 metres metres and an area of 1,049.4 m2° as well the creation of a 51.6 m2 access easement in favour of the retained lands, be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the Owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. The Owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the Retained and Severed lands. Said agreement shall include the following special conditions: 14 Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: a) The Owner shall implement all approved measures for the protection of trees as approved in the Tree Management Plan (where applicable) and to provide written certification from the Owner's Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with prior approval from the City's Director of Planning. Further, the Owner shall implement all measures of the approved Landscape Plan. Prior to Application for and Issuance of any Building Permits: b) The owner shall photo -document the Retained and Severed lands, including the interior of the existing dwelling on the Retained lands. c) The Owner agrees through the Issuance of a Notice of Intent to Designate that the Retained lands will be designated under Part IV of the Ontario Heritage Act, in accordance with the heritage attributes listed in the approved Heritage Impact Assessment, prepared by Amy Barnes Consulting, dated June 2020. d) The Owner shall submit building elevation, building location, and lot grading drawings for the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by Amy Barnes Consulting, dated June 2020, for approval by the City's Director of Planning. Further, the Owner shall design and construct the dwellings on the Severed lands in accordance with the approved plans, to the satisfaction of the City's Chief Building Official. further agrees that the dwellings shall be designed and constructed in accordance 6. That the Owner shall prepare a Landscape Plan for the Retained lands which is to be approved by the Director of Planning. Such plan shall include sympathetic plantings to re- establish the east edge of the Retained lands and re-establish the vista and linear focal point from the terrace along the new property line, as identified in the approved Heritage Impact Assessment prepared by Amy Barnes Consulting, and dated June 2020. 7. The Owner shall prepare and submit for review a Conservation Plan for the Retained lands which is to be approved by the Director of Planning. 8. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the Owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The Owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 15 9. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $$11,040.00, which is required on the severed parcel. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 24.Om at a land value of $9,200 per frontage meter. 10. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 11. That the Owner, in accordance with Section 53 of the Ontario Water Resources Act, obtain an environmental certificate of approval for sewage works from the Ministry of the Environment, Conservation and Parks for the extension of the municipal sewer, to the satisfaction of the City's Engineering Services. 12. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 13. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp (if provided), on the severed lands. 14. 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. 15. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 16. That prior to final approval, the Owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 17. That prior to final approval, the Owner/applicant submit a draft reference plan identifying the road widening dedication and mutual access for review and approval by the Region. 18. That prior to final approval, the Owner/applicant complete the road widening dedication to the satisfaction of the Region. 19. That prior to final approval the Owner/applicant submit a signed mutual access agreement to the satisfaction of the Region. 20. That prior to final approval the Owner/applicant complete the required Access Permits to the satisfaction of the Region. 21. That prior to final approval, the Owner/applicant submit a lot grading plan for review and approval by the Region. 16 22. The Owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed lands: a. The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b. Prior to issuance of a building permit for the severed lands, a Professional Engineer qualified to provide acoustical services in the Province of Ontario should certify that the noise control measures for the development have been designed as per the NPC -300 guidelines. c. The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". 23. The Owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the retained lands: a. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". 17 - W, ZN-2� Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner 18 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 ionofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT October 9, 2020 Re: Comments for Consent Applications B2020-039 to 62020- 041 Committee of Adjustment Hearing October 20, 2020 CITY OF KITCHENER B2020-039 and B2020-040 518 Bridgeport Road East Elev8 Properties Inc. The owner/applicant is proposing to sever the existing parcel for the creation of a total of three lots. The existing single detached would remain and a new lot would be created to the east and to the west. The proposed lot to the west would have a new driveway access to Bridgeport Road, while the access to the existing dwelling would remain and provide access/egress for both the existing dwelling and the new lot to the east. In order to accommodate this shared access an easement will be required over a specific portion of the new eastern lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Road Widening: Regional Staff acknowledge that the designated road width of Bridgeport Road (RR #09) at this location is 30.48m whereas the existing right-of-way is 26.Om approximately. The existing road centre does not represent the true historic road centreline. Therefore, a dedicated road widening up to 15.24m from the road centreline (3.6 m approximately) will be required to be conveyed to the Region at the owner' s cost to comply with the ROP designated width of 30.48m for Bridgeport Road (RR #09). An Document Number: 3424524 Version: 1 Ontario Land Surveyor (OLS) must determine the exact amount of dedicated road widening based on the historic centreline of Bridgeport Road East (RR # 09). Regional Staff except that additional lands along this property frontage might be acquired for Bridgeport Road reconstruction and major rehabilitation project currently scheduled for the year 2024. However, the preliminary design is not available at this time. It is expected that approximate 5.Om from current property line, might be the land acquisition needs for the road reconstruction project; although nothing is sure at this time as preliminary design is not available at this stage. These future lands must also be shown on the Severance plan to ensure no building or private infrastructure would encroach into the future road right-of-way. The buildings on the lots to be severed must be setback accordingly. A draft reference plan must be provided for review by the Regional staff prior to depositing the reference plan with the Land Registry office. Transportation Capital Project: Regional Staff note that Bridgeport Road in this location is scheduled for reconstruction during the year 2024 (design to start in the year 2020). Preliminary design is not available at this stage, however, it is expected that additional lands up to 5.Om from the existing property line might is acquired for this road project. For more information on the reconstruction of Bridgeport road, please contact William Gilbert @ 519-575-4603 Email: WGilbert(d)-regionofwaterloo.ca Access Permits: Regional Staff acknowledge that the application specifies the existing residential building and the proposed severed lot to the east will be accessed by the existing access with an access easement. Regional Staff will require the owner/applicant to complete a Mutual Access Agreement that will be registered on title for both properties. The owner/applicant may choose to have separate entrances for each of the severed and retained lots, provided the grades permit to do so (there are no visibility concerns for the property frontage). The existing access does not comply with the Regional standards (is too acute with the road centreline) and must be modified as mentioned in the foregoing. Both the existing and the proposed westerly access for the severed lot must be aligned at an angles of preferably at 900 (at the most within 700 to 1100 ) with the road centreline at the future property line and should have a straight centre line. The angle of access with the future property line must be shown on the plans. In addition, the difference in slope along access centreline must not exceed 10% in any 3m section. The access must have throat width of 3.7m — 6.Om ((at future property line) and minimum 1.5m (3.Om preferred) radii / flare out, at the edge of pavement. Document Number: 3424524 Version: 1 The access easement to the existing house and the easterly severed lot should be completely located internally and must take into consideration the lands to be dedicated to the Region; and the alignment of the entrances as per Regional standards, as mentioned above. Regional Staff acknowledge there has been on-going discussions with City of Kitchener Staff as the property is on the Municipal Heritage Register as a non -designated property of cultural heritage value or interest. The Heritage Impact Assessment recommended that the existing entrance be maintained in support of the existing dwelling and that access for the proposed eastern lot be provided by a shared access. Regional Staff are satisfied with these considerations and the shared access with the eastern lot. However, the owner/applicant must contact Regional Staff to ensure all proposed accesses (i.e. the western access) meet the access design configuration with the Region. For each access, an access permit application along with $100 each application fee would be required for access modification for the existing entrance (shared access); and for the proposed severed lot(s) and the retained lot, as the case may be. All costs associated with a private access are Owner' s responsibility. The Regional Access Permit Application is available at: https://forms. regionofwaterloo. ca/ePay/PDLS-Online-Payment-Forms/Application-and- Paym ent-for-an-Access-Permit Grading Plan: Regional Staff will require an engineered detailed lot grading plan, to the satisfaction of the Region, that shows spot grades on the lands abutting the Regional road right-of-way and along the centreline of the accesses. Environmental Noise: Regional Staff note that the subject property would have impacts from road traffic on Bridgeport Road (RR #09) as well as from Conestoga Parkway (Highway 85). As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands. Severed Lots: a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density Document Number: 3424524 Version: 1 developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". ii. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". Retained Lot: a) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". In addition, prior to the issuance of a building permit for the severed lots (Lot 1 and Lot 2), a Professional Engineer qualified to provide acoustical services in the province of Ontario should certify that the noise control measures for the development have been designed as per the NPC -300 guidelines. Municipal Consent: Regional Staff note that a Servicing plan has not ben received with the above application. Any changes to the existing servicing / any new servicing connections would be require a separate approval through Municipal Consent. A Municipal Consent will be required for the installation of any proposed/required servicing connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance for further guidance. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water Document Number: 3424524 Version: 1 service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Please be advised that Bridgeport Road East is currently subject to major construction and rehabilitation with anticipated construction scheduled to begin in 2024. The transportation capital project number (TCP) is 7352. This project will be assigned to a project manager in the near future, however any questions or concerns at this time can be directed to Frank Kosa who can be reached at FKosa _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. 2) That prior to final approval, the owner/applicant submit a draft reference plan identifying the road widening dedication and mutual access for review and approval by the Region. 3) That prior to final approval, the owner/applicant complete the road widening dedication to the satisfaction of the Region. 4) That prior to final approval the owner/applicant submit a signed mutual access agreement to the satisfaction of the Region. 5) That prior to final approval the owner/applicant complete the required Access Permits to the satisfaction of the Region. 6) That prior to final approval, the owner/applicant submit a lot grading plan for review and approval by the Region. 7) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed lands: a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) Prior to issuance of a building permit for the severed lands, a Professional Engineer qualified to provide acoustical services in the Province of Ontario should certify that the noise control measures for the development have been designed as per the NPC -300 guidelines. Document Number: 3424524 Version: 1 c) The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". 8) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the retained lands: a) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". B2020-041 124 Mill Street Binas Faikovska The owner/applicant is proposing to sever the existing lot to permit the existing semi- detached dwellings to be on separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3424524 Version: 1 Environmental Noise: Regional Staff acknowledge that no new building is being proposed as part of the subject application as the purpose is to allow the existing semi-detached dwellings to be on separate lots. Therefore, Regional Staff will require the owner/applicant to enter into an agreement with the City of Kitchener to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." ii. "Purchaser/tenants are advised that sound levels due to increasing transportation noise (road and railway) in the vicinity, may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." Water Services: Regional Staff advise that the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant to enter into an agreement with the City of Kitchener to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from Document Number: 3424524 Version: 1 the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." "Purchaser/tenants are advised that sound levels due to increasing transportation noise (road and railway) in the vicinity, may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." 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: 3424524 Version: 1 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report AaR Development Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 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: October 13, 2020 REPORT #: DSD -20-172 SUBJECT: B2020-041 & A2020-085 to 086 — 122-124 Mill Street Applicant — Arbent Faikoyska Recommendation: Approve with conditions *go- _ wL • Ar! � -mr- %M Location Map: 122-124 Mill Street *** 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 122-124 Mill Street is zoned Residential Five Zone (R-5) in the Zoning By-law. The property is designated Low Rise Conservation in the Mill Courtland - Woodside Park Secondary Plan in the Official Plan. Staff conducted a site inspection of the property on October 2, 2020. The applicant is requesting relief from the Zoning By-law to legalize a front yard setback of 11 metres whereas a maximum of 6.5 metres is required. The applicant is also requesting consent to sever the lot in two to create separate ownership of the semi-detached dwellings. The severed lot would have a lot width of 9.14 metres, a depth of 43.5 metres, and an area of 408 square metres. The retained lot would have a lot width of 9.14 metres, a depth of 50 metres, and an area of 448 square metres. View of Existing Building (October 2, 2020) 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 offers the following comments. General Intent of the Official Plan 1. The requested variance meets the general intent of the Official Plan. The Low Rise Conservation designation allows for slight density increases including semi-detached dwellings. The Official Plan favours the mixing and integration of different forms of housing. The requested variance for front yard setback does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The regulation that requires a maximum of 6.5 metres front yard setback is part of the RIENS (Residential Intensification within Established Neighbourhoods) by-law. This by-law intends to preserve a consistent building line on streets with consistent building setbacks. The subject property is property is a very deep lot and the setback of the existing building allows for adequate parking for vehicles for each semi-detached dwelling. The existing neighbourhood has many examples of vehicle parking between the building and the street. Further, the increased setback of the existing building does not negatively impact the street aesthetics in terms of the building line. Therefore, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The existing building is located on a deep lot and can still provide more than adequate amenity space in the rear. The setback does not have adverse impacts on the surrounding neighbourhood and is therefore considered to be appropriate. Is the Variance Minor? 4. The requested variance for maximum front yard setback is not expected to cause adverse impacts and is therefore considered minor. View of relationship to neighbouring building (October 2, 2020) Severance 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, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. The proposed lots conform to the Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Consent Application B2020-041, requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached unit be approved, subject to the conditions listed in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: It is noted in the City of Kitchener's Official Plan that a road widening is required along Mill Street with an ultimate road width of 20 metres, between Queen Street and Courtland Road. Therefore, a conveyance to the City of Kitchener of approximately 4 metres is required along the Mill Street frontage for each proposed lot. A reference plan noting the road widening must be submitted. Also, submission to the satisfaction of Engineering Services, a Phase 1 Environmental Site Assessment (ESA) for each lot, and, if necessary, a Phase 2 ESA be submitted for each lot. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns as no new development/construction is proposed. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate sanitary and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (519-741-2200 ext. 7330). Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. Please note that there are currently no storm sewers along Mill Street in this area. The developer has three choices for a sump pump outlet: • Prove you can accommodate the sump pump discharge on the individual properties. • Prove a sump pump is not required at all in the buildings. • Extend the storm sewer down the street. This will require MECP approval and will go through the Off -Site Works Process. In accordance with Section 53 of the Ontario Water Resources Act, an Environmental Compliance Approval (ECA) for sewage works will be required by the Ministry of Environment, Conservation and Parks for the extension of the municipal sewer to the satisfaction of the Director of Engineering Services. The property falls within the City of Kitchener Central Neighborhoods Boundary and is therefore may be eligible for funding from the City of Kitchener for municipal service extension design and installation. Please note that funding is made available on a first come first serve basis and may be adjusted during times of a pandemic. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. For conveyance of road widening, Engineering will require a Phase 1 Environmental Site Assessment (ESA) for each lot, and, if necessary, a Phase 2 ESA be submitted for each lot. Parks & Cemeteries Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $4,206.24 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (9.144m) at a land value of $9,200 per frontage meter. RECOMMENDATION That minor variance applications A2020-085 to 086 requesting to legalize a front yard setback of 11 m rather than the required maximum of 6.5m be approved. That application B2020-041 requesting consent to sever the subject property into two lots 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 provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,206.24. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 4. That the Owner conveys to the City of Kitchener, without cost and free of encumbrance, an approximately 4 metres wide road widening along the severed parcel's entire Mill Street frontage, to the satisfaction of the City's Transportation Services. In addition, the owner shall submit a Phase 1, and if necessary, a Phase 2 Environmental Assessment to the satisfaction of the City's Engineering Services for the road widening on the severed portion. 5. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 6. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the Owner submits a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 9. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 10. That the owner extend the storm sewer or implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering Services. 11. That the Owner correct the front yard fence to meet the City's Fence By-law to the satisfaction of the Director of Planning. 12. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 13. The Owner/applicant to enter into an agreement with the City of Kitchener to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." b. "Purchaser/tenants are advised that sound levels due to increasing transportation noise (road and railway) in the vicinity, may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." Eric Schneider, 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 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT October 9, 2020 Re: Comments for Consent Applications B2020-039 to 62020- 041 Committee of Adjustment Hearing October 20, 2020 CITY OF KITCHENER B2020-039 and B2020-040 518 Bridgeport Road East Elev8 Properties Inc. The owner/applicant is proposing to sever the existing parcel for the creation of a total of three lots. The existing single detached would remain and a new lot would be created to the east and to the west. The proposed lot to the west would have a new driveway access to Bridgeport Road, while the access to the existing dwelling would remain and provide access/egress for both the existing dwelling and the new lot to the east. In order to accommodate this shared access an easement will be required over a specific portion of the new eastern lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Road Widening: Regional Staff acknowledge that the designated road width of Bridgeport Road (RR #09) at this location is 30.48m whereas the existing right-of-way is 26.Om approximately. The existing road centre does not represent the true historic road centreline. Therefore, a dedicated road widening up to 15.24m from the road centreline (3.6 m approximately) will be required to be conveyed to the Region at the owner' s cost to comply with the ROP designated width of 30.48m for Bridgeport Road (RR #09). An Document Number: 3424524 Version: 1 Ontario Land Surveyor (OLS) must determine the exact amount of dedicated road widening based on the historic centreline of Bridgeport Road East (RR # 09). Regional Staff except that additional lands along this property frontage might be acquired for Bridgeport Road reconstruction and major rehabilitation project currently scheduled for the year 2024. However, the preliminary design is not available at this time. It is expected that approximate 5.Om from current property line, might be the land acquisition needs for the road reconstruction project; although nothing is sure at this time as preliminary design is not available at this stage. These future lands must also be shown on the Severance plan to ensure no building or private infrastructure would encroach into the future road right-of-way. The buildings on the lots to be severed must be setback accordingly. A draft reference plan must be provided for review by the Regional staff prior to depositing the reference plan with the Land Registry office. Transportation Capital Project: Regional Staff note that Bridgeport Road in this location is scheduled for reconstruction during the year 2024 (design to start in the year 2020). Preliminary design is not available at this stage, however, it is expected that additional lands up to 5.Om from the existing property line might is acquired for this road project. For more information on the reconstruction of Bridgeport road, please contact William Gilbert @ 519-575-4603 Email: WGilbert(d)-regionofwaterloo.ca Access Permits: Regional Staff acknowledge that the application specifies the existing residential building and the proposed severed lot to the east will be accessed by the existing access with an access easement. Regional Staff will require the owner/applicant to complete a Mutual Access Agreement that will be registered on title for both properties. The owner/applicant may choose to have separate entrances for each of the severed and retained lots, provided the grades permit to do so (there are no visibility concerns for the property frontage). The existing access does not comply with the Regional standards (is too acute with the road centreline) and must be modified as mentioned in the foregoing. Both the existing and the proposed westerly access for the severed lot must be aligned at an angles of preferably at 900 (at the most within 700 to 1100 ) with the road centreline at the future property line and should have a straight centre line. The angle of access with the future property line must be shown on the plans. In addition, the difference in slope along access centreline must not exceed 10% in any 3m section. The access must have throat width of 3.7m — 6.Om ((at future property line) and minimum 1.5m (3.Om preferred) radii / flare out, at the edge of pavement. Document Number: 3424524 Version: 1 The access easement to the existing house and the easterly severed lot should be completely located internally and must take into consideration the lands to be dedicated to the Region; and the alignment of the entrances as per Regional standards, as mentioned above. Regional Staff acknowledge there has been on-going discussions with City of Kitchener Staff as the property is on the Municipal Heritage Register as a non -designated property of cultural heritage value or interest. The Heritage Impact Assessment recommended that the existing entrance be maintained in support of the existing dwelling and that access for the proposed eastern lot be provided by a shared access. Regional Staff are satisfied with these considerations and the shared access with the eastern lot. However, the owner/applicant must contact Regional Staff to ensure all proposed accesses (i.e. the western access) meet the access design configuration with the Region. For each access, an access permit application along with $100 each application fee would be required for access modification for the existing entrance (shared access); and for the proposed severed lot(s) and the retained lot, as the case may be. All costs associated with a private access are Owner' s responsibility. The Regional Access Permit Application is available at: https://forms. regionofwaterloo. ca/ePay/PDLS-Online-Payment-Forms/Application-and- Paym ent-for-an-Access-Permit Grading Plan: Regional Staff will require an engineered detailed lot grading plan, to the satisfaction of the Region, that shows spot grades on the lands abutting the Regional road right-of-way and along the centreline of the accesses. Environmental Noise: Regional Staff note that the subject property would have impacts from road traffic on Bridgeport Road (RR #09) as well as from Conestoga Parkway (Highway 85). As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands. Severed Lots: a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density Document Number: 3424524 Version: 1 developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". ii. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". Retained Lot: a) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". In addition, prior to the issuance of a building permit for the severed lots (Lot 1 and Lot 2), a Professional Engineer qualified to provide acoustical services in the province of Ontario should certify that the noise control measures for the development have been designed as per the NPC -300 guidelines. Municipal Consent: Regional Staff note that a Servicing plan has not ben received with the above application. Any changes to the existing servicing / any new servicing connections would be require a separate approval through Municipal Consent. A Municipal Consent will be required for the installation of any proposed/required servicing connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance for further guidance. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water Document Number: 3424524 Version: 1 service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Please be advised that Bridgeport Road East is currently subject to major construction and rehabilitation with anticipated construction scheduled to begin in 2024. The transportation capital project number (TCP) is 7352. This project will be assigned to a project manager in the near future, however any questions or concerns at this time can be directed to Frank Kosa who can be reached at FKosa _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. 2) That prior to final approval, the owner/applicant submit a draft reference plan identifying the road widening dedication and mutual access for review and approval by the Region. 3) That prior to final approval, the owner/applicant complete the road widening dedication to the satisfaction of the Region. 4) That prior to final approval the owner/applicant submit a signed mutual access agreement to the satisfaction of the Region. 5) That prior to final approval the owner/applicant complete the required Access Permits to the satisfaction of the Region. 6) That prior to final approval, the owner/applicant submit a lot grading plan for review and approval by the Region. 7) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed lands: a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) Prior to issuance of a building permit for the severed lands, a Professional Engineer qualified to provide acoustical services in the Province of Ontario should certify that the noise control measures for the development have been designed as per the NPC -300 guidelines. Document Number: 3424524 Version: 1 c) The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". 8) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the retained lands: a) The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP) ". B2020-041 124 Mill Street Binas Faikovska The owner/applicant is proposing to sever the existing lot to permit the existing semi- detached dwellings to be on separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3424524 Version: 1 Environmental Noise: Regional Staff acknowledge that no new building is being proposed as part of the subject application as the purpose is to allow the existing semi-detached dwellings to be on separate lots. Therefore, Regional Staff will require the owner/applicant to enter into an agreement with the City of Kitchener to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." ii. "Purchaser/tenants are advised that sound levels due to increasing transportation noise (road and railway) in the vicinity, may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." Water Services: Regional Staff advise that the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant to enter into an agreement with the City of Kitchener to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from Document Number: 3424524 Version: 1 the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." "Purchaser/tenants are advised that sound levels due to increasing transportation noise (road and railway) in the vicinity, may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." 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: 3424524 Version: 1 Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — 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 Document Number: 3413295 Page 1 of 2 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Bell Canada Right of Way Floor 2, 140 Bayfield Street Barrie, Ontario L4M 3131 September 29, 2020 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 Tel: 705-722-2264 Fax: 705-726-4600 E-mail: charleyne.hall@bell.ca E-mail Only: Holly Dyson — holly.dyson(a-)kitchener.ca Subject: Application for Consent B2020-041 124 Mill Street Kitchener ON Bell File: 519-20-471 Subsequent to review by our local engineering department, Bell Canada has identified that we require protection for existing facilities. On the attached sketch, the red line indicates the approximate location of active, critical infrastructure. Located on the property municipally known as 124 Mill Street, Bell Canada's facilities provide essential access to the network. Of major concern is the ability to access our equipment, particularly in the event of an interruption, or emergency, that would require Bell Canada to restore service to regular telephone lines, alarm services, internet access, and most importantly ensure the continuity of 911 service. Bell Canada requests a 3.Om wide strip to measure 1.5m on either side of the aerial facilities, as can be reasonably accommodated. Since the intention of the requested easement is to protect the integrity of the existing facilities and preserve many services, we request that the cost associated with registration be the responsibility of the landowner. We hope this proposal meets with your approval and request a copy of the decision. Should our request receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and accompanying draft easement documents for our approval prior to registration, along with an acknowledgement and direction for our execution. If you have any questions or concerns, please feel free to contact me. Yours truly, O.&r M Charleyne Hall Right of Way Associate Staff RepoifK�i_,(]HF:NF R Development Services Department wwwkitchener.a REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 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: October 13, 2020 REPORT NUMBER: DSD -20-173 SUBJECT: Application CC2020-004 56 Roos Street Owners/Applicants — James Kuntz & Laura Detzler Approve with conditions Subject Property: 56 Roos Street Background: On October 18, 2016, the Committee of Adjustment approved severance application B2016-023 & B2016-024 for 50 Roos Street to create two new lots addressed as 56 and 62 Roos Street. That application has been fully approved and a single detached dwelling was constructed on each new lot. Staff Report KN x Development Services Department wwwkitchener.ca On March 8, 2019, the Committee of Adjustment approved severance application B2019-010 to sever a portion of 50 Roos Street and add it as a lot addition to 56 Roos Street. On December 10, 2020, the Committee of Adjustment approved severance application 62019- 073 to sever a portion of 56 Roos Street that is 11.70 metres wide at the street and 13.7 metres wide at the required front yard, with a lot depth of 58.942 and 61.79 metres, and a lot area of 823 square metres, and add it as a lot addition to 56 Roos Street. The proposed severed lands are the same lands added to 56 Roos Street through application B2019-010 and are legally described at Part 1 on Reference Plan 58R-20481. That approval was subject to certain engineering conditions that had to be satisfied prior to final approval of the application. The Owner has requested a change of conditions application to allow the lands to be severed in advance of satisfying those conditions, and instead having those conditions form part of a development agreement. Those conditions would then be satisfied prior to building permit issuance, rather than the creation of the new lot. Report: The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as Residential Three (R-3) in the Zoning By-law. The property is within the regulated limit of the Grand River Conservation Authority (GRCA). Planning Comments: Planning Staff is recommending that the conditions 5-10 of the decision dated December 10, 2019 for B2019-073, be modified as requested by the Applicant. The proposed change is minor in accordance with Section 53(26) of the Planning Act and no written notice is required or will be provided. Building Comments: The Building Division has no objections to the change of conditions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concern with this application. Engineering Comments: Engineering has no comments or concerns. Environmental Planning Comments: Environmental Planning staff has no comments. Region of Waterloo: Regional staff has reviewed the application and has no concerns. RECOMMENDATION: That Conditions 5-10 of Decision B2019-281, dated December 10, 2019, be changed to the following: Staff Report vx Development Services Department wwwkitchener.ca 5. That the Owner enters into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: That prior to the issuance of a Building Permit, 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 lands. ii. That prior to the issuance of a Building Permit, the Owner makes financial arrangements to the satisfaction of the City's Engineering Services for a future sidewalk along the severed frontage (11.70) of the severed portion, calculated at the rate the day the Building Permit is issued. iii. That prior to the issuance of a Building Permit, the Owner makes arrangements financial or otherwise for the relocation of any existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. iv. That prior to the issuance of a Building Permit, the Owner provides a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. V. That prior to the issuance of a Building Permit, the Owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. vi. That prior to the issuance of a Building Permit, the Owner provides Engineering staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. 6. -Deleted- 7. -Deleted- 8. -Deleted- 9. -Deleted- 10. -Deleted - Garett Stevenson, B.E.S., MCIP, RPP Senior Planner te� Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — 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 Document Number: 3413295 Page 1 of 2 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 Holly Dyson From: Andrew Herreman <aherreman@grandriver.ca> Sent: 08 October, 2020 11:29 AM To: Holly Dyson Subject: [EXTERNAL] GRCA Comments - October Committee of Adjustment Meeting Attachments: October 2020 - GRCA Comments.pdf Good morning Holly, Please find attached comments for the October CofA meeting. GRCA has no objection to the Change of Conditions application CC 2020-004 — 56 Roos Street. Let me know if you have any questions. Sincerely, Andrew Herreman, CPT I Resource Planning Technician Grand River Conservation Authority 400 Clyde Road, PO Box 729, Cambridge, Ontario N1 R 5W6 (519) 621-2763 x 2228 1 www.grandriver.ca