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HomeMy WebLinkAboutCA Agenda - 2021-04-20COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA April 20, 2021 - 10:00 a.m. CONSENT APPLICATIONS: Submission No.: B 2020-047 Applicants: Michael Krause Property Location: 50 Brookside Crescent Legal Description: Part Blocks O & 87, Registered Plan 1334, being Parts 1 & 3 on Reference Plan 58R-20390 The Committee was advised the applicant is requesting permission to sever a parcel of land on the westerly edge of the property (future municipal address 52-54 Brookside Crescent), having an approximate width of 16.2m, a depth of 33.5m and an area of 542.7 sq.m. The retained land will be irregular in shape having an approximate width of 35m, a depth of 43.5m and an area of 1523 sq.m. The severed lot is intended for a semi-detached dwelling. 2. Submission No.: B 2021-011 Applicant: Grand River Conservation Authority Property Location: Fairway Road North & Woolner Trail (Vacant Land) Legal Description: Part lot 9 and 14 &16, Registered Plan 591 The Committee was advised the applicant is requesting permission to sever a vacant irregular shaped parcel at the corner of Fairway Road North and Old Zeller Drive having a width on Old Zeller Drive of approximately 159.862m and an area of 6.92 hectares. The retained land will be irregular in shape approximately 10.5 hectares. The severed lot is proposed to be a new Catholic School site, the retained land will be open space. 1 THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St NOTICE OF HEARING Box 1118 W � Kitchener ON N2G 4G7 1- I' ( a IFIN I IR Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2203 As amended and Ontario Regulations 197/96 and 200/96, as amended. CofA@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY, April 20, 2021 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 April 19, 2021. To register please email CofA()kitchener.ca or via phone at 519-741-2203. When registering you must provide your full contact name including mailing address, email address, phone number and application you would like to comment on. Once you are registered you will receive an email including information on how to connect to the Zoom meeting (i.e. weblink of conference call number); • You can provide a written submission no later than 8:30 a.m. Tuesday April 20, 2021, 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. lel»I191A9Is] kiPsY07:aLTA llki Eel :AMAN/_1ki[91zr_1kiU101:melki61121ki111111111111L'1;11111,r_1kiIS110119:I:8,A_1ki1kiIIki[r1_ToI A 2021-019 - 30 Waterbow Trail (Amended) Permission to construct a single detached dwelling having a southerly side yard abutting Valleybrook Drive of 4.1 m rather than the required 4.5m; a southerly side yard abutting Valleybrook Drive for a non -enclosed porch of 2.74m rather than the required 3m; and, a driveway setback of 7.6m from the intersection of Waterbow Trail and Valleybrook Drive rather than the required 9m. A 2021-026 - 11 Whitney Place Permission to reconstruct the front porch on an existing single detached dwelling having an easterly side yard setback of 0.78m rather than the required 1.2m; a front porch setback of 2.64m rather than the required 4.7m; and, a 2.64m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the 4.5m DVT. A 2021-027 - 573 Guelph Street Permission to construct a semi-detached dwelling on a lot having a width of 14.96m rather than the required 15m; and, an easterly side yard setback of 0.94m and a westerly side yard setback of 0.91 m rather than the required 1.2m. A 2021-028 - 11 Springdale Drive Permission to have a home office in the basement of an existing single detached dwelling having one off- site employee whereas the By-law does not permit off-site employees; and, to 2 separately accessed off- street parking spaces rather than the required 3 separately accessed off-street parking spaces. A 2021-029 - 20 Munroe Street Permission to convert an existing single detached dwelling into a duplex having the required off-street parking located 1m from the property line rather than the required 6m. Page 1 of 3 A 2021-030 - 80 Courtland Avenue East Permission to convert the existing office building into a health office having a parking rate of 1 off-street parking space per 26 sq.m. of Gross Floor Area (GFA) rather than the required 1 off-street parking space per 15 sq.m. GFA. A 2021-031 - 660 Avondale Avenue Permission to construct a single detached dwelling having a rear yard setback 4.7m rather than the required 7.5m. The existing dwelling will be demolished. A 2021-032 - 81 Waterloo Street Permission to construct a roof over an existing deck in the rear yard of a single detached dwelling having a rear yard setback of 4m rather than the required 7.5m. A 2021-033 - Fairway Road North & Woolner Trail (Vacant Land) Permission for the severed land (Consent Application B 2021-011) proposed for the construction of a new school to have a lot width of 150m rather than the required 300m; and, an area of 6.9 hectares rather than the required 40 hectares. The Consent Application was deferred at the March Committee of Adjustment meeting and will be considered concurrently with the subject application. B 2021-015 - 83 Elmsdale Drive Permission to grant three easements for sanitary services available along the Ottawa Street property frontage to facilitate development; Easement 1 on the plan submitted with the application being irregular in shape having a width of 5m, an overall length of 152.3m and an area of 761.3 s.m. in favour of Parcel C; Easement 2 on the plan submitted with the application having a width of 5m, a length of 5.5m and an area of 27.5 sq.m. in favour of Parcels C and D; and, Easement 3 having a width of 5m, a length of 161.1 m and an area of 805.6 sq.m. in favour of Parcel D. The property was previously subject to Consent applications which created the parcels and established additional easements. B 2021-016 - 83 Second Avenue Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 8.23m, a depth of 40.234m and an area of 331 sq.m. The retained land will have a width of 8.23m, a depth of 40.234m and an area of 331 sq.m. The existing dwelling will be demolished. B 2021-017 - 82 Pattandon Avenue 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 7.62m, a depth of 37.97m and an area of 289 sq.m. The retained land will have a width of 7.62m, a depth of 37.97m and an area of 289 sq.m. The existing dwelling will be demolished. B 2021-018 to B 2021-020 - 942 Doon Village Road Permission to create 3 lots and retain 1 for residential development. All four of the lots are proposed to have access on Doon Mills Drive. The proposed lots will have the following dimensions: B 2020-018 - (Severed Lot 1) Access Doon Mills Drive Width - 13.716m Depth - 70.7m Area — 918.4 sq.m B 2020-019 - (Severed Lot 3) Access Doon Mills Drive Width - 13.716m Depth - 45.19m Area - 909.6 sq.m B 2020-019 - (Severed Lot 2) Access Doon Mills Drive Width - 13.716m Depth - 70.7m Area - 909.4 sq.m Retained Lot Access Doon Mills Drive Width - 19.695m Depth - 70.76m Area - 1306.6 sq.m B 2021-021 to B 2021-023 - 654 Rockway Drive Permission to create 3 lots and retain 1 for the construction of two semi-detached dwellings. The proposed lots will have the following dimensions: Retained Parcel - (Parcel A) Width - 8.38m Depth - 32.61 m Area - 263 sq.m B 2021-022 - (Parcel C) Width - 8.38m Depth - 32.62m Area - 263 sq.m B 2021-021 - (Parcel B) Width - 8.38m Depth - 32.61m Area - 263 sq.m B 2021-023 - (Parcel D) Width - 8.38m Depth - 32.61m Area - 263 sq.m Page 2 of 3 B 2021-024 & A2021-034 - 59 Carisbrook Drive Permission to sever a parcel of land being irregular in shape at the rear of the property having a width of 38.71 m, a westerly depth of 33.22m and an area of 503 sq.m. to be conveyed as a lot addition to the property municipally addressed as 34 Hillcrest Lane. Permission is also being requested for a minor variance to legalize the subject property for have frontage on a private lane whereas the By-law requires all properties to have frontage on a public street. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2203). • 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 CofA(c)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 1 st day of April, 2021. 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 APRIL 1, 2021. Page 3 of 3 i Staff Report �T R Dbvelopr7ent Services Department www.kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: April 12, 2021 REPORT NO.: DSD -2021-55 SUBJECT: Consent Application B2020-047 50 Brookside Crescent Owner —Michael Krause Applicant - Michael Krause RECOMMENDATION: For Information REPORT HIGHLIGHTS: Please refer to Report DSD -2021-23 dated March 5, 2021 (attached) for Planning staff's recommendation and full commentary. This purpose for this report is to document the feedback on the proposed elevation plans. BACKGROUND: Consent application B2020-047 was deferred by the Committee of Adjustment on March 16, 2021 to allow additional time for the applicant to prepare elevations drawings for the proposed semi- detached dwelling and have them reviewed by staff and the neighbourhood. Planning staff held a Zoom meeting on April 12, 2021 with 3 residents to obtain feedback on the proposed elevations. Three written comments were also provided and are discussed in this report. REPORT: Community Comments: Email Comment 1 "My husband and I reside at 59 Brookside, across the street slightly down from the heritage farmhouse. We are one of several neighbours who have concerns regarding the proposed new build on the west side of the farmhouse. What is the frontage of the new proposed build? Will it extend out past the neighbouring home at 58 Brookside? If the "smokehouse"is being demolished to allow *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. for the proposed semi attached houses, why is the "shed" behind the proposed new build not being removed as well? This would allow for the new proposed build to be erected further back from the street which would not hinder the neighbouring home's sight lines and perhaps provide for slightly longer driveways. The "shed" at the back of the property has no historical relevance, in our opinion, as it was erected after we moved to Brookside almost 33 years ago in September of 1988. Also, if the current owner of the farmhouse, Mr. Krause wishes to sell one or both of the semis in the future, would it not be awkward for new owner(s) to have a shed behind the property which belongs to the farmhouse? Ourselves and our neighbours feel that we were initially misled by Mr. Krause regarding his plans for the original build which has now been erected on the east side of the farmhouse. Unfortunately, we cannot change what has happened, however we wish to work with Mr. Krause and the city around a reasonable solution that everyone can live with. We are sending along our concerns in writing as we may not be able to attend the zoom meeting this Monday. Thank you for the opportunity to share our concerns with you. " Email Comment 2 "What will the height of the new build be? As in, will it be 1 % storeys or 2 storeys? I saw in previous correspondence that it was to be no more than 1 % storeys. The designs here indicate 2 storeys. The duplex was supposed to be no more than 1 % storeys and somehow it's 2 storeys. How far out in front of 58 Brookside is it going to be? We are concerned about sightlines. Why not push it back further and remove the coachhouse. If the concern there is tenancy, I'm told by bylaw that coachhouses currently aren't able to have tenants." Email Comment 3 "What makes a home, community, what make it yours and what happens when it threatened. If the neighbours voice is taken away, one take away the very thing that makes it a neighborhood. Michael Krause delivered a letter in our mail box that he would build a Granny flat. I got no problem with a Granny flat and saving the trees. We think it's a excellent idea. Good for you Mike. The Granny flat grew into a duplex, now when we are sitting in our living room I feel like someone from the top floor can reach out and touch me. Still mind - boggling - Granny flat to a Duplex. Issues. Parking - 42 Brookside cr. Visitors park overnight on the street in winter. Snow - snow was plowed from 50 and 42 Brookside driveways across the street to the boulevard. Snow that is left on the street is then push on to our driveway by city plow. Now we got additional snow to shovel. Seeing the issue develops at 42 Brookside cr. These are some concerns Front of building should be in line with other houses same height as other houses single family house to suit neighborhood snow clearing Parking Finally a win win situation would be great." Discussion during Zoom Meeting: During the meeting, the discussion was mainly focused on the setback from the street, especially in relation to the setback of 58 Brookside Crescent, the height of the building, and the coach house dwelling. Heritage Planning staff also confirmed their position of support to permit the demolition of the existing detached accessory building (also referred to as the "smokehouse" in the comments). The proposed setback shown on the preliminary plan for the proposed semi-detached dwelling is 6.0 metres. There is generally a 6.0 metre setback west of the proposed lots, except for the immediately adjacent dwelling at 58 Brookside Crescent, which has a setback of approximately 7.5 metres. Aerial view of dwelling west of the proposed lots. Proposed Elevations Planning Staff received the proposed elevation plan and circulated to interested community members for discussion. arm NVI IIOtl WILIH War M-1 D I� =_ I I I I OaMar ��a - - --- - -- - - - - - - - - - - - --- ----------- Elevation Drawing Received April 8, 2021 for discussion The proposed height is 28.0 feet, or approximately 8.53 metres. The proposed semi-detached dwelling is two storeys in height. The existing dwelling to the west, 58 Brookside Crescent, is a side split with a two-storey portion (shown below). Existing Dwelling - 58 Brookside Crescent The existing dwelling to the east at 50 Brookside Crescent is two storeys (shown below). Existing Dwelling — 50 Brookside Crescent The existing dwellings in the immediate area of 50 Brookside Crescent are single storey at the street, although there are side splits and two storey dwellings further to the west of the subject lands. It was also discussed during the meeting that the roof pitch has been reduced to lower the overall height of the proposed semi-detached dwelling. Detached Accessory Building Planning staff understands that Building and By-law Enforcement Staff are working with the Owner to legalize the detached accessory building. An Additional Dwelling Unit (Detached) is a separate self-contained dwelling unit located in a detached building on the same lot as a single detached dwelling, duplex dwelling, semi-detached dwelling unit, or street townhouse dwelling unit. The City is bringing forward new zoning regulations for Additional Dwelling Unit (Detached) City-wide to implement Bill 108 (More Homes, More Choice Act) which was passed by the Provincial government in 2019. Once these new regulations are in place, the Owner will be required to obtain approvals to legalize the detached dwelling. While the building has existed prior to 1994, it is not known when renovations were undertaken to convert the building to a residential use. Next Steps During the meeting, a couple of possible design solutions were discussed that included increasing the front yard setback, increasing the front yard setback for the second storey, increasing the setback of one half of the semi-detached dwelling, and flipping the porch and garage on the westerly semi- detached unit so the porch would be adjacent to 58 Brookside Crescent. The Applicant has agreed to prepare revised front and side elevation plans and provide these to Planning staff in advance of the April 20, 2021 Committee of Adjustment meeting. When received, the plans will be provided to the interested residents and will be provided to the Committee of Adjustment members. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. CONSULT — Planning Staff held a Zoom meeting on April 12, 2021 with 3 residents. An invitation was sent to all residents that participated in this application or registered as a delegation at the March meeting. PREVIOUS REPORTS/AUTHORITIES: On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. Consent application B2018-025 was approved in 2018. Consent application B2020-047 was deferred by the Committee of Adjustment on December 8, 2020 and again on February 16, 2021 to allow time for the applicant to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. An updated HIA, prepared by CHC Limited and dated January 21, 2021 has been submitted to Heritage Planning staff. The HIA was considered by Heritage Kitchener on March 2, 2021. The only comment raised by the committee was their interest to ensure that new buildings would fit with the character of the neighbourhood. Consent application B2020-047 was deferred by the Committee of Adjustment on March 16, 2021 to allow additional time for the applicant to prepare elevations drawings for the proposed dwelling and have them reviewed by staff and the neighbourhood. Planning staff held a Zoom meeting on April 12, 2021 with 3 residents. An invitation was sent to all residents that participated in this application or registered as a delegation at the March meeting. Dianna Saunderson From: Christine Laderoute Sent: Wednesday, April 14, 2021 11:40 AM To: Dianna Saunderson Subject: [EXTERNAL] 50 Brookside Good morning Dianna, I've been asked to send the following information to you to pass on to the other members of the committee as more proof of the age of the garage from the owner prior to the Federaus, who actually had FischerHallman Road named after them. The second is a letter to the editor from another unhappy Kitchener resident. Thanks for your time! Christine Laderoute Brookside Crescei has historic signify Sun., March 28, 2021 (D 1 min. re Forest Heights residents protected — March 20 With interest, I read this ar Monteiro,, The two-storey stone hous( 2 Another Fischer farm, that of Charles Fischer, the oldest sore of George W. Fischer, was opposite Forest Heights Collegiate and the swimming pool on Fischer -Hallinan Road. The road was named Fischer Road because of those two Fischer farms.. Later on, the Fischer Road was joined with the Waterloo part of Hallman and became Fischer -Hallman Road. The homestead of 50 Brookside Crescent originally hada stone bale coven and a stone smokehouse, The old farmhouse still stands and, based on its historical past, is definitely a heritage home including its garage. The homestead has already been altered and in my opinion the historical features should be protected. Gerald A. Ftscher4aterlao 3 vVa[�rlo� _ Lc{+'ctve historic 1101110 '.dile Re; Forest He gtft resi&,nts want Ve-age! pfolided — Mamb 20 I just mad about the 'historic qJ')O e � it - Forest Heigt,tq and I'm so arlgr ai�u he r When nand lliswife u tt home around the corner iroaT' it. I - minded him tit itwas the hoarse l 1 to waw by in Lhe rate 1980s wheat �"Y kid` were smaU, jwt to lcw3k at it_ it VM the most beaaxtif ii home I had ever Seen* and I dreanied of living there, Then recently my son mentioned to Zile that a builck. 19 was going og besido it and that I woWd he upset about it. I was. Not only girl someone. just Squeeze a building in there, they ue -d ill a very ugly one at tLtt, Ncrw they unit to do it main_ -M Mt is 1 ie matter ixdth city 113U? They C2Wt possibly nee the extra groperCy Wes fmm it. Thet-e are so ninny high- rises, goiing up to add to the coffers, City hall, Y implore you to not aow fiffther bLffldj,rig oo LIlis propefty Tile Owner should bLCV a home t; lat LS alreadya duplex nd mi kc Molleythem r1ease leave the streetscape alon oU Btrxulside Cmsoent. wortita Errisfie Waterloo Sent from my Whone Staff Report ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: March 5, 2021 REPORT NO.: DSD -2021-23 SUBJECT: Consent Application B2020-047 50 Brookside Crescent Owner —Michael Krause Applicant - Michael Krause RECOMMENDATION: That Application B2020-047 proposing to sever a lot with a width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres, be approved subject to the following conditions: That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 3. That the Owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $7452.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (16.2m) at a land value of $9,200 per frontage meter. 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: 1. The Owner shall prepare a Tree Preservation/Enhancement 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, tree removal or the issuance of building permits. Such plans shall *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. ll. 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 Preservation/Enhancement 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. Ill. Prior to the Application for and Issuance of any Building Permits: a) The designating by-law shall be amended to reflect the new delineated property boundary. b) The Owner shall implement the mitigation measures, including front yard setback, building height, dwelling and garage design, materials, and colours, related to the proposed new dwelling on the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018, the Heritage Opinion letter, prepared by CHC Limited, dated October 26, 2020, and the updated Heritage Impact Assessment, prepared by CHC Limited, dated January 21, 2021 to the satisfaction of the City's Director of Planning. c) 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 CHC Limited, dated March 14, 2018, the Heritage Opinion letter, prepared by CHC Limited, dated October 26, 2020, and the updated Heritage Impact Assessment, dated January 21, 2021 for approval by the City's Director of Planning. d) The Owner shall design and construct the dwellings in accordance with the approved plans, to the satisfaction of the City's Director of Planning. 5. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of all new service connections and the removal of redundant services to the retained lands. 6. That the Owner make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 7. That the Owner provides a servicing plan, showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 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 for the retained lands. 9. That 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, at the cost of the Owner 10. That the owner/applicant submits the Regional consent review fee of $350.00 per new lot created. REPORT HIGHLIGHTS: The application is requesting to demolish the existing detached garage and sever the property to create a new lot for a semi-detached dwelling. The existing dwelling on the retained lands is proposed to remain. The proposed severed lands have a lot width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres. The retained lot is proposed to have a lot width of 30.4 metres (at the street line), a depth of approximately 43 metres and a lot area of approximately 1490 square metres. Location Map BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. REPORT: Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. 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. Low density residential uses, including single detached, duplex, and semi-detached dwellings are permitted. The Official Plan supports an appropriate range, variety and mix of housing types and styles, densities, tenures and affordability to satisfy the varying housing needs of our community through all stages of life. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. A semi-detached dwelling is a permitted in the R-4 zone and no variances are required for the proposed development. 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 both the severed and retained lands can be serviced with independent and adequate service connections to municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. City Planning staff conducted a site inspection of the property on November 20, 2020. Photo of Subject Property Building Comments: The Building Division has no objections to the proposed applications provided a qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. A separate building permit will be required for the removal of the addition to the retained house. A separate building permit will be required for the construction of the new residential building. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot — a building permit will be required for this work. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. Consent application B2018-025 was approved in 2018. The submission and approval of a Heritage Impact Assessment (HIA) was made a requirement of the processing of Committee of Adjustment application B2018-025 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. The HIA, prepared by CHC Limited and dated March 14, 2018, was approved by the Director of Planning in April 2018 following consultation with Heritage Kitchener. The HIA concludes that the original c. 1855 farmhouse with its summer kitchen wing is a heritage attribute of the property. The HIA concludes that the rural and agricultural context of the property has been lost and that views of the farmhouse from either direction are not long and wide, and do not form part of a terminating vista. Heritage Planning staff continues to agree with the conclusions of the HIA and it remains the opinion of Heritage Planning staff that the size of the lot is not a heritage attribute. The HIA recommends mitigative measures to address impacts to the streetscape and neighbourhood context. The HIA, prepared by CHC Limited and dated March 14, 2018, also outlines a potential future consent application to sever the western portion of the property. Consent application B2020-047 proposes to sever the western portion of the property. The HIA comes to the same conclusions and recommendations for the severance of the western portion of the property as it does for the eastern portion of the property. A Heritage Opinion letter, prepared by CHC Limited and dated October 26, 2020 has been submitted with consent application B2020-047. The Heritage Opinion details that the creation of semi-detached lots on the western portion of 50 Brookside Crescent will not create a negative impact to the heritage resource, so long as the recommendations of the HIA, prepared by CHC Limited and dated March 14, 2018 are adhered to. The Heritage Opinion letter goes on to reaffirm that the 201h century outbuildings and the additions, do not meet the criteria for designation under the Ontario Heritage Act and are not heritage attributes of the property. Consent application B2020-047 was deferred by the Committee of Adjustment to allow time for the applicant to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. An updated HIA, prepared by CHC Limited and dated January 21, 2021 has been submitted to Heritage Planning staff. It provides additional evidence to support the conclusion that the detached stone garage is not original to the farm and was constructed sometime after 1955. The HIA was considered by Heritage Kitchener on March 2, 2021. The only comment raised by the committee was their interest to ensure that new buildings would fit with the character of the neighbourhood. The appropriate tools to continue conserving the farmhouse include implementation of the mitigative measures and recommendations of the updated HIA through conditions. The following consent conditions have been prepared to ensure the continued conservation of the farmhouse. Heritage Planning staff recommends the following conditions: 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: The Owner shall prepare a Tree Preservation/Enhancement Plan for the Severed lot 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. Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: b) The Owner shall implement all approved measures for the protection of trees as approved in the Tree Preservation/Enhancement 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. III. Prior to the Application for and Issuance of any Building Permits: e) The designating by-law shall be amended to reflect the new delineated property boundary. f) The Owner shall implement the mitigation measures, including front yard setback, building height, dwelling and garage design, materials, and colours, related to the proposed new dwelling on the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018, the Heritage Opinion letter, prepared by CHC Limited, dated October 26, 2020, and the updated Heritage Impact Assessment, prepared by CHC Limited, dated January 21, 2021 to the satisfaction of the City's Director of Planning. g) 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 CHC Limited, dated March 14, 2018, the Heritage Opinion letter, prepared by CHC Limited, dated October 26, 2020, and the updated Heritage Impact Assessment, dated January 21, 2021 for approval by the City's Director of Planning. h) The Owner shall design and construct the dwellings in accordance with the approved plans, to the satisfaction of the City's Director of Planning. 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. Where a storm sewer connection is not proposed alternative sump pump discharge arrangements should be made. The applicant is advised to have their Engineer locate and expose water and sanitary services to confirm they do exist, the size, and condition. 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 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 Trevor Jacobs (trevor.jacobs@kitchener.ca). 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 all 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 a forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as new development lots will be created. The cash -in -lieu dedication required is $7,452.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (16.2m) at a land value of $9,200 per frontage metre. Environmental Planning Comments: A Tree Preservation/Enhancement Plan for the Severed lot is required 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. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. CONSULT — Planning Staff received emails and a petition regarding the historical significance of the existing garage building. As noted in the Heritage Comments section above, Heritage Planning Staff required an updated HIA that provided additional evidence to support the conclusion that the detached stone garage is not original to the farm and was constructed sometime after 1955. The HIA was considered by Heritage Kitchener on March 2, 2021. PREVIOUS REPORTS/AUTHORITIES: On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. Consent application B2018-025 was approved in 2018. Consent application B2020-047 was deferred by the Committee of Adjustment on December 8, 2020 and again on February 16, 2021 to allow time for the applicant to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. An updated HIA, prepared by CHC Limited and dated January 21, 2021 has been submitted to Heritage Planning staff. The HIA was considered by Heritage Kitchener on March 2, 2021. The only comment raised by the committee was their interest to ensure that new buildings would fit with the character of the neighbourhood. Staff Report ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: February 5, 2020 REPORT NO.: DSD -21-033 SUBJECT: Consent Application B2020-047 50 Brookside Crescent Owner/Applicant — Michael Krause RECOMMENDATION: That Application B2020-047 proposing to sever a lot with a width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres, be deferred to the March 16, 2021 Committee of Adjustment meeting. REPORT HIGHLIGHTS: The application is requesting to sever a new lot with a width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres. The Owner is proposing to demolish the existing detached garage and sever the property to create a new lot for a semi-detached dwelling. The existing dwelling on the retained lands is proposed to remain. The retained lot is proposed to have a lot width of 30.4 metres (at the street line), a depth of approximately 43 metres and a lot area of approximately 1490 square metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Severance Sketch Excerpt provided by the Applicant Location Map F4<FC5ED .5 57GRU j -!s STOREY r. 52. A64VI- WE NfA94'W7E —wt 1~ C, BROOK IDE CRf -SCEIV T SARITAaY SEVERANCE PROPOSAL 82-54 BRWKSIDC CRESCENT. KITCHENER • � I I C�•C TODER 2020) Severance Sketch Excerpt provided by the Applicant Location Map F4<FC5ED .5 57GRU j -!s STOREY r. NfA94'W7E —wt 1~ C, BROOK IDE CRf -SCEIV T SARITAaY SEVERANCE PROPOSAL 82-54 BRWKSIDC CRESCENT. KITCHENER • � I I C�•C TODER 2020) Severance Sketch Excerpt provided by the Applicant Location Map BACKGROUND: The subject property is designated Low Rise Residential in the City's Official Plan and identified as Community Area on the City's Urban Structure Map. The subject lands are zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. On December 8, 2020, the Committee of Adjustment deferred this application (82020-047) to the Committee of Adjustment meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. REPORT: Planning Comments: Planning Staff is recommending this application be deferred again to the March 16, 2021 Committee of Adjustment meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. This additional deferral is proposed to allow time for Heritage Planning Staff to bring this application forward to Heritage Kitchener for discussion on March 2, 2021. City Planning staff conducted a site inspection of the property on November 20, 2020 Foreground - Existing Detached Garage proposed to be demolished Background — Existing Dwelling to be retained 50 Brookside Crescent STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: On December 8, 2020, the Committee of Adjustment deferred this application (82020-047) to the Committee of Adjustment meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. Staff Repod KN- 16 URENER Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 8, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 7 DATE OF REPORT: November 30, 2020 REPORT NUMBER: DSD -20-212 SUBJECT: Application B2020-047 50 Brookside Crescent Owner/Applicant — Michael Krause Defer Subject Property: 50 Brookside Crescent Staff Report KN NEx Development Services Department wwwkitchener.ca Background: On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. Report: The Owner is now proposing to demolish the existing detached garage and sever the property to create a new lot for a semi-detached dwelling. The existing dwelling on the retained lands is proposed to be retained. The proposed severed lands have a lot width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres. The retained lot is proposed to have a lot width of 30.4 metres (at the street line), a depth of approximately 43 metres and a lot area of approximately 1490 square metres. Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. Planning Staff is recommending this application be deferred to the February 16, 2021 meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. City Planning staff conducted a site inspection of the property on November 20, 2020 r li■fy''R` �� � � S � f i Q "", e tiRr 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 N2G 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 November 26, 2020 Re: Comments for Consent Applications B2020-045 to 62020- 048 Committee of Adjustment Hearing December 8, 2020 CITY OF KITCHENER B2020-045 145 and 155 Ann Street Karen McKiel and William Finlay The owner/applicant is proposing to sever two adjacent part lots municipally known as 145 and 155 Ann Street. These properties merged on title previously and the owner/applicant wishes to sever the 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. Water Services: Regional Staff advise that he 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: Document Number: 3474109 Version: 1 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-046 50 Fifth Avenue Amarjit Singh 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. 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. Noise: The proposed severed and the retained lots are located within 200 metres of a high traffic & high speed King Street Bypass and within 500 metres of Conestoga Parkway (Highway 7/8) and would have impacts from transportation noise sources in the vicinity. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: a) The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air- conditioning. b) The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) 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)." ii. "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 Document Number: 3474109 Version: 1 allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air-conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) 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)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." Document Number: 3474109 Version: 1 B2020-047 50 Brookside Crescent Michael Krause The owner/applicant is proposing a severance to permit a semi-detached dwelling. 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. B2020-048 53 Candle Crescent William Shafer The owner/applicant is proposing an easement over a portion of 53 Candle Crescent in favour of part of 55 Candle Crescent to permit legal access to the rear yard. The Region has no objection 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, Matthew Colley, Planner Document Number: 3474109 Version: 1 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 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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_grand river. 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 50 Brookside Crescent — Proposed Severance to Create 52/54 Brookside Crescent Petition Some of the residents of Brookside Crescent are concerned about what is happening with the property at 50 Brookside Crescent. We were not in the know about what was happening when the property was severed and a duplex constructed on the east side. Now, we are concerned about the severance of the lot and the construction of semis on the west side. We maintain that the detached garage should be part of the heritage designation that goes along with the farmhouse. This building used to be the smokehouse and is an original building. It was refurbished in the 70s, not constructed then. The coachhouse (at the back of the property) is not original and was constructed in the late 80s by the Madill family. We need to clarify the existing stone "storage" building (as per the plan) on the lot of the heritage home as it is currently being used as a rental unit. It is now occupied by a tenant. Is this compliant? Garett Stevenson from Planning is looking into this for us. As per the HIA, what outbuilding is being protected under the heritage designation along with the house and summer kitchen wing? Is it the storage building (coachhouse) that is to remain and the garage to be demolished? We think that is backwards as we know the coachhouse was built in the late 80s and the smokehouse/detached garage was an original structure. Unfortunately, there was no building permit obtained to build this. The owner at the time (Bruce Madill) stated that to the owner of 58 Brookside (Ken Secrett) when he was building it. It is the detached garage out front that is original. Our question would be why would anyone build a smokehouse in the 70s in the middle of a subdivision? It was already there, and merely refurbished in the 70s. The City registrar says the Federaus bought in 1972, but they were already there well before that. As per Mary Federau: "My parents bought the farm on April 1, 1956 from the Reier family. I have the purchase offer to my parents by Dutchman homes in 1964. Costain bought the property from Dutchman Homes before 1971." OFFER TO PURCHASE t_ eg7p,"Ja M. t Llrllt[d. 9�# �4Mry t'LUF1Y irk kpr�r.��. �— ti[Omod P M EL�EILMUr _ .t#n L-10trMnef I+eveniar ■7SOMMIL � if xrrihc,uarerX fIi�raG.�, sei al.Mw�1BNT~0110 SRjipturW t0thbwl S rt 'SID Waso4&CI' iris, r,rri �yrryg I« tgas La.rMal fCf4il i1 darrllyd In d -W rylsccrlW IP thr -Kwq}IsewV ID fa s toK� #rrrq pIN'TLIan Of tM Count of Mrtarioo, in S-14 n tai fwazrlbrp of �IilrCrrloo. list' *ran-'�ri r acres oil lend on which 1 a oa t -461 - the ,Vedcw i• farm hosris"MQh shut' 4■ Fr L40 'MEd tae e;I hk f�ba�4. 7 11 r �44� yrs & f put a Flop of lAbdivI tIono PFICO GI at r�iwD&&& az rrlrtl mous----.t. 00.110a U&JI&P6 -or lawFwl 1. !t Liit irlai �B, klu of I,PaFerdl76 ux■ altti hwoks Ich fo.-� rwWs Or 4k6■ o#Ise u I'Me i 8 d�J IMI IO.Fp! °�' Y7 `.,.I h►hr t1t1h r IT4ir}aI .."-d Mj "A ,rel m � .ate « T1 f— 1r areM 1Ye n.'. ae ww;e.isr .Ll—"11«� a �? . M •eaee■w� M rI � gam., W1.�:..,�,„ e yl -E F .—.e..¢ F-1— iY+.+, -. f7j ��k —sn -N- 4w Rus kr9w■i'w m i- �v anlQas 9— " r+,, eu�reircx �wp,�# k.IHITtCh NCE OF OFFER From Henry Federau: "When they (my parents) bought the farm in 1956, it was a standalone building as most smoke houses were. The original farm was much different than the pictures we have sent you - more like the old style farm buildings made of wood so smoke houses were always separate from that. The closest building to it was a driving shed and then the main barn past that. Unfortunately, there was a fire in the main barn caused by a tractor parked in there and being too hot. The main building and the drive shed were burned by the fire but not the smokehouse... because it was closer to the house. Ironic actually since it was a ''smokehouse''. u 4 Top building — House, middle building — garage/driving shed, front building — barn. The driving shed was built onto the smokehouse. Above picture 1962, no coachhouse, but does show detached garage. i "loom ►` •mow s s 'i'1���,r+,}[��.i/lll�f�'f. 'J'r°rf'��✓'//#' � l'2}f/'/Ill _.� .aj+r..— s. w. usw exe. nc. Y'4arCh :. Kr. Leo FOder6u, anani.2 Lan4 Kitchener, &ntYaria. Lear Mr. F-0deraU- 1 Apparent enol v tree e Y t you by the er �x l is $Uopvsed to be ecaarplat2d on the lot Q1` April* vt co4rse, is a Sunday no that it Will probably be a day or tura later bef are the be cl gated in the meantime i afl enclosir,,, a gLa-�Iement 'jf =ti9 s;mv zs - = NauQ� rurriived fl am {eiar�a splizitars 'q"(3w' �auv+�nt R :. will e to y is C-gSh when the deal it na-.I,L let. me kno what E9t'r atl �mert 11" ars saki . r. ... L�iartg ago maney .`'�a t i:, �,ur yoke. ::I-% EIGL.5. Yours truly. Lt i1 GER & PARTIN, Far: —T :.. #....r�{ . Reier family sold to Federau family in 1956. I- �-­�F­.JW•'­.O- AWes•-.P- '0' IJ Mid 1980's, angle from 58 Brookside clearly showing no coachhouse in the backyard of 50 Brookside From Henry Federau: "Beside the house on the left hand side there is not a building in where we always had a large vegetable garden. Whatever building that is there now was put in after my dad sold the house. The old smokehouse / garage is under the shed roof in front of the house to the left." If you have any questions, please contact any of the following. They lived at 50 Brookside Crescent. Helen Federa� Henry Federau Mary Federau In the package that was received from Victoria Grohn, Planning, on page 2, it is stated at the bottom that "the owner has indicated that the proposed semi-detached units will be designed and constructed in a style and manner similar to the duplex residence being constructed now to ensure compatibility with the retained house lot and adjacent residential properties". We do not need another structure similar to the new build in the neighbourhood. The duplex is squished in beside the house next to it and sticks out further than the other houses on the street, impeding their sight lines. As we believe the current owner of 50 Brookside does not recognize the heritage or historical value, we need to preserve our street scape. In our opinion, the current new build diminishes the historical heritage of the farmhouse, does not enhance the character of the neighbourhood, and is not compatible with the other houses in the vicinity. The neighbour on the east side of the new build is very distressed about the style of the new build as it has hindered her sight lines and the height is also questionable... in the planning information the official plan designation is "low rise residential". If the new build is approved, how much input do the surrounding neighbours have on the style of the new build? We need to question the height, setback and building elevation of proposed new build, sufficient parking, etc. The proposed plan indicates a setback of 6.0 m (approx. 20 feet). 58 Brookside extends approx. 30 feet which means the new proposed build would extend 10 feet beyond, impeding sight lines at 58 Brookside. In the cHc letter dated October 26, 2020, it is recommended new construction be limited in height to 1 or 1 1/2 storeys. The current new build (under construction) is 2 stories as it is a duplex. The City of Kitchener Official Plan 3.4 notes "the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form". Is this not contradictory to having similar type houses on the street? Additionally, in the original letter and copy letter from the Progressive Services Ltd. both dated October 29, 2020, there is a discrepancy regarding the zoning. The original letter indicates the proposed housing units will abide by the required setbacks under the R-5 zoning but the copy letter refers to the setbacks under R-4 zoning. The dimensions are the same for both zoning. In conclusion, we are asking that the Heritage Committee please reconsider the detached stone garage and grant it the same heritage designation as the farmhouse based on all of this information. We are requesting that 50 Brookside Cres be removed from the agenda of the Committee of Adjustment meeting that is currently scheduled for Tuesday December 8 while a possible heritage designation is revisited. Thank you, Concerned citizens of Brookside Crescent Luanne and Rob Geisel M Brookside Crescent Berto Marques M Brookside Crescent Ken and Rose Secrett M Brookside Crescent Larry and Sharon Koehler M Brookside Crescent Garry and Kay Cox M Brookside Crescent Bob & Kim Snider M Brookside Cres Brian & Pauline Horn M Brookside Cres Sherri & Mark Levair M Brookside Cres Temeshwar Arjuna M Brookside Cres Lynn Vannatter M Brookside Cres Oliver Fox M Brookside Cres Timo Vainionpaa M Brookside Cres Sheryl Tarnaske M Brookside Cres Helen Federau Henry Federau Mary Federau i Staff Report �T R Dbvelopr7ent Services Department www.kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: April 11, 2021 REPORT NO.: DSD -2021-053 SUBJECT: Consent Application B2021-011 Minor Variance Application A2021-033 Fairway and Woolner Trail Owner — Grand River Conservation Authority (GRCA) Applicant — Kevin Muir, GSP Group RECOMMENDATION: That Minor Variance Application A2021-033, requesting a lot area of 6.9 hectares whereas 40 hectares is required, and requesting a lot width of 150 metres whereas a minimum lot width of 300 metres is required, be approved, and further, II. That Application B2020-011 proposing to sever a parcel that is approximately 6.92 hectare (17.1 acre) in size, be deferred to the April 20, 2021 Committee of Adjustment meeting, be approved subject to the following conditions: That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. The owner/applicant is required to enter into an agreement with the Regional Municipality of Waterloo to complete a detailed environmental/stationary noise study prior to Site Plan approval for the severed lands and, if necessary, enter into a further supplementary agreement to secure implementation of the recommendations of the noise study. 3. Notwithstanding Regional Condition 2 above, that prior to final approval, the owner/applicant shall enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 4. That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 5. That prior to final approval, the owner/applicant shall enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. 6. That Minor Variance application A2021-033 receive final approval. REPORT HIGHLIGHTS: The application proposes to sever a parcel that is approximately 6.92 hectares (17.1 acres) in size from a larger parcel of lands owned by the Grand River Conservation Authority (GRCA), for the purposes of sale to the Waterloo Catholic District School Board. In 2010, the GRCA Board declared this portion surplus to the Authority's objectives and directed GRCA staff to proceed to prepare the sale of this site. The minor variance application is requesting a lot area of 6.9 hectares whereas 40 hectares is required, and a lot width of 150 metres whereas a minimum lot width of 300 metres is required, for the severed lands. Planning staff reviewed a submission made to the Committee of Adjustment at the March meeting from an adjacent land owner with some concerns that include access onto Fairway Road, increased traffic volumes and congestion on Woolner Trail, type of fencing to demarcate the school site, building orientation on the subject property, and insurance coverage implications at the Woolner Farmstead. With regard to access and transportation, a Transportation Impact Study (TIS) will be required as part of the complete application for the future Official Plan and Zoning By-law Amendment. This study will include a review of the proposed accesses, as well as traffic implications for the proposed school. Details regarding fencing and building orientation will be addressed through the future site planning process and will be in compliance with the approved Heritage Impact Assessment which makes recommendations on lighting, fencing, and landscaping. Following the March meeting, Planning staff emailed the four registered delegations and only heard back from one resident who expressed support of the applications. Location Map BACKGROUND: The proposed severed lands are designated as Mixed Use and Low Rise Residential in the Official Plan and identified as a Neighbourhood Node and Community Area on the City's Urban Structure Map. The proposed served lands are zoned as Agricultural Zone (A-1) with Special Use Regulation 69U (which permits a pit) and Regulation 1 R (GRCA regulation). The proposed retained lands are designated as Natural Heritage System in the Official Plan and identified as a Green Area on the City's Urban Structure Map. The proposed retained lands are zoned as Hazard Land Zone (P-3). REPORT: Planning Comments: 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 The planned function of a Community Node is to provide for commercial uses with a mix of residential and institutional uses necessary to support and complete surrounding residential communities. Community Nodes primarily serve an inter -neighbourhood market and are intended to intensify, be transit -supportive and cycling and pedestrian -friendly. The severed lands are designated as Low Rise Residential and Mixed Use. The predominant land use within the Low Rise Residential designation is residential but it is intended that complementary non-residential land uses may be permitted subject to any locational criteria and the appropriate zoning being in place. The City will encourage and support complementary non-residential land uses to be mixed with residential uses at a scale and in appropriate locations within low density residential areas. Lands designated as Mixed Use are planned to achieve an appropriate mix of commercial, residential and institutional uses. Permitted non-residential uses may include institutional uses such as daycare facilities, religious institutions, and educational establishments. The proposed severed lands, with the reduced lot width and lot area, are appropriately sized and well suited for a planned school use. It is staff's opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of the large lot width and area regulations is to ensure that large parcels of lands within A-1 zone are suitable for Agriculture; Equine Boarding Service; and Riding Stable or Riding Academy uses. The A-1 zone also permits smaller parcels, with much smaller lot areas and low widths, for uses that include Canine or Feline Boarding, Breeding or Grooming; Sales, Rental, Storage, Repair or Service of Tool and Farm Equipment; Single Detached Dwelling; and Veterinary Services. The general intent of the Zoning By-law is maintained as the severed and retained lands are not designated as Rural or Prime Agriculture in the Official Plan and are not planned for agricultural or farm related uses. Is the Variance Minor? The requested variance is minor. The size and shape of the proposed severed lands are appropriate and suitable for the proposed use of the lands, and the future land use applications will address site specific issues associated with a school use. Is the Variance Appropriate? The requested variance is appropriate. The severed lands are appropriate for a future school use and the retained lands are not planned for development and are proposed to be preserved as part of the Kitchener natural heritage system policies. Severance Application With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The retained lands are identified as part of the Natural Heritage System. The Natural Heritage System includes all the natural heritage features which have been identified by the Kitchener Natural Heritage System Technical Background Report for protection, conservation, restoration and/or enhancement. The objective of the Natural Heritage System is to provide for the protection, conservation, restoration, or enhancement of the ecological functions, hydrological functions and biodiversity. A future zoning By-law Amendment and a site plan application will be submitted by the WDCSB for the severed lands. The size and shape of the proposed severed lands are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and the severed lands can be serviced with municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. City Planning staff conducted a site inspection of the property on February 26, 2021. r h - zinALIilly Photo of Subject Property — View from Fairway Road Photo of Subject Property — View from Woolner Trail / Fairway Road Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services will require the installation of a concrete sidewalk or multi -use trail along Woolner Trail through the site plan process. Therefore, there will be no requirement for funds for future sidewalk along the Woolner Trail frontage of the severed portion of the property. Heritage Comments: The vacant property at the south east corner of Fairway Road and Woolner Trail is located adjacent to 80 Woolner Trail, which is designated under Part IV of the Ontario Heritage Act. The submission and approval of a Heritage Impact Assessment (HIA) was made a requirement of the processing of the consent to sever 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 McCaIlumSather dated February 2021 was submitted and scheduled for comment by the City's Heritage Kitchener committee on Tuesday, April 6, 2021. A brief introduction to proposed consent application was provided by heritage planning staff, and an overview of the HIA was provided by the heritage architect from McCaIlumSather. Members had questions about the vegetation on the shared, or in close proximity to, the shared property line; the views from Fairway Road North to 80 Woolner Trail; and, the awareness and/or comments of the adjacent landowner at 80 Woolner Trail. A final HIA prepared by McCaIlumSather dated April 2021 was submitted and concluded that the proposed severance will not have direct impacts on the adjacent Part IV designated heritage property. Further, the HIA concluded that the existing built heritage resources at the adjacent Part IV designated heritage property will be retained. The HIA recommends the following conservation measures be addressed as part of the Site Plan Review Committee process: (1) that a lighting plan be reviewed to ensure no undue impact to the cultural heritage resources at 80 Woolner Trail; (2) that a fence be provided on the subject property, or the shared property lines, along the south and west boundaries of subject property that are adjacent to 80 Woolner Trail; and (3) that a tree and vegetation inventory may be required if the above noted fence is proposed to be located on, or in close proximity to, the shared property lines. Heritage Planning staff agrees with the conclusions of the HIA and recommend that the appropriate tool to conserve the cultural heritage value and interest/heritage attributes of the adjacent Part IV designated heritage property at 80 Woolner Trail is the Site Plan Review Committee process. The applicant will be required to address lighting, fencing, and tree/vegetation as part of the Site Plan Review Committee process. Based on the above comments, Heritage Planning staff has no concerns with the proposed consent subject to implementation of the conservation measures and recommendations of the approved HIA as part of the Site Plan Review Committee process. The HIA was approved on April 9, 2021 by the City's Director of Planning. 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 service connections that may be required to service this property. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (eric.riek@kitchener.ca). Any new driveways are to be built to City of Kitchener or Region of Waterloo (depending on driveway location) standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division. 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. All Engineering conditions will be addressed through the future site planning process. Operations Comments: As per section 3.2.8 of the current Parkland Dedication Policy, the applicant is exempt from parkland dedication requirements. Any changes to the current application may require a revised parkland dedication. Environmental Planning Comments: Environmental Planning has no concerns as the lands designated Natural Heritage Conservation will be retained by the GRCA and a Tree Preservation / Enhancement Plan can be submitted with the Zoning By-law Amendment application. Regional Comments: Noise Regional Staff notes that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff notes that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off-site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. The owner/applicant is required to enter into an agreement with the Regional Municipality of Waterloo to complete a detailed environmental/stationary noise study prior to Site Plan approval for the severed lands and, if necessary, enter into a further supplementary agreement to secure implementation of the recommendations of the noise study. Notwithstanding these requirements for the severed lands, Regional Staff requires the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition: Regional Staff note that a Record of Site Condition (RSC) for the Parts 1 and 3 on the draft Reference Plan provided for the subject development will be required as part of the Zoning By -Law Amendment application. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo as part of the Zoning process. Easements: Regional Staff note that the pre -submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection: Regional Staff note that a Salt Management Plan was identified as part of the pre -submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning: The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in thevicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. 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 service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 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. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff note there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning: Regional Staff note there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff note there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. The Region has no objection to the proposed application, subject to the following conditions: 1) The owner/applicant is required to enter into an agreement with the Regional Municipality of Waterloo to complete a detailed environmental/stationary noise study prior to Site Plan approval for the severed lands and, if necessary, enter into a further supplementary agreement to secure implementation of the recommendations of the noise study. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: i. "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: On March 16, 2021, Severance Application B2020-011 was deferred to allow for the submission of a minor variance application for lot width and lot area, to allow the Heritage Impact Assessment to be scheduled for the April 6th Heritage Kitchener advisory committee meeting in advance of the final condition of these applications, and to allow additional time to discuss Regional comments to determine if some requirements are best deferred to future development applications. On April 6, 2021, the Heritage Impact Assessment was presented to the Heritage Kitchener advisory committee for comment. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT March 18, 2021 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Updated Regional Comments for Consent Applications B2021-011 Committee of Adjustment Hearing April 20, 2021 CITY OF KITCHENER B2021-011 Fairway Road and Woolner Trail Grand River Conservation Authority The owner/applicant is proposing to sever a surplus 6.92 hectare portion of land from the larger GRCA parcel (17.4 hectares) for the conveyance of a new school site for the Waterloo Catholic District School Board. Regional Staff note that a formal pre -submission meeting for an Official Plan Amendment, Zoning By -Law Amendment and Consent were issued in January 2019 for the development of the subject lands. Requirements identified at this pre -submission are being secured via the consent process as applicable. Noise: Regional Staff note that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff note that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off- site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. The owner/applicant is required to enter into an agreement with the Regional Municipality of Waterloo to complete a detailed environmental/stationary noise study prior to Site Plan approval for the severed lands and, if necessary, enter into a further supplementary agreement to secure implementation of the recommendations of the noise study. Notwithstanding these requirements for the severed lands, Regional Staff require the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition: Regional Staff note that a Record of Site Condition (RSC) for the Parts 1 and 3 on the draft Reference Plan provided for the subject development will be required as part of the Zoning By -Law Amendment application. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo as part of the Zoning process. Easements: Regional Staff note that the pre -submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection: Regional Staff note that a Salt Management Plan was identified as part of the pre- submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning: The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. 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 service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 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. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff note there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning: Regional Staff note there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff note there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Requirements: Traffic Impact Study (TIS) /Access Regulation: Regional Staff note a Transportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findings of the TIS report. A pre -study meeting with Regional & the City staff will be required to discuss the scope of the study. Detailed guidelines for Transportation Impact Study are available at: https://www.regionofwaterloo.ca/en/living-here/resources/Design- Standards/Transportation-I m pact -Study -Guidelines. pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements. All costs related with the private entrance(s) will be owner's responsibility. Agreement to provide funds for any works related with the private entrance(s) will be required. Access Permit: Regional Staff will require a Regional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff. Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Perm it -Application Site Grading and Stormwater Management: Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. Regional Staff note it is the responsibility of the owner/applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional Servicing Report: A Functional Servicing report will be required to ensure that the required services may be provided for the proposed development. Work Permit / Municipal Consent: Regional Staff note that Municipal Consent will be required for the installation of any new and update to/removal of the existing service 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, for further guidance, please visit: https://rmow. perm itcentral.ca/ The Region has no objection to the proposed application, subject to the following conditions: 1) The owner/applicant is required to enter into an agreement with the Regional Municipality of Waterloo to complete a detailed environmental/stationary noise study prior to Site Plan approval for the severed lands and, if necessary, enter into a further supplementary agreement to secure implementation of the recommendations of the noise study. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. 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, MCIP, RPP Region of Waterloo April 07, 2021 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 (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these Document Number: 3616590 Page of 2 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 C (226) 753-0368 2 Docs #3573963 April 5th, 2021 Ms. Dianna Saunderson Secretary - Treasurer Committee of Adjustment City of Kitchener City Hall, 200 King Street West Kitchener ON N2G 4G7 Dear Ms. Saunderson, Re: Item 2 - Committee of Adjustment Application B 2021-011 I am writing further to my correspondence of March 4th, 2021 (copy attached) with respect to the above noted application. I understand that the severed lot is proposed to accommodate a new Catholic School site and that the proposed severance will be considered by the Committee of Adjustment at its meeting of April 20th, 2021. 1 appreciate your sending me the notice of the Committee meeting. As mentioned in my letter of March 4th, I do have some concerns and questions related to application B 2021-011 which are shared by other residents in the Woolner Trail Community. We do feel that these matters relate directly to the severance request and should be considered by the Committee before making its decision. We would appreciate the Committee's response to our concerns. Sincerely, Dale Woolner March 4, 2021 Ms. Dianna Saunderson Secretary -Treasurer Committee of Adjustment Kitchener City Hall 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Saunderson, Re: Committee of Adjustment Application B 2021-011 appreciate your sending me the notice of the Committee of Adjustment meeting for Tuesday, March 16t' at 10 am. Although I am unable to attend this meeting, I thought that it was important to respond in writing with my comments. My interest is with regards to Application B2021-011 which deals with the vacant land on the east side of Fairway Road North at Woolner Trail owned by the Grand River Conservation Authority. While I may be in general agreement with the proposal to sever the subject land parcel, I do have some concerns and questions which are shared by other residents in the Woolner Trail Community. The concerns relate to the Catholic School proposed on the parcel of land to be severed. We have been in touch with the staff at the Waterloo Catholic District School Board regarding several issues including those outlined below. • Access onto Fairway Road • Increased traffic volumes and congestion on Woolner Trail • Type of fencing to demarcate the school site • Building orientation on the subject property • Insurance coverage implications at the Woolner Farmstead We feel that these are real and practical concerns that require attention as the school use will negatively impact out neighbourhood significantly. We appreciate the Committee's attention to our concerns. Sincerely, Dale Woolner Staff Report ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: March 8, 2021 REPORT NO.: DSD -2021-028 SUBJECT: Consent Application B2021-011 Fairway and Woolner Trail Owner — Grand River Conservation Authority (GRCA) Applicant — Kevin Muir, GSP Group RECOMMENDATION: That Application B2020-011 proposing to sever a parcel that is approximately 6.92 hectare (17.1 acre) in size, be deferred to the April 20, 2021 Committee of Adjustment meeting. REPORT HIGHLIGHTS: The application proposes to sever a parcel that is approximately 6.92 hectares (17.1 acres) in size from a larger parcel of land owned by the Grand River Conservation Authority (GRCA), for the purposes of sale to the Waterloo Catholic District School Board. In 2010, the GRCA Board declared this portion surplus to the Authority's objectives and directed GRCA staff to proceed to prepare the sale of this site. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The proposed severed lands are designated as Mixed Use and Low Rise Residential in the Official Plan and identified as a Neighbourhood Node and Community Area on the City's Urban Structure Map. The proposed served lands are zoned as Agricultural Zone (A-1) with Special Use Regulation 69U and Regulation 107R (site specific regulations for the former pit operations). The proposed retained lands are designated as Natural Heritage System in the Official Plan and identified as a Green Area on the City's Urban Structure Map. The proposed retained lands are zoned as Hazard Land Zone (P-3). REPORT: Planning Comments: While a future Official Plan Amendment, Zoning By-law Amendment, and a Site Plan application are expected to be submitted by WDCSB in future, the proposed severed lands do not meet the minimum lot width and area requirements of the Agriculture (A-1) Zone. A minor variance application is also required. The subject lands are adjacent to a cultural heritage resource. The property municipally addressed as 80 Woolner Trail is designated under Part IV of the Ontario Heritage Act, subject to a Heritage Conservation Easement Agreement, and identified as a significant Cultural Heritage Landscape in the 2014 Cultural Heritage Landscape Study. An HIA was submitted and is on the agenda for information and comment at the April 6th Heritage Kitchener advisory committee meeting. Planning staff would appreciate additional time to discuss Regional comments to determine if some requirements are best deferred to future development applications. For these reasons, Planning staff is recommending deferral of these applications to the April 20, 2021 Committee of Adjustment Meeting. Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services will require the installation of a concrete sidewalk or multi -use trail along Woolner Trail through the site plan process. Therefore, there will be no requirement for funds for future sidewalk along the Woolner Trail frontage of the severed portion of the property. Heritage Comments: The subject land located at the south east corner of Fairway Road and Woolner Trail, owned by the Grand River Conservation Authority (GRCA), is located adjacent to a cultural heritage resource. The property municipally addressed as 80 Woolner Trail is designated under Part IV of the Ontario Heritage Act, subject to a Heritage Conservation Easement Agreement, and identified as a significant Cultural Heritage Landscape in the 2014 Cultural Heritage Landscape Study. As part of the pre -submission consultation process, heritage planning staff identified the requirement for the submission of a Heritage Impact Assessment to address potential impact of the proposed official plan amendment, zone change and severance on the existing cultural heritage resource and its heritage attributes. Staff advised that the HIA may be circulated to the City's Heritage Kitchener advisory committee for information and comment. Staff recommended that the HIA be coordinated among all planning applications, especially if they are made concurrently or in close succession. An HIA was submitted electronically on February 18, 2021. The HIA is dated February 2021 and prepared by McCallumSather. Heritage planning staff were unable to schedule the HIA for information and comment at the March Heritage Kitchener advisory committee meeting as the agenda was full and had already been distributed to the public. Heritage planning staff will schedule the HIA for information and comment at the April 6t" Heritage Kitchener advisory committee meeting. The consent application (82021-011) proposes to sever a portion of the lands for the construction of a new school. Additional applications are required to facilitate the construction of a new school, including: a zoning by-law amendment and site plan. Heritage planning staff will commence review of the HIA, seek information and comments from the Heritage Kitchener advisory committee in April, and implement recommendations of the approved HIA through future planning applications. As a result, heritage planning staff has no concerns with the current consent application. 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 service connections that may be required to service this property. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (eric.riek@kitchener.ca). Any new driveways are to be built to City of Kitchener or Region of Waterloo (depending on driveway location) standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division. 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. All Engineering conditions will be addressed through the future site planning process Operations Comments: As per section 3.2.8 of the current Parkland Dedication Policy, the applicant is exempt from parkland dedication requirements. Any changes to the current application may require a revised parkland dedication. Environmental Planning Comments: Environmental Planning has no concerns as the lands designated Natural Heritage Conservation will be retained by the GRCA and a Tree Preservation / Enhancement Plan can be submitted with the ZBA. Regional Comments: Noise Regional Staff notes that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff notes that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. A detailed environmental noise study will be required to assess the impacts of transportation noise and the mitigation measures required for the proposed severed lands. The recommendations of the noise study will be implemented through an agreement with the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.Permitcentral.ca/Permit/GrouPApply?cirouPId=3 The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off-site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. Notwithstanding the requirements for an environmental/stationary noise study for the severed lands, Regional Staff require the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition A Record of Site Condition (RSC) for the proposed severed and retained lands is required prior to final approval of the subject application. This is a result of the former aggregate use on the adjacent property. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo. Easements Regional Staff notes that the pre -submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection Regional Staff notes that the owner/applicant is required to decommission all wells and/or septic systems and monitoring wells on the property in accordance with Ontario Regulation 128/03 prior to site development, to the satisfaction of the Region of Waterloo. Regional Staff notes that a Salt Management Plan was identified as part of the pre -submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. 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. The subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 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. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff notes there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning Regional Staff notes there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff notes there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Reauirements Traffic Impact Study (TIS) / Access Regulation Regional Staff notes a Transportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findings of the TIS report. A pre -study meeting with Regional & the City staff will be required to discuss the scope of the study. Detailed guidelines for Transportation Impact Study are available at: https://www.regionofwaterloo.ca/en/living-here/resources/Design-Standards/Transportation Impact-Study-Guidelines.pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements. All costs related with the private entrance(s) will be owner's responsibility. Agreement to provide funds for any works related with the private entrance(s) will be required. Access Permit Regional Staff will require a Regional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff. Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial-Access-Permit- Application Site Grading and Stormwater Management Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. Regional Staff notes it is the responsibility of the owner/applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional Servicing Report A Functional Servicing report will be required to ensure that the required services may be provided for the proposed development. Work Permit / Municipal Consent Regional Staff notes that Municipal Consent will be required for the installation of any new and update to/removal of the existing service 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, for further guidance, please visit: httas://rmow.Dermitcentral.ca/ The Region has no objection to the proposed application, subject to the following conditions 1) That prior to final approval, the owner/applicant complete a road traffic and aircraft noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic and aircraft noise levels for the severed lands and, if deemed necessary by the Region, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant complete a stationary noise study for the severed lands to determine the impact of stationary noise sources on on-site and off-site sensitive receptors; and if deemed necessary by the Region, shall enter into an agreement with the City of Kitchener or the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a Record of Site Condition for the severed and retained lands, and that a copy of the RSC and copy of the Ministry of the Environment, Conservation and Parks Letter of Acknowledgement be submitted to the Region, to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 6) That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Region of Waterloo. 7) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT March 5, 2021 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-009 to 62021- 014 Committee of Adjustment Hearing March 16, 2021 CITY OF KITCHENER B2021-009 104 Fifth Avenue Zoran Bogunovic 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. Airport Zoning: The owner/applicant is advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore the land and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 419-649-2256 ext. 8511 or KCam pbell(a)regionofwaterloo.ca 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 service in accordance with Section 13.2.4.7 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. 0011y.4 QI7i [I] 54 Third Avenue Dragan and Nina Markovic 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. 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 service in accordance with Section 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Noise: Regional Staff advise that the proposed severed and retained lots are located within 300 metres of Highway 7/8 and within 200 metres of King Street Bypass/Kingsway Drive and would be impacted from transportation noise from traffic on the highway. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) 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)." b. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP). " The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) 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)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." B2021-011 Fairway Road and Woolner Trail Grand River Conservation Authority The owner/applicant is proposing to sever a surplus 6.92 hectare portion of land from the larger GRCA parcel (17.4 hectares) for the conveyance of a new school site for the Waterloo Catholic District School Board. Regional Staff note that a formal pre -submission meeting for an Official Plan Amendment, Zoning By -Law Amendment and Consent were issued in January 2019 for the development of the subject lands. Requirements identified at this pre -submission are being secured via the consent process as applicable. Noise: Regional Staff note that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff note that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. A detailed environmental noise study will be required to assess the impacts of transportation noise and the mitigation measures required for the proposed severed lands. The recommendations of the noise study will be implemented through an agreement with the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.Perm itcentral.ca/Permit/GroupApply?groupld=3 The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off- site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. Notwithstanding the requirements for an environmental/stationary noise study for the severed lands, Regional Staff require the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition: A Record of Site Condition (RSC) for the proposed severed and retained lands is required prior to final approval of the subject application. This is a result of the former aggregate use on the adjacent property. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo. Easements: Regional Staff note that the pre -submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection: Regional Staff note that the owner/applicant is required to decommission all wells and/or septic systems and monitoring wells on the property in accordance with Ontario Regulation 128/03 prior to site development, to the satisfaction of the Region of Waterloo. Regional Staff note that a Salt Management Plan was identified as part of the pre- submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning: The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. 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 service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 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. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff note there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning: Regional Staff note there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff note there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Requirements: Traffic Impact Study (TIS) /Access Regulation: Regional Staff note a Transportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findings of the TIS report. A pre -study meeting with Regional & the City staff will be required to discuss the scope of the study. Detailed guidelines for Transportation Impact Study are available at: https://www. regionofwaterloo.ca/en/living-here/resources/Design- Standards/Transportation-I m pact -Study -Guidelines. pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements. All costs related with the private entrance(s) will be owner's responsibility. Agreement to provide funds for any works related with the private entrance(s) will be required. Access Permit: Regional Staff will require a Regional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff. Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Perm it-Aaalication Site Grading and Stormwater Management: Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. Regional Staff note it is the responsibility of the owner/applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional Servicing Report: A Functional Servicing report will be required to ensure that the required services may be provided for the proposed development. Work Permit / Municipal Consent: Regional Staff note that Municipal Consent will be required for the installation of any new and update to/removal of the existing service 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, for further guidance, please visit: https://rmow. perm itcentral.ca/ The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant complete a road traffic and aircraft noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic and aircraft noise levels for the severed lands and, if deemed necessary by the Region, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant complete a stationary noise study for the severed lands to determine the impact of stationary noise sources on on- site and off-site sensitive receptors; and if deemed necessary by the Region, shall enter into an agreement with the City of Kitchener or the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a Record of Site Condition for the severed and retained lands, and that a copy of the RSC and copy of the Ministry of the Environment, Conservation and Parks Letter of Acknowledgement be submitted to the Region, to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 6) That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Region of Waterloo. 7) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. B2021-012 140 and 142 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." b. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP). " The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." 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 service in accordance with Section 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. B2021-013 146 and 148 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." b. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP). " Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." 0011y.4 Q17i C! 172 Windale Crescent Jaspal and Manpreet Virk The owner/applicant is proposing a severance to permit the construct of two semi- detached dwellings. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Highway 7/8 and Ottawa Street South (Regional Road #04) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the Region of Waterloo, for both, the severed and the retained lands: 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. 3) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." b. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP). " Water Services: Regional Staff advise the subject property is located in Kitchener Zone 5 with a static hydraulic grade line of 407 mASL. Any development with a finished road elevation below 350.60 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) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern, and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." 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, MCIP, RPP Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca PLAN REVIEW REPORT: Dianna Saunderson I Mon City of Kitchener DATE: FILE: March 1, 2021 Severance — Fairway Road North at Woolner Trail RE: Consent Application B2021-011 Fairway Road North at Woolner Trail Waterloo Catholic District School Board GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with the application. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands contain the Grand River and its floodplain. The GRCA currently owns the property, but the purpose of this letter is to advise on the natural hazard aspect of the application. 2. Legislative/Policy Requirements and Implications: Due to the presence of the river and the floodplain, the GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area (as shown in yellow on the attached map) will require a permit from the GRCA pursuant to Ontario Regulation 150/06. The proposed severed parcel is outside of the floodplain, and more than 5 metres away from the regulatory floodplain. As such, the severed parcel would not be regulated by the GRCA, and we have no concerns with the application from a natural hazard perspective. 3. Review Fees: This application is considered a minor consent, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $430. An invoice will be sent to the applicant. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(a-)grandriver. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Attachment C. C. 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K i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: vonWesterholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Thompson, Lisa, Planning Technician, 519-741-2200 Ext. 7847 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: March 5, 2021 REPORT NO.: DSD -2021-033 SUBJECT: Minor Variance Application A2021-019 30 Waterbow Trail Owner - Milestone Developments Inc. Applicant - Patrick Haramis RECOMMENDATION: That application A2021-019 for 30 Crossbow Trail requesting relief from Section 38.2.1 to allow a minimum side yard abutting a street of 4.10 metres rather than the required 4.5 metres, Section 6.1.1.1 b) iv) to allow a driveway access to be located 7.6 metres from the intersection of the street lines abutting the lot rather than the required 9.0 metres, and Section 5.6A .4 a) to allow a non -enclosed porch to be located 2.74 metres from the lot line abutting a street rather than the required 3.0 metres be approved without conditions. REPORT HIGHLIGHTS: The application is requesting permission to construct a new single detached dwelling on a corner lot having a side yard abutting a street setback of 4.10 metres, the driveway access 7.6 metres from the intersection of the street lines abutting the lot, and a non -enclosed porch 2.74 from the lot line abutting the street. Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. T C O 4W CIL CI. V V D 0 00 IL # yall Q)aIc U L ai JJ Z Q W UUI� 4j °u x -IId,�tl1 MOHt:f31bM Building Location Sketch Fa arc Jim LA� .4 7.6m setback to driveway w 3 0 Q £ .y I 2.74m setback to porch N r (L Y rw. 4.10m setback to dwelling J �a d w r a 6 � gn i �r 1 a _ ers o f• t6L C7 3.iI.Gs.ZN Building Location Sketch Fa arc Jim LA� .4 7.6m setback to driveway w 3 0 Q £ .y I 2.74m setback to porch N r Y 4.10m setback to dwelling d w r a 6 � gn BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and is identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four (R-4) with Special Regulation 597R (geothermal wells shall not be permitted) in Zoning By-law 85-1. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a lower -density neighbourhood. The requested variances to allow a single detached dwelling with a side yard abutting a street of 4.1 metres rather than the required 4.5 metres, the driveway access 7.6 metres from the intersection of the street lines abutting the lot and a non -enclosed porch 2.74 metres from the lot line abutting a street rather than the required 3.0 metres for a new single detached dwelling will support and continue to maintain the low-density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The variances requested for the minor reduction in building, driveway and porch setback all meet the general intent of the Zoning By-law. The setback regulations in the by-law are intended to provide appropriately sized open areas on a lot creating outdoor spaces for the residents and adequate space for any exterior maintenance of the building as may be required. The resulting setback of 4.10 metres for the dwelling and 2.74 metres for the porch will ensure there is appropriate outdoor area maintained on site and will allow sufficient space for any exterior building maintenance. The driveway setback is to ensure safe functioning of the residential driveway and roadway. The driveway access at 7.6 metres from the intersecting lot lines will maintain an appropriate distance allowing vehicles to stop at the intersection without impeding access to the residential driveway. Transportation staff has no concerns with the location of the detached dwelling on this corner lot. Is the Variance Minor? In the opinion of staff, the variances are minor. The location of the dwelling at 4.10 metres and the porch at 2.74 metres from the side lot line abutting the street will not have any negative impacts on the subject property or abutting property, nor will the driveway access located 7.6 metres from the intersection. The minimal setback reduction to the dwelling and driveway will not be visually apparent and -continues to provide an appropriate separation from the intersection to ensure safe operation of the public street. In all other aspects, the new dwelling meets the zoning regulations. Is the Variance Appropriate? In the opinion of staff, the requested variances are appropriate and maintain the orderly development of the subject lands within the subdivision. City Planning staff conducted a site inspection of the property on February 26, 2021. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the single detached house is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Minor Variance Application A2021-019 was deferred from the March 2021 Committee of Adjustment meeting as an additional variance was added. There are no other reports/authorities related to this matter. Region of Waterloo April 07, 2021 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 (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these Document Number: 3616590 Page of 2 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 C (226) 753-0368 2 Docs #3573963 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: April 13, 2021 REPORT NO.: DSD -2021-056 SUBJECT: A2021-026— 11 Whitney Place Owner: Katrina Cove -Shannon Approve Without Conditions RECOMMENDATION: 1) That Minor Variance Application A2021-026, for 11 Whitney Place, requesting the following variances from By-law 85-1, to facilitate the construction of a new porch in the front yard and legalize the existing dwelling, a. Requesting a minimum front yard of 2.64 metres, whereas Section 39.2.1 requires 4.7 metres, b. Requesting a minimum side yard setback of 0.78 metres, whereas Section 39.2.1 requires 1.2 metres, and c. Requesting relief from Section 5.3 to allow a proposed front porch to encroach into the Driveway Visibility Triangle, be approved, without conditions. Figure 1. Aerial Photo of Subject Property, in Context *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of variances to facilitate the construction of two-level deck attached to the front of a single detached dwelling. • This report supports the delivery of core services. • There are no financial implications to the City. BACKGROUND: This report is being brought forward to facilitate the construction of two-level deck attached to the front of a single detached dwelling. Figure 2. View of subject property from Whitney Place REPORT: The subject property is located on the southwest side of Whitney Place, between Benton Street and Peter Street, in the Mill Courtland Woodside Park Planning Community. The property contains a single detached dwelling, constructed in approximately 1900. The immediate neighbourhood contains mainly low-density residential uses. The property is designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan and zoned R-5 in By-law 85-1. It should be noted that the property is included within the Mill Courtland Woodside Park / Rockway Neighbourhood Planning Review, which is currently underway (not yet approved). City Planning staff conducted a site inspection of the property on April 8, 2021. A 2 -level porch that appears to be in poor repair is attached to the front of the existing single detached dwelling. The subject dwelling has existed for approximately 120 years, and the front porch may have existed in the same form and location for the same amount of time, though this cannot be confirmed. The applicant is proposing to demolish the existing porch and construct a new porch on the same footprint. To facilitate the construction of the new porch, the applicant is requesting the following variances from By-law 85-1: 1. Requesting a minimum front yard of 2.64 metres, whereas Section 39.2.1 requires 4.7 metres (for the proposed front porch which is set back less than 3.Om from the front lot line), 2. Requesting a minimum side yard setback of 0.78 metres, whereas Section 39.2.1 requires 1.2 metres (for the proposed porch and existing dwelling), and 3. Requesting relief from Section 5.3 to allow a proposed front porch to encroach into the Driveway Visibility Triangle (DVT). General Intent and Purpose of Official Plan Test A number of Official Plan policies are applicable to the requested variances, for example: Section 4. C.1.8. "Where... minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. b) Where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to adjacent properties and supports and maintain the character of the streetscape and the neighbourhood. c) New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape. d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. f) The impact of each special zoning regulation or variance will be reviewed prior to formulating a recommendation to ensure that a deficiency in the one zoning requirement does not compromise the site in achieving objectives of compatible and appropriate site and neighbourhood design and does not create further zoning deficiencies. Planning staff is of the opinion that the variances would facilitate the construction of a new front porch that is appropriate in massing and scale and is compatible with the built form, character, and streetscape of the established neighbourhood. The requested front yard setback is similar to that of the other properties along the southwest side of Whitney Place. Accordingly, Planning staff is of the opinion that the variances meet the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test It should be noted that this property is within an area that is subject to Appendix H.- Residential :Residential Intensification in Established Neighbourhoods Study (RIENS) Area of By-law 85-1. Properties in this area are subject to minimum front yard requirements that are based upon the average of the front yards of the abutting lots, minus 1.0 metre, rather than on a set distance. In this case, the required minimum front yard is calculated at 4.7 metres, which is significantly greater than most of the properties on Whitney Place. It should be noted that despite the fact that the abutting property to the northwest is a corner lot, the dwelling upon which fronts onto Benton Street rather than Whitney Place, this property has been used in the determining the minimum front yard requirement. In this case, the technical requirement does not satisfactorily implement the intended purpose of the regulation, which is to ensure that the dwellings facing Whitney Place have a consistent setback. Planning staff is satisfied that the setback of the proposed front porch will be consistent and an appropriate streetscape interface will be maintained, noting that the dwelling has existed in its current location for approximately 120 years, and the front porch may have existed for the same amount of time. The purpose of the minimum side yard requirement is to ensure adequate buffering between dwellings. In this case, the subject dwelling and front porch have existed for a very long time. The requested variance simply legalizes the existing setback for the dwelling and allows construction of a new front porch on the same footprint as the existing porch. The purpose of the DVT requirement is to ensure pedestrian safety. Transportation Services has advised that it is supportive of the encroachment into the DVT. Planning staff is of the opinion that the variances will meet the general intent and purpose of the Zoning By-law. "Minor" Test The variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. The dwelling and porch have existed for many years, presumably without issue. The requested setbacks are adequate, and Transportation Services is supportive of the requested DVT relief. Planning staff is of the opinion that the variances are minor. Desirability for Appropriate Development of the Land Test The requested variances support the reuse and adaption of the existing housing stock through renovation, which is a goal of the Official Plan: Section 4.C.1.10. Where appropriate, and without limiting opportunities for intensification, the City will encourage and support the ongoing maintenance and stability of existing housing stock in the city by: a) supporting the reuse and adaption of the housing stock through renovation, conversion and rehabilitation... Planning staff is of the opinion that the variances are desirable for the appropriate development of the land. For the abovementioned reasons, Planning staff is of the opinion that the variance requests are justified. Building Division Comments: The Building Division has no objections to the proposed variance. Application for building permit has been made to the building division for the replacement of the front porch to a single detached dwelling and is currently under review. Transportation Services Comments: As noted in the application, the porch is being rebuilt within the existing footprint, therefore, Transportation Services can support the proposed encroachment into the driveway visibility triangle. Engineering Services Comments: Engineering has no comments. Environmental Planning Comments: Environmental Planning has no comments. Heritage Planning Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 11 Whitney Place is located within the Cedar Hill Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Cedar Hill neighbourhood. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the CHL, please visit the following link: www.kitchener.ca/npr. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. PREVIOUS REPORTS/AUTHORITIES: • Section 45, Planning Act, R. S. O. 1990, c. P.13 ATTACHMENT: Attachment A — Plans Submitted with Application Form aI IW=$� zy N� me m N m x t a�_ 4 - u -4 D I N BENTON n I=n -. �'eanr ��—g S VC1 a �Nrr3,9r'x13�'•3r0E rpll Ursxa6.6r[r7�! 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D U'—fti i�ah m zA nen 0 A yW Z� R91 N q D fl1 mm3� y�Z ws� o aza ti (j A �rn ❑p Ifl I I uys y� ' 1 I � ib 7x4 5Ph..STS I em w 16 oie rn� X y P y 13 UT V I Ad oIr y z m m r Fx i b I� I c 7 t I, II 4 0 � r v� y m L � L = m y < AF O � r q$qg pppp�p N L a A g v is � t1QA = L zy; gym[ �® T� zbh ------------------ ZA - - C Ll Ar� 6�A ��m Z L mQ P W — o }y -f ��z m prem b �Z � r R � TO z n 3 r � mm�y r mmmmm im z r n — m % u mL u:• = m TI[ y 4 A 41 G1 n I 13 13 AA= b j z ppm 2 n�rt " semA y8tfl n w 7 11 CP g I 5 y z S S G i A m C r A a_ c ..--------- I ----- ________________ U 1A S nn ;p Z gq O y� a r 1f4 O S �vA n't1 TEM ul Xn m Ll G� ll � Region of Waterloo April 07, 2021 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 (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these Document Number: 3616590 Page of 2 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 C (226) 753-0368 2 Docs #3573963 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 201h, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: April 91h, 2021 REPORT NO.: DSD -2021-19 SUBJECT: Minor Variance Application A2021-027 573 Guelph Street Owner — Milos Posavljak Applicant — Ivana Cekic RECOMMENDATION: That application A2021-027 requesting permission to allow a semi detached dwelling to have a lot width of 14.96 metres whereas 15 metres is required, resulting in one of the semi- detached dwellings to have a lot width of 7.46 metres whereas 7.5 metres is required, and to permit side yard setbacks of 0.91 metres and 0.94 metres whereas 1.2 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 38.2.2 of the Zoning By-law to permit a semi-detached dwelling with a lot width of 14.96 metres rather than the required 15 metres. This will result in one of the semi-detached dwellings having a lot width of 7.46 metres whereas 7.5 metres is required. Further relief is being sought to permit side yard setbacks of 0.91 metres and 0.94 metres rather than the required 1.2 metres for a semi-detached dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The applicant is proposing to demolish the existing single detached dwelling and build a purpose built, semi-detached dwelling on the property. The applicant will be applying for a severance application at a later date to sever the property once the foundation of the structure is created. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City's Official Plan. This designation 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 requested variances are appropriate and continue to meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 15 metres lot width is to ensure adequate space for a semi-detached dwelling to be constructed, and provide adequate street facing built form presence along the streetscape. The reduction in lot width to 14.96 metres will be negligible and will not negatively affect the construction of the dwellings. The intent of the 1.2 metre side yard setback is to ensure there is adequate space to access the rear of the property. The 0.91 and 0.94 metre setback will still provide adequate access to each rear yard, and staff has no concerns. Staff is of the opinion that the reduction in the lot width and side yard setbacks meet the general intent of the Zoning By-law. Is the Variance Minor? The variances can be considered minor as it is the opinion of staff that the reduction in lot width from 15 metres to 14.96 metres is almost negligible in the context of the development. The side yard setbacks continue to accommodate the appropriate rear yard access. The setbacks of 0.91 and 0.94 metres for the side yards will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition is in keeping with the existing character of the subject property or surrounding neighbourhood. Therefore, the variances are appropriate for the development and use of the land. City Planning staff conducted a site inspection of the property on March 31St, 2021. Photo of Subject Property Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new semi-detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with this application. Environmental Comments: Environmental Planning has no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. 7.+6rn 7.50m d A L+ TF1 Ln LL1 LLJ I CC O:f < i E Rr3E E- SE h, -,Eh, l–D TACH ED Concept Layout — 573 Guelph Street '.511rn E .E '_z o UJ LAND -APED Ld W w U- , z 173 0 1 3:1 z i ;:HAI"d_ L 1K FENCE J 14.96m Concept Layout — 573 Guelph Street Region of Waterloo April 07, 2021 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 (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these Document Number: 3616590 Page of 2 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 C (226) 753-0368 2 Docs #3573963 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 1 DATE OF REPORT: April 12, 2021 REPORT NO.: DSD 2021-59 SUBJECT: Minor Variance Application A2021-028 11 Springdale Drive Owner — Ilsedore Kautsky RECOMMENDATION: That application A2021-028 requesting permission to have a home business (office for online sales) with one employee in an existing single detached dwelling to have 2 separately accessible off-street parking spaces rather than the required 3 separate off-street parking spaces, be approved, subject to the following conditions: 1) A Zoning (Occupancy) Certificate is obtained from the Planning Division; and, 2) That condition 1 above be completed by June 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. Clarification: staff notes that the advertisement for this property stated that the Bylaw does not permit off-site employees for a home business. However, the Zoning Bylaw does permit a home business to have up to one employee provided parking regulations are met. One parking space is required for the dwelling, one parking spaces is required for the home business and one parking space is required for the employee. All three parking spaces must be independently accessible. This is not possible on this property without widening the driveway, which the owner does not want to do. A double wide driveway exists and is to remain and therefore, the variance is regarding the parking requirement for the home business. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Area on the Urban Structure Map. The property is zoned Residential Three (R-3) in By-law 85-1. low. _ Location Map REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The intent of the Low Rise Residential designation is to accommodate a full range of housing types to achieve an overall low intensity of use. A single detached dwelling with a home business with one employee on-site but with no clients coming to the premises continues to meet this intent of the Official Plan and is appropriate for the subject property. Therefore, Planning staff is of the opinion that the general intent of the Official Plan is maintained. Photo of Subject Property General Intent of the Zoning By-law The intent of the regulation to require three separately accessible parking spaces for a home business when there is a maximum of one on-site employee, is to ensure that there is sufficient parking for the business owner (occupant of the home); clients and the employee. The subject home business operates as an online retail business for the sales of flags. The agent has advised that clients do not come directly to the property. Orders of the product are couriered or delivered. Therefore, there is no need to have three separate parking spaces. As well, the employee lives on the same street and walks to the subject property and therefore does not require a parking space. Based on the above, staff is of the opinion that the general intent of the zoning by-law is met. Is the Variance Minor? As noted above, the proposed home business will have sufficient parking available for the business owner and the one on-site employee. The variance can be considered minor. Is the Variance Appropriate? Based on above comments, staff is of the opinion that as the proposed use will not negatively impact the subject property nor the surrounding neighbourhood; and that the variance is appropriate. City Planning staff conducted a site inspection of the property on April 12, 2021. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: The application notes, one employee will walk to their place of employment and there will be no clients arriving on-site, therefore, Transportation Services can support the requested parking variance from 3 to 2 on-site parking spaces. Engineering Comments: If a driveway widening is considered in the future, a curb cut/driveway widening permit may be required. Environmental Planning: No concerns due to nature of application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo April 07, 2021 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 (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these Document Number: 3616590 Page of 2 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 C (226) 753-0368 2 Docs #3573963 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 REPORT TO: Committee of Adjustment DATE OF MEETING: April 201h, 2021 1 wwwki tch en er. ca SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: April 91h, 2021 REPORT NO.: DSD -2021-44 SUBJECT: Minor Variance Application A2021-029 20 Munroe Street Applicant & Owner — Chris Coles RECOMMENDATION: That minor variance application A2021-029 requesting relief from Section 6.1.1.1 b) i) to allow the required parking space for the proposed duplex dwelling to be setback 1.0 metres from the street line rather than the required 6.0 metres, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 6.1.1.1 b) i) to allow the required parking space for the proposed duplex dwelling to be setback 1.0 metres from the street line rather than the required 6.0 metres. Location Map: 20 Munroe Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The applicant is proposing to renovate the existing single detached dwelling and convert it to a duplex dwelling by converting the existing garage space to living space. REPORT Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the City's Official Plan. This designation permits low density forms of housing including single and semi-detached and duplex dwellings. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. It is the opinion of staff that the requested variance to legalize the location of the one required parking space meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested variance to legalize the off-street parking space 1.0 metres from the street lot line meets the general intent of the Zoning Bylaw. The reduction of 5.0 metres from the required 6 metres is minor. The intent of the 6.0 metre required setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way and surrounding properties. The current driveway will be expanded to a double wide driveway that will comfortably fit 2 cars side by side and it is not anticipated that any negative impacts on the adjacent residential properties will result from the variances required therefore, the general intent of the Zoning Bylaw continues to be maintained. Application is Minor 3. The variance can be considered minor as it is the opinion of staff that the required parking space can continue to be accommodated on site in a safe manner. The reduced setback of 1.0 metres for the required parking space will not present any significant impacts to adjacent properties or the overall neighbourhood. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variance is not anticipated to impact any of the adjacent properties or the surrounding neighbourhood. City Planning staff conducted a site inspection of the property on March 31, 2021. Photo of Subject Property - 20 Munroe Street Building Comments: The Building Division has no objections to the proposed variance. Application has been made to the Building Division for the change of use to a duplex dwelling and is currently under review. Transportation Services Comments: Transportation Services can support a 1.0 metre parking setback from the required 6.0 metre parking setback as noted on the plan that accompanied this application. It should be noted that in speaking with Planning staff, the intent is to widen the existing driveway to accommodate two vehicles. Any future plans should identify the legal parking space dimension of 2.6m x 5.5m. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning has no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM —This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter N 67 0 15' �I C}Gi[N p,INK ? 9 N FE HCE xz P+tEiRL � 4_ ,xr SYORRG� SHEO E°�.S aaYF LINE) Q3 FRAME A001T1ph fu V Q �. �0 LOT z I o I z o` 3 i 1R° FE It CE N 670 15, W 10T t ro+REr f. it E NO 2O 1 1 ureter rrrirl LU ~ setback W I1 .'QO 6 meters width driveway ILLF 2 i .44- ��z:oa CY t9 _ ;C Proposed parking space locations — 20 Munroe Street Region of Waterloo April 07, 2021 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 (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these Document Number: 3616590 Page of 2 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 C (226) 753-0368 2 Docs #3573963 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 201h, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: April 91h, 2021 REPORT NO.: DSD -2021-45 SUBJECT: Minor Variance Application A2021-030 80 Courtland Avenue East Applicant —Andrea Sinclair, MHBC Planning Owner — 2441912 Ontario Inc. RECOMMENDATION: That application A2021-030 requesting permission to a allow a health office/clinic with a minimum parking requirement at a rate of 1 space per 26 square metres of gross floor area whereas a minimum of 1 space per 15 square metres of gross floor area is required; 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 Health Office/Clinic use on the property. 3. That all conditions shall be completed prior to June 1St, 2022. 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. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 6.1.2 a) of the Zoning By-law to permit a health office or health clinic with a minimum parking requirement of 9 spaces at a rate of 1 space per 26 square metres of gross floor area rather than the required 16 spaces at a minimum of 1 space per 15 square metres of gross floor area. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map — 80 Courtland Avenue East BACKGROUND: The property is designated as Low Density Commercial Residential in the Mill Courtland Woodside Park Secondary Plan within the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Commercial Residential One Nine Zone (CR -1) in Zoning By-law 85-1. The applicant is proposing to convert the existing building to a health office use and expand the parking area further to the rear of the property, while removing the existing accessory structure. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Density Commercial Residential in the Mill Courtland Woodside Park Secondary plan within the City's Official Plan. The intent of the low density commercial residential designation is to recognize existing areas of small scale commercial and residential development as well as to allow for the low rise, low density redevelopment of such areas with commercial, institutional, and residential uses. Permitted commercial uses are restricted to a limited number of commercial uses which includes health office and health clinic. Commercial and residential uses may be within separate buildings or may be contained within the same building. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the parking rate for Health Office/Clinic is to ensure that there is a sufficient supply of parking for the high demand generated by a Health Office/Clinic use. The current 85-1 Zoning By- law requires the higher parking rate, however, it is the intent of the new 2019-051 Zoning By-law to reduce the parking requirement for properties that are within Major Transit Station Areas. This property would fall into that category and the proposed parking rate of 1 space per 30 square metres is greater than the request of 1 space per 26 square metres. Furthermore, the applicant has informed staff that the proposed tenant would be the sole practitioner on site, and the reduction in spaces would continue to provide sufficient patient parking as appointments are scheduled accordingly, so that the number of patients is limited at one time. It is the opinion of staff that the variance for a parking reduction meets the general intent of the Zoning By-law. Is the Variance Minor? The variance can be considered minor as it is the opinion of staff that the proposed reduced parking rate will result in a loss of only seven spaces, which not negatively impact the proposed health office/clinic use. It is noted that the applicant has provided information that the proposed tenant will be a single health practitioner, which will have appointments appropriately spaced apart, resulting in fewer parking spaces being required. Is the Variance Appropriate? 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. There are no intentions to modify the existing structure, and the property will be subject to an updated site plan to meet further City zoning regulations. The development will not negatively impact the existing character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on March 31St, 2021. Photo of Subject Property (Front and Rear view) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the health office is obtained prior to any construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Based on the proposed use, the current parking requirement is 1 parking space per 15 square metres, where a variance of 1 parking space per 26 square metres is being requested. The requested variance is in line with the proposed regulations through By-law 2019-51 (CRoZBy) and therefore, Transportation Services does not have any concerns with the proposed application, provided that the patient turnover per hour is at an acceptable rate. Heritage Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 80 Courtland Avenue East is located within the Cedar Hill Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Cedar Hill neighbourhood. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the CHL, please visit the following link: www.kitchener.ca/npr. Environmental Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo April 07, 2021 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 (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these Document Number: 3616590 Page of 2 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 C (226) 753-0368 2 Docs #3573963 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: April 13, 2021 REPORT NO.: DSD -2021-57 SUBJECT: A2021-031 - 660 Avondale Ave Owners: Purewal, Varinder; Chatha, Rajvinder Approve Subject to a Condition RECOMMENDATION: 1) That Minor Variance Application A2021-031, for 660 Avondale Ave, requesting relief from Section 37.2.1 to allow a rear yard setback of 4.7 metres, rather than the required 7.5 metres, to facilitate the construction of a new single detached dwelling, be deferred to provide an opportunity for the owner to prepare and submit a satisfactory Tree Preservation / Enhancement Plan, in advance of a decision by the Committee of Adjustment. Figure 1. Aerial Photo of Subject Property, in Context *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: • The purpose of this report is to recommend deferral of a minor variance requesting relief from a minimum rear yard requirement, to allow an opportunity for the owner to prepare and submit a Tree Preservation / Enhancement Plan, in advance of a decision by the Committee. • This report supports the delivery of core services. • There are no financial implications to the City. • This report supports the delivery of core services. BACKGROUND: This report is being brought forward to recommend deferral of a minor variance requesting relief from a minimum rear yard requirement, to allow an opportunity for the owner to prepare and submit a Tree Preservation / Enhancement Plan, in advance of a decision by the Committee. Figure 2. View of subject property from Avondale Avenue REPORT: The subject property is located on the east of Avondale Avenue, between Claremont Avenue and Glasgow Street, in the Westmount Planning Community. Belmont Village is located to the east. The property contains a single detached dwelling, constructed in approximately 1952. The immediate neighbourhood contains mainly low-density residential uses. The property is designated Low Rise Residential in the Official Plan and zoned R-3 in By- law 85-1 (the property is currently not subject to By-law 2019-051). City Planning staff conducted a site inspection of the property on April 8, 2021. The applicant is proposing to demolish the existing single detached dwelling and construct a new, larger single detached dwelling in its place. To facilitate the construction of the new dwelling, the applicant is requesting a variance to allow a rear yard of 4.7 metres, rather than the required 7.5 metres. Planning staff is concerned that not enough information has been provided with the application to justify support for the application. More information is necessaryto understand how the proposed dwelling (and reduced rear yard) would impact on -property trees and adjacent, off -property trees, before a decision is made. Among other considerations, such trees may assist in providing an adequate buffer for adjacent properties — one of the purposes of the minimum rear yard setback regulation. The above concern is directly related to the requested variance. Accordingly, in light of the treed nature of the property and the proximity of trees in the rear yard, Planning staff requests the application be deferred to provide an opportunity for the owner prepare and submit a Tree Preservation / Enhancement Plan (TP/EP) for the lands in accordance with the City's Tree Management Policy, to the satisfaction of the City's Director of Planning. The TP/EP should include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, all treed vegetation to be removed and/or preserved, including species, condition, size (height and DBH) and precise location including driplines, and the methods to be employed in retaining trees to be protected. It should be noted that after reviewing a TP/EP, it is possible that Planning staff may continue to have concerns with the requested variance, such that staff cannot recommend support. At this time, Planning staff is of the opinion that the variance request is premature and should be deferred, pending satisfactory submission of a Tree Preservation / Enhancement Plan. Environmental Planning Comments: Environmental Planning does not support the reduction in rear yard setback as mature trees in this location will be adversely affected by the proposal. With this reduced setback the mature trees located in the rear yard near the property limit will likely be impacted and decline, leaving neighbours in this mature community no visual buffer. At a minimum, the standard MV condition to complete a Tree Preservation / Enhancement Plan prior to demolition, grading, BP etc. should be required. And owners should be advised ASAP that once exact tree locations at rear are surveyed and trees assessed, that a change in house plan to stay out of the root zones may be required. Heritage Planning Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 660 Avondale Avenue is located within the Westmount East & West Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached house is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Services Comments: Engineering has no comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. PREVIOUS REPORTS/AUTHORITIES: • Section 45, Planning Act, R. S. O. 1990, c. P.13 Region of Waterloo April 07, 2021 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 (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these Document Number: 3616590 Page of 2 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 C (226) 753-0368 2 Docs #3573963 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 Dianna Saunderson From: Amy Stahlke Sent: Tuesday, April 13, 2021 10:06 PM To: Dianna Saunderson; Committee of Adjustment (SM) Cc: Andrew Pinnell Subject: [EXTERNAL] Re: Register to submit comments for committee of adjustments Hi Dianna, Thank you very much for the information. I would like to have the following brief comments submitted to the Committee regarding the application for A 2021-031-660 Avondale Avenue: While I am not directly impacted by the proposed minor variance at 660 Avondale, I do want to express my opposition to the reduction of the rear yard set back from 7.5 meters to 4.7 meters. There appears to be a trend in the Westmount neighbourhood to tear down existing homes to build new, larger dwellings. This trend is likely to continue and I'm concerned about the precedent a reduction in setbacks would have going forward, allowing for large homes that almost completely fill the lots, more in keeping with what you see in newer neighbourhoods. The size of the lot at 660 Avondale Avenue is large enough to accommodate a home of a reasonable and yet still considerable size in comparison to other homes on the street, without having to reduce the rear yard setback. If this was being proposed next to or behind my house, I would be concerned about a reduction in my property value because of the close proximity of such a large home. I'm assuming the setback exists to preserve space and privacy between houses, allowing residents to have a sense of open space, to allow better natural light in backyards - all things I value and wouldn't want to lose. Approving variances of this nature to accommodate large new builds will change the character of this mature neighbourhood to the detriment of existing residents, particularly immediate neighbours. Allowing a reduction in the rear setback also wouldn't be fair to the neighbours who expect that existing requirements will be enforced. Perhaps a more equitable approach would be for the new owners of 660 Avondale Ave to have to gain approval for the variance from the properties impacted by the proposed reduction to the setback? I hope their opinions will be sought and heard as part of this process. Many thanks for allowing me to make this submission in writing. Amy Stahlke i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Dumart, Craig, Planner, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: April 8, 2021 REPORT NO.: DSD -2021-48 SUBJECT: Minor Variance Application A2021-032 81 Waterloo Street Owner — Stephanie Catcher, George Chambers Applicant - Stephanie Catcher, George Chambers RECOMMENDATION: That minor variance application A2021-032 requesting permission to construct a covered deck in the rear of an existing single detached dwelling having a rear yard setback of 4.0 metres rather than the required 7.5 metres be approved REPORT HIGHLIGHTS: The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to allow a covered deck in the rear yard to be located 4.0 metres from the rear lot line rather than the required 7.5 metre setback. 11."F! Location Map: 81 Waterloo Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Areas on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) with Special Use Provision 129U in Zoning By-law 85-1. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan . The subject property is designated Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced rear yard setback for a covered deck is appropriate and continues to maintain the low- density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The requested variance to reduce the rear yard setback from 7.5 metres to 4.0 metres to permit a covered deck meets the general intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide adequate amenity space in the rear yard. The reduction of 3.5 metres from the required 7.5 metres is minor, as the proposed 4.0 metre rear yard setback will continue to provide sufficient amenity space in the rear yard as the covered deck will provide usable outdoor amenity space throughout the entire year. Is the Variance Minor? The reduction of the rear yard setback is considered minor. Staff is of the opinion that the requested variance will provide adequate amenity space and will not negatively affect the adjacent properties or surrounding neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. A reduced rear yard setback and will not negatively impact the character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on April 1, 2021. Rear yard of the existing single detached dwelling at 81 Waterloo Street. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the covered deck 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. Heritage Planning Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 81 Waterloo Street is located within the Mt Hope / Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo April 07, 2021 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 (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these Document Number: 3616590 Page of 2 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 C (226) 753-0368 2 Docs #3573963 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 Dianna Saunderson From: Sent: Wednesday, April 14, 2021 11:42 AM To: Committee of Adjustment (SM) Subject: [EXTERNAL] File A 2021-032 To the committee of Adjustment regarding 81 Waterloo Street. Case The applicant wish to add a roof over a deck. This should be a no brainer. I have been a neighbour adjacent to this property for over 35 years. At one time, there was a full enclosed porch where the deck is. The owners have worked very hard to continually improve this property and there should be no reason what -so -ever to not permit this. It will serve well to improve their quality of life and the neighbourhood. Please allow this small project. Sincerely, Denis Pellerin i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Dumart, Craig, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: April 8, 2021 REPORT NO.: DSD -2021-49 SUBJECT: Consent Application B2021-015 83 Elmsdale Drive Owner: NOVACORE (83 ELMSDALE DRIVE) INC Applicant: Tim Collins RECOMMENDATION: That application B2021-015 proposing to create servicing easements over parcel E in favour of parcels C and D, 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 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 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The application is requesting to create servicing easements over parcel E in favour of parcels C and D. 6 LEGEND �I PARCEL C - PARCEL D � I - `� PARCEL E ` EASEMENT i ` EASEMENT 2 • EASEMENT 3 r" � fir• --_-__ - `FASEMUffZ EASE ENT 3 �• Proposed servicing easements Location Map: 83 Elmsdale Drive REPORT: BACKGROUND: The subject property is designated Mixed Use (with Specific Policy Area 31). The property is zoned MIX -1 (42) under Zoning By-law 2019-051. The intent of the zone is to permit and support development of the lands with a mix of commercial and residential uses. Planning Comments: The subject lands are located at 83 Elmsdale Drive and are proposed to be developed with mix of commercial and residential uses. This large site is being developed comprehensively, having a shared private street connecting several separately owned parcels. The owner, NovaCore, previously severed the lands into five parcels with various access and servicing easements. Three new easements for servicing are proposed over Parcel E in favour of Parcel C and D as follows: • Easement 1 - 5.00m (wide) x 152.30m (long). Area = 761.30m2. In favour of Parcel C. • Easement 2 - 5.00m (wide) x 5.50m (long). Area = 27.5m2. In favour of Parcel C & D. • Easement 3 - 5.00m (wide) x 161.1m (long). Area = 805.60m2. In favour of Parcel D City Planning staff conducted a site inspection of the property on April 1, 2021. Existing conditions at 83 Elmsdale Drive 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 servicing easement is desirable and appropriate. The servicing easements are required for the development of the recently severed parcels at 83 Elmsdale Drive. Building Comments: The Building Division has no objections to the proposed consent. Heritage Comments: There are no heritage planning concerns. Environmental Planning Comments: There are no Environmental planning concerns Transportation Services Comments: Transportation Services has no concerns with the proposed application Engineering Comments: Engineering will defer requirements to the Site Plan process. Operations Comments: Parkland dedication is not required for this application as no new developable lot has been created. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: B2019-051 & A2019-082 B2019-053 B2018-017, B2018-018 and B2018-019 B2019-054 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-46CB Fax: 519-575-4466 www. reglonofwate ri oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT April 9, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-015 to 62021- 024 Committee of Adjustment Hearing April 20, 2021 CITY OF KITCHENER B2021-015 83 Elmsdale Drive Novacore (83 Elmsdale Drive) Inc. The owner/applicant is proposing to create a 5 metre wide easement for sanitary service connections from Ottawa Street. Water Services: Regional Staff advise that Section B.2.12.3 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020 states: • No more than one individual property shall be serviced by the same service regardless of ownership. • In situations where a fire service is required due to infilling or site development after the water distribution system has been installed, private hydrants can be supplied by a separate service at the discretion of the municipality as long as it can be demonstrated that the fire line service will not be interconnected now or later with the domestic water system. • In the case of multi -unit blocks, on-site servicing can be arranged to the property owner's convenience, however, there shall only be one service from the municipal system. • In unique circumstances and with the approval by the Chief Municipal Engineer, more than one service may be allowed to one property. However, a testable Document Number: 3615619 Version: 1 backflow preventer in accordance with CAN/CSA-B64-10 shall be installed on each service to eliminate the possibility of system flow through private property." The Region has no objection to the proposed application. B2021-016 83 Second Avenue Revalue Properties Inc. The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of two semi-detached dwellings. 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Conestoga Parkway (Highway 7/8). Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 3615619 Version: 1 indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). 3) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. c) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)." Document Number: 3615619 Version: 1 B2021-017 82 Pattandon Avenue Ellen and Kevin Genova The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of a semi-detached dwelling on each 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Ottawa Street South and rail noise from CN Railway mainline. Regional Staff recommend that the owner/applicant undertake a detailed environmental (road and railway) noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots and determine the necessary noise attenuation measures for the proposed dwellings. The recommendations of the detailed noise study will be implemented through a registered agreement with the City of Kitchener Alternatively, in lieu of an Environmental Noise Study, the following noise attenuation measures must be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. 3) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed Document Number: 3615619 Version: 1 the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 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 fights -of - way. 4) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. Airport Zoning: The subject property falls within the Region of Waterloo International Airport Aeronautical Zoning Regulated area, specifically under the runway take -off approach surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning Regulations. Although there would not be any airport specific concerns for the proposed dwellings, the applicant(s) must complete and submit the necessary Form(s) as may be required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCam pbel l(a-)-reg ion ofwaterloo.ca Document Number: 3615619 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. d. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 Document Number: 3615619 Version: 1 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 fights -of - way. B2021-018 to B2021-020 942 Doon Village Road Elev8 Properties Inc. The owner/applicant is proposing a severance to create a total of four residential lots. The existing single detached dwelling would be removed on the retained lands. The severed lands will have a shared access with the retained lands. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00) prior to final approval of the consent. Water Services: The subject property is located in Kitchener Zone 2w with a static hydraulic grade line of 361 mASL. Any development with a finished road elevation below 304.6 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. Environmental Noise: The proposed dwellings on severed and retained lots will have impacts from transportation noise from traffic on Doon Village Road. A detailed environmental noise study will be required to assess the impacts of transportation noise from traffic on Doon Village Road and determine the required noise attenuation measure, as may be required for the proposed dwellings on severed and retained lots. Due to abruptly changing grades on the property, an accurate assessment of noise levels should be made in the noise report at various locations i.e. facades, living rooms, sleeping rooms and OLA's based on the proposed grades/finished elevations of the proposed dwelling units. The recommendations of the noise study will be implemented through a registered agreement with the City of Kitchener, as a Regional condition for the above application. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, Document Number: 3615619 Version: 1 submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with one electronic copy of the report to the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.Perm itcentral.ca/Permit/GroupApply?groupld=3 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 complete an Environmental Noise Study and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. B2021-021 to B2021-023 654 Rockway Drive Paul and Flora Nelson The owner/applicant is proposing a severance to create a total of four residential lots to accommodate two semi-detached dwellings on the subject property. Regional Fee: Regional Staff confirm receipt of the required consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00). Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on King Street East (Regional Road #08) and Charles Street. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: Document Number: 3615619 Version: 1 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". 3) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: "The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Document Number: 3615619 Version: 1 Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. B2021-024 59 Carisbrook Drive 59 Carisbrook Drive Ltd. The owner/applicant is proposing a lot addition to 34 Hillcrest Lane. The severed lands reflect the `surplus' lands on Carisbrook Drive and will form part of the rear yard of 34 Hillcrest Lane. Regional Fee: Regional Staff confirm no fee is required. The Region has no objection 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, Matthew Colley, Planner, MCIP, RPP Document Number: 3615619 Version: 1 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: April 9, 2021 REPORT NO.: DSD -21-052 SUBJECT: Consent Application B2021-016 83 Second Avenue Owner- Revalue Properties Inc. Applicant: - Boban Jokanovic RECOMMENDATION: That application B2021-016 for consent to sever 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 pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3785.80. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provides 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 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. 4. 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. 5. 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. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7. 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. 8. 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. 9. 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 the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) 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 and the Director of Parks and Cemeteries. c) That the Owner ensures any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Director of Parks and Cemeteries and the City's Director of Planning. That prior to the issuance of any building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Parks and Cemeteries. 10. That the Owner obtains a demolition permit for the portion of the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official. 11. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The application is requesting to sever the subject lands into two lots to build a semi-detached dwelling. q A Location Map: 83 Second Avenue REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property will be demolished and the applicant proposes to a semi-detached dwelling on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. The Owner is requesting permission to sever the subject lands into two lots to build a semi-detached dwelling. Both the severed and retained lots would have a lot width of 8.23 metres, a depth of 40.23 metres, and an area of 331 square metres. City Planning staff conducted a site inspection of the property on April 8, 2021. Existing single detached dwelling at 83 Second Avenue (January 22, 2021) 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 lot is 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. 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 demolition of the existing building, as well as construction of the new residential building. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building/demolition permit will be issued. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. 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 service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Niall Melanson(niall.melanson(a-)-kitchener.ca). Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure 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. Parks /Operations 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 $3,785.80. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (8.23m) at a land value of $9,200 per frontage meter. Proposed lot fabrics STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. 66,48,05` W 40.234 1.77. 1?.191 ' 1 27 RETA12 INEQ 63 f LOT �.,,�' " Pasco $EMI -ppE F,yGHED PART ev a '�' OiIl1:LUNG � KI A EA.,pg 53 fC.+1i2ACE ii1lVDED] � ° is +' GARAGE N 66`48705' W 44 234 W za +s 76 yy GARAGE PROPOSED _ � DIwEL1.INC ED �� — —' �uoco� LCAT � 6.— n SEVERED ;121 r'v �,p�y PART 2 i 27 r 77 N 66'4805 '+� 40 234 Proposed lot fabrics STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. �� — —' �uoco� LCAT i 27 r 77 Proposed lot fabrics STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: None. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-46CB Fax: 519-575-4466 www. reglonofwate ri oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT April 9, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-015 to 62021- 024 Committee of Adjustment Hearing April 20, 2021 CITY OF KITCHENER B2021-015 83 Elmsdale Drive Novacore (83 Elmsdale Drive) Inc. The owner/applicant is proposing to create a 5 metre wide easement for sanitary service connections from Ottawa Street. Water Services: Regional Staff advise that Section B.2.12.3 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020 states: • No more than one individual property shall be serviced by the same service regardless of ownership. • In situations where a fire service is required due to infilling or site development after the water distribution system has been installed, private hydrants can be supplied by a separate service at the discretion of the municipality as long as it can be demonstrated that the fire line service will not be interconnected now or later with the domestic water system. • In the case of multi -unit blocks, on-site servicing can be arranged to the property owner's convenience, however, there shall only be one service from the municipal system. • In unique circumstances and with the approval by the Chief Municipal Engineer, more than one service may be allowed to one property. However, a testable Document Number: 3615619 Version: 1 backflow preventer in accordance with CAN/CSA-B64-10 shall be installed on each service to eliminate the possibility of system flow through private property." The Region has no objection to the proposed application. B2021-016 83 Second Avenue Revalue Properties Inc. The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of two semi-detached dwellings. 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Conestoga Parkway (Highway 7/8). Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 3615619 Version: 1 indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). 3) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. c) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)." Document Number: 3615619 Version: 1 B2021-017 82 Pattandon Avenue Ellen and Kevin Genova The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of a semi-detached dwelling on each 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Ottawa Street South and rail noise from CN Railway mainline. Regional Staff recommend that the owner/applicant undertake a detailed environmental (road and railway) noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots and determine the necessary noise attenuation measures for the proposed dwellings. The recommendations of the detailed noise study will be implemented through a registered agreement with the City of Kitchener Alternatively, in lieu of an Environmental Noise Study, the following noise attenuation measures must be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. 3) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed Document Number: 3615619 Version: 1 the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 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 fights -of - way. 4) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. Airport Zoning: The subject property falls within the Region of Waterloo International Airport Aeronautical Zoning Regulated area, specifically under the runway take -off approach surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning Regulations. Although there would not be any airport specific concerns for the proposed dwellings, the applicant(s) must complete and submit the necessary Form(s) as may be required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCam pbel l(a-)-reg ion ofwaterloo.ca Document Number: 3615619 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. d. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 Document Number: 3615619 Version: 1 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 fights -of - way. B2021-018 to B2021-020 942 Doon Village Road Elev8 Properties Inc. The owner/applicant is proposing a severance to create a total of four residential lots. The existing single detached dwelling would be removed on the retained lands. The severed lands will have a shared access with the retained lands. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00) prior to final approval of the consent. Water Services: The subject property is located in Kitchener Zone 2w with a static hydraulic grade line of 361 mASL. Any development with a finished road elevation below 304.6 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. Environmental Noise: The proposed dwellings on severed and retained lots will have impacts from transportation noise from traffic on Doon Village Road. A detailed environmental noise study will be required to assess the impacts of transportation noise from traffic on Doon Village Road and determine the required noise attenuation measure, as may be required for the proposed dwellings on severed and retained lots. Due to abruptly changing grades on the property, an accurate assessment of noise levels should be made in the noise report at various locations i.e. facades, living rooms, sleeping rooms and OLA's based on the proposed grades/finished elevations of the proposed dwelling units. The recommendations of the noise study will be implemented through a registered agreement with the City of Kitchener, as a Regional condition for the above application. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, Document Number: 3615619 Version: 1 submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with one electronic copy of the report to the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.Perm itcentral.ca/Permit/GroupApply?groupld=3 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 complete an Environmental Noise Study and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. B2021-021 to B2021-023 654 Rockway Drive Paul and Flora Nelson The owner/applicant is proposing a severance to create a total of four residential lots to accommodate two semi-detached dwellings on the subject property. Regional Fee: Regional Staff confirm receipt of the required consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00). Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on King Street East (Regional Road #08) and Charles Street. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: Document Number: 3615619 Version: 1 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". 3) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: "The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Document Number: 3615619 Version: 1 Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. B2021-024 59 Carisbrook Drive 59 Carisbrook Drive Ltd. The owner/applicant is proposing a lot addition to 34 Hillcrest Lane. The severed lands reflect the `surplus' lands on Carisbrook Drive and will form part of the rear yard of 34 Hillcrest Lane. Regional Fee: Regional Staff confirm no fee is required. The Region has no objection 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, Matthew Colley, Planner, MCIP, RPP Document Number: 3615619 Version: 1 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: April 9, 2021 REPORT NO.: DSD -2021-47 SUBJECT: Consent Application B2021-017 82 Pattandon Avenue Owners: Ellen and Kevin Genova Applicant: Janelle Hale RECOMMENDATION: That application B2021-017 for consent to sever the existing lot into two new 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 pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,505.20.The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provides 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 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. 4. 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. 5. 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. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. system to the satisfaction of the Director of Engineering Services. 7. 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. 8. 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. 9. That the Owner obtains a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the two lots. 10. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures that are to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning." 11. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 12. That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EV/5) or acoustical equivalent. c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. d. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: L "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP) ". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 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." REPORT HIGHLIGHTS: The application is requesting to create a lot by severing an existing lot into two equal sized lots Location Map: 82 Pattandon Avenue REPORT: BACKGROUND: The property is designated as Low Rise Conservation in the Mill Courtland Woodside Park Neighbourhood Secondary Plan in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. To be retained PART 1 w ns (�D GE REWI ED) OFdEA — 289 SOM _ E jacnln P•,MCH � N 13`02•,3" E it 37.97 GRIM VKLLING 7 p DEQ i (T4 REY�OYED] MR 114 N{FE$ PART Ta 2MJd rD EPE RC1+G b. AREA 7 28D SON eJt IN 9cM •9iICK FT-1 0 AS ar— '``'E To be severed N 13`02'30" E 37,97 ' PT 1 r'rti Proposed lot fabrics Location Map: 82 Pattandon Avenue REPORT: BACKGROUND: The property is designated as Low Rise Conservation in the Mill Courtland Woodside Park Neighbourhood Secondary Plan in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone in Zoning By-law 85-1 Planning Comments: The single detached dwelling on the property is proposed to be demolished and replaced with new semi-detached dwellings on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. The Owner is requesting permission to sever the subject lands into two equal sized lots. The severed lot would have a lot width of 7.62 metres, a depth of 37.97 metres, and an area of 289.33 square metres while the retained lot would have a lot width of 7.62 metres, a depth of 37.97 metres, and an area of 289.33 square metres City Planning staff conducted a site inspection of the property on March 31, 2021 Existing single detached dwelling at 82 Pattandon Avenue 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. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The lands front onto a public street and full services are available. 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 demolition of all existing buildings, as well as construction of the new residential buildings. Heritage Comments: Heritage staff has no cultural heritage concerns with the proposed application. Environmental Planning Comments: Environmental Planning has no concerns with this application. Transportation Services Comments: Transportation Services has no concerns with the proposed application. 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 service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Niall Melanson(niall.melanson(a�kitchener.ca). • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system, will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure 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. Parks/Operations 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 $3,505.20. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (7.62m) at a land value of $9,200 per frontage meter. An existing Street Tree is located in the boulevard of 82 Pattandon Ave. Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided. 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Ottawa Street South and rail noise from CN Railway mainline. Regional Staff recommend that the owner/applicant undertake a detailed environmental (road and railway) noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots and determine the necessary noise attenuation measures for the proposed dwellings. The recommendations of the detailed noise study will be implemented through a registered agreement with the City of Kitchener Alternatively, in lieu of an Environmental Noise Study, the following noise attenuation measures must be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. 3) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP) ". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 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) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. Airport Zoning: The subject property falls within the Region of Waterloo International Airport Aeronautical Zoning Regulated area, specifically under the runway take -off approach surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning Regulations. Although there would not be any airport specific concerns for the proposed dwellings, the applicant(s) must complete and submit the necessary Form(s) as may be required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use-program.aspx. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a_regionofwaterloo.ca STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-46CB Fax: 519-575-4466 www. reglonofwate ri oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT April 9, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-015 to 62021- 024 Committee of Adjustment Hearing April 20, 2021 CITY OF KITCHENER B2021-015 83 Elmsdale Drive Novacore (83 Elmsdale Drive) Inc. The owner/applicant is proposing to create a 5 metre wide easement for sanitary service connections from Ottawa Street. Water Services: Regional Staff advise that Section B.2.12.3 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020 states: • No more than one individual property shall be serviced by the same service regardless of ownership. • In situations where a fire service is required due to infilling or site development after the water distribution system has been installed, private hydrants can be supplied by a separate service at the discretion of the municipality as long as it can be demonstrated that the fire line service will not be interconnected now or later with the domestic water system. • In the case of multi -unit blocks, on-site servicing can be arranged to the property owner's convenience, however, there shall only be one service from the municipal system. • In unique circumstances and with the approval by the Chief Municipal Engineer, more than one service may be allowed to one property. However, a testable Document Number: 3615619 Version: 1 backflow preventer in accordance with CAN/CSA-B64-10 shall be installed on each service to eliminate the possibility of system flow through private property." The Region has no objection to the proposed application. B2021-016 83 Second Avenue Revalue Properties Inc. The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of two semi-detached dwellings. 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Conestoga Parkway (Highway 7/8). Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 3615619 Version: 1 indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). 3) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. c) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)." Document Number: 3615619 Version: 1 B2021-017 82 Pattandon Avenue Ellen and Kevin Genova The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of a semi-detached dwelling on each 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Ottawa Street South and rail noise from CN Railway mainline. Regional Staff recommend that the owner/applicant undertake a detailed environmental (road and railway) noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots and determine the necessary noise attenuation measures for the proposed dwellings. The recommendations of the detailed noise study will be implemented through a registered agreement with the City of Kitchener Alternatively, in lieu of an Environmental Noise Study, the following noise attenuation measures must be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. 3) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed Document Number: 3615619 Version: 1 the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 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 fights -of - way. 4) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. Airport Zoning: The subject property falls within the Region of Waterloo International Airport Aeronautical Zoning Regulated area, specifically under the runway take -off approach surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning Regulations. Although there would not be any airport specific concerns for the proposed dwellings, the applicant(s) must complete and submit the necessary Form(s) as may be required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCam pbel l(a-)-reg ion ofwaterloo.ca Document Number: 3615619 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. d. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 Document Number: 3615619 Version: 1 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 fights -of - way. B2021-018 to B2021-020 942 Doon Village Road Elev8 Properties Inc. The owner/applicant is proposing a severance to create a total of four residential lots. The existing single detached dwelling would be removed on the retained lands. The severed lands will have a shared access with the retained lands. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00) prior to final approval of the consent. Water Services: The subject property is located in Kitchener Zone 2w with a static hydraulic grade line of 361 mASL. Any development with a finished road elevation below 304.6 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. Environmental Noise: The proposed dwellings on severed and retained lots will have impacts from transportation noise from traffic on Doon Village Road. A detailed environmental noise study will be required to assess the impacts of transportation noise from traffic on Doon Village Road and determine the required noise attenuation measure, as may be required for the proposed dwellings on severed and retained lots. Due to abruptly changing grades on the property, an accurate assessment of noise levels should be made in the noise report at various locations i.e. facades, living rooms, sleeping rooms and OLA's based on the proposed grades/finished elevations of the proposed dwelling units. The recommendations of the noise study will be implemented through a registered agreement with the City of Kitchener, as a Regional condition for the above application. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, Document Number: 3615619 Version: 1 submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with one electronic copy of the report to the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.Perm itcentral.ca/Permit/GroupApply?groupld=3 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 complete an Environmental Noise Study and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. B2021-021 to B2021-023 654 Rockway Drive Paul and Flora Nelson The owner/applicant is proposing a severance to create a total of four residential lots to accommodate two semi-detached dwellings on the subject property. Regional Fee: Regional Staff confirm receipt of the required consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00). Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on King Street East (Regional Road #08) and Charles Street. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: Document Number: 3615619 Version: 1 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". 3) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: "The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Document Number: 3615619 Version: 1 Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. B2021-024 59 Carisbrook Drive 59 Carisbrook Drive Ltd. The owner/applicant is proposing a lot addition to 34 Hillcrest Lane. The severed lands reflect the `surplus' lands on Carisbrook Drive and will form part of the rear yard of 34 Hillcrest Lane. Regional Fee: Regional Staff confirm no fee is required. The Region has no objection 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, Matthew Colley, Planner, MCIP, RPP Document Number: 3615619 Version: 1 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 Dianna Saunderson From: Ashkan Matlabi <Ashkan.Matlabi@cn.ca> on behalf of Proximity <proximity@cn.ca> Sent: Friday, March 26, 2021 4:14 PM To: Committee of Adjustment (SM) Subject: [EXTERNAL] RE: ACTION REQUIRED - Committee of Adjustment Application Review - April 20, 2021 Meeting Attachments: B2021-017 - 82 Pattandon Ave..pdf Hello, Thank you for circulating CN the proposed projects mentioned in Committee of Adjustment Application Review's agenda. This is to confirm that we have reviewed the information and site location of the proposed projects. CN Rail only has comments with regards to the application addressed 82 Pattandon Ave. Our main objective is to mitigate railway - oriented impacts such as noise, vibration, and safety hazards, to ensure that the quality of life of the future development's residents and users is not negatively affected. We recommend for the following clause to be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right -of way: "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 hereof. 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." Thank you and don't hesitate to contact me for any questions. Regards Ashkan Matlabi, Urb. OUQ Urbaniste s6nior /Senior Planner (CN Proximity) Planning, Landscape Architecture and Urban Design Urbanisme, architecture de paysage et design urbain NNSI) E : proximitya-cn.ca T: 1-438-459-9190 1600, Ren6-1_6vesque Ouest, 11 a 6tage Montr6al (Qu6bec) H3H 1 P9 CANADA wsp.com From: Bo Sent: Monday, April 5, 202110:32 PM To: Committee of Adjustment (SM) <CommitteeofAdiustment@kitchener.ca> Subject: [EXTERNAL] Apr 20 2021 Public meeting, ref: B 2021-017 - 82 Pattandon Avenue Dear City Committee, I live on Pattandon Ave. Unfortunately I cannot attend the Apr 20th public meeting regarding'B 2021- 017 - 82 Pattandon Avenue' project. I have another engagement on Apr 20th, but I would like to submit my vote against any changes to my neighbourhood. I would prefer to keep my neighbourhood as is. Sincerely, Bo Pejanovic B 2021-017 - 82 Pattandon Avenue 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 7.62m, a depth of 37.97m and an area of 289 sq.m. The retained land will have a width of 7.62m, a depth of 37.97m and an area of 289 sq.m. The existing dwelling will be demolished. Sent from my iPad i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: April 11, 2021 REPORT NO.: DSD -2021-54 SUBJECT: Consent Application B2021-018 to B2021-020 942 Doon Village Road Owner — David Karl Van Rhijn Purchaser — Elev8 Properties Inc. Applicant — Scott Patterson, Patterson Planning Consultants Inc. RECOMMENDATION: That applications B2021-018, B2021-019, & B2021-020 for consent to create three new lots and retain one lot be approved subject to the following conditions: That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall 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. 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 $18,928.08. 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 shall prepare Street Tree Management Plan (STMP), stamped by a certified Landscape Architect, in accordance with Section M of the Development Manual, to satisfaction of the City's Director of review by Parks and Cemeteries. 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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 in Consultation with the City's Director of Transportation Services. 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 shall prepare a Grading Plan for the severed and retained lands in accordance with the City's Development Manual, to be approved by the City's Director of Engineering in consultation with the City's Director of Planning. 9. 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. 10. 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. 11. 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. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. 12. 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 conditions: 1. 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 Preservation/Enhancement 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. H. Prior to the Issuance of any Building Permits a) The Owner shall obtain approval of a Lot Grading Control Plan showing the required elevation of each corner of each lot for the severed and retained lands and the required elevation(s) of the building site as well as the required direction flow of surface drainage which must be approved by the CITY'S Director of Engineering Services, and must conform to the approve Tree Management Plan, overall Grading Plan, and Street Tree Management Plan. In addition to the conditions noted above, the modified subdivision agreement shall contain language to address maintenance and access for any shared driveways, if proposed. 11. That prior to final approval, the owner/applicant shall submit the Regional consent review fee of $350.00 per new lot created. 12. That prior to final approval, the owner/applicant shall complete an Environmental Noise Study and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. REPORT HIGHLIGHTS: The applications propose to sever 942 Doon Village Road into 4 lots. 950 Doon Village Road is an existing lot, for a total of five single detached dwellings fronting onto public streets. �r• � t, •rs ' ' J V I .� .-. � � �. i. ��'� - jam.. j� '.-_ ��•��'�`r �. 546-4804 5 48^ s • F� }, SFO Location Map BACKGROUND: The lands are designated as Low Rise Residential in the City's Official Plan and identified as Community Area and Green Area on the City's Urban Structure Map. The lands are zoned as Residential Six (R-6) in Zoning By-law 85-1. REPORT: Planning Comments: The single detached dwelling on the property is proposed to be demolished. The Applicant requesting permission to sever the subject lands into four lots, in addition to the existing lot at 950 Doon Village Road. The proposed lots are described below. Application Lot Proposed Lot Area Proposed Lot Width Retained Lands after 3 severances 1306.6 sq m 19.695 m B2021-018 Proposed Severed Lot 1 918.4 sq m 13.716 m B2021-019 Proposed Severed Lot 2 909.4 sq m 13.716 m B2021-020 Proposed Severed Lot 3 909.6 sq m 13.716 m Existing Lot 950 Doon Village Road 1189.37 sq m 22.57 m The proposed lot widths and lot areas exceed the minimum requirements in the Residential Six (R- 6) zone. City Planning staff conducted a site walk of the property on October 27, 2020 as part of the previous site plan application. Photo of Subject Property — View from Doon Mills Road With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. In addition to single detached dwellings, the existing zoning permits multiple dwellings. Planning staff had received and circulated applications for a Plan of Condominium (Vacant Land) and site plan for a 7 unit condominium development with a private road. That proposal included significant tree removals, as well as larger retaining walls surrounding the property. Development Services Staff worked with the Applicant on the revised proposal for five street fronting lots where each lot is proposed to be developed with a single detached dwelling. Four lots are proposed to have access to Doon Mills Drive and one lot (existing lot) is proposed to have access to Doon Village Road (cul- de-sac). The revised five lot proposal results in significant tree savings at the side and rear of the property, and some reduced retaining walls. In order to provide individual driveways to each lot, the preliminary grading plans show two sets of driveways that are shared within the right-of-way. While no easement would be required for the shared driveways (within public right-of-way), Planning staff is recommending that if the final grading plans show shared driveways, that access and maintenance language be included in the modified subdivision that will be registered on the severed and retained lands. The lands front onto established public streets, and the severed lands can be serviced with municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. 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 demolition of all existing buildings, as well as construction of all new residential buildings. Transportation Comments: Transportation Services does not have any concerns with the proposed application. The existing concrete sidewalk to remain in its current location. Heritage Comments: No heritage planning concerns. 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 service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Niall Melanson(niall.melanson(a�kitchener.ca). Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure 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. Significant road works will likely be required and Transportation Division should be consulted on driveway locations and roadway alignments. Parks/Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcels as 3 new development lots will be created. The cash -in -lieu dedication required is $18,928.08. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (41.148m (3x13.716)) at a land value of $9,200 per frontage meter. The existing street trees located on municipal property Infront of 942 Doon Village Road are to be protected. Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property. It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided. Street trees and street tree protection of existing trees are required for the application within the Boulevard. Proposed street trees and street tree protection shall be shown on a Street Tree Management Plan (STMP), stamped by a certified Landscape Architect for review by Parks and Cemeteries. Tree planting shall conform to Section M of the Development Manual. Street trees are required at a ratio of 1 tree for every 10 linear metres of street frontage. The sidewalk in the boulevard of 942 Doon Village Road is to have a 1 metre clearance and removal of vegetation on either side of the sidewalk to allow for maintenance. All disturbed areas in the right of way are to be restored with topsoil and sod. The use of retaining walls on city property is not permitted. All retaining walls are to be in private ownership. If retaining walls are required, a legal encroachment and maintenance easement is required. Environmental Planning Comments: This proposal does a much better job of saving trees and is therefore a better fit for the area. With the new proposal, the Applicant will be required to obtain final approval of the Tree Preservation and Enhancement plan that was submitted with the application. A condition is required in the agreement to implement the Tree Management Plan prior to grading, tree removal, or issuance of any building permits, whichever shall occur first. 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 ($350.00 x 3 = $1050.00) prior to final approval of the consent. Water Services: The subject property is located in Kitchener Zone 2w with a static hydraulic grade line of 361 mASL. Any development with a finished road elevation below 304.6 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. Environmental Noise: The proposed dwellings on severed and retained lots will have impacts from transportation noise from traffic on Doon Village Road. A detailed environmental noise study will be required to assess the impacts of transportation noise from traffic on Doon Village Road and determine the required noise attenuation measure, as may be required for the proposed dwellings on severed and retained lots. Due to abruptly changing grades on the property, an accurate assessment of noise levels should be made in the noise report at various locations i.e. facades, living rooms, sleeping rooms and OLA's based on the proposed grades/finished elevations of the proposed dwelling units. The recommendations of the noise study will be implemented through a registered agreement with the City of Kitchener, as a Regional condition for the above application. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with one electronic copy of the report to the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.permitcentral.ca/Permit/GroupAppIV?groupld=3 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 complete an Environmental Noise Study and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. INFORM — As the Plan of Condominium (Vacant Land) was circulated to all property owners within 120 metres, Planning staff circulated the revised development concept (five street fronting lots) on March 26, 2021 to all property owners within 120 metres, in addition to the standard circulation procedures. PREVIOUS REPORTS/AUTHORITIES: The Applicant had submitted applications for a proposed Plan of Condominium (Vacant Land) and site plan approval. The Applicant has withdrawn their condominium and site plan applications (for 7 units) and is now proposing to create five street fronting lots where each lot is proposed to be developed with a single detached dwelling. Four lots are proposed to have access to Doon Mills Drive and one lot (existing lot) is proposed to have access to Doon Village Road (cul-de-sac). PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-46CB Fax: 519-575-4466 www. reglonofwate ri oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT April 9, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-015 to 62021- 024 Committee of Adjustment Hearing April 20, 2021 CITY OF KITCHENER B2021-015 83 Elmsdale Drive Novacore (83 Elmsdale Drive) Inc. The owner/applicant is proposing to create a 5 metre wide easement for sanitary service connections from Ottawa Street. Water Services: Regional Staff advise that Section B.2.12.3 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020 states: • No more than one individual property shall be serviced by the same service regardless of ownership. • In situations where a fire service is required due to infilling or site development after the water distribution system has been installed, private hydrants can be supplied by a separate service at the discretion of the municipality as long as it can be demonstrated that the fire line service will not be interconnected now or later with the domestic water system. • In the case of multi -unit blocks, on-site servicing can be arranged to the property owner's convenience, however, there shall only be one service from the municipal system. • In unique circumstances and with the approval by the Chief Municipal Engineer, more than one service may be allowed to one property. However, a testable Document Number: 3615619 Version: 1 backflow preventer in accordance with CAN/CSA-B64-10 shall be installed on each service to eliminate the possibility of system flow through private property." The Region has no objection to the proposed application. B2021-016 83 Second Avenue Revalue Properties Inc. The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of two semi-detached dwellings. 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Conestoga Parkway (Highway 7/8). Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 3615619 Version: 1 indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). 3) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. c) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)." Document Number: 3615619 Version: 1 B2021-017 82 Pattandon Avenue Ellen and Kevin Genova The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of a semi-detached dwelling on each 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Ottawa Street South and rail noise from CN Railway mainline. Regional Staff recommend that the owner/applicant undertake a detailed environmental (road and railway) noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots and determine the necessary noise attenuation measures for the proposed dwellings. The recommendations of the detailed noise study will be implemented through a registered agreement with the City of Kitchener Alternatively, in lieu of an Environmental Noise Study, the following noise attenuation measures must be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. 3) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed Document Number: 3615619 Version: 1 the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 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 fights -of - way. 4) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. Airport Zoning: The subject property falls within the Region of Waterloo International Airport Aeronautical Zoning Regulated area, specifically under the runway take -off approach surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning Regulations. Although there would not be any airport specific concerns for the proposed dwellings, the applicant(s) must complete and submit the necessary Form(s) as may be required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCam pbel l(a-)-reg ion ofwaterloo.ca Document Number: 3615619 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. d. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 Document Number: 3615619 Version: 1 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 fights -of - way. B2021-018 to B2021-020 942 Doon Village Road Elev8 Properties Inc. The owner/applicant is proposing a severance to create a total of four residential lots. The existing single detached dwelling would be removed on the retained lands. The severed lands will have a shared access with the retained lands. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00) prior to final approval of the consent. Water Services: The subject property is located in Kitchener Zone 2w with a static hydraulic grade line of 361 mASL. Any development with a finished road elevation below 304.6 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. Environmental Noise: The proposed dwellings on severed and retained lots will have impacts from transportation noise from traffic on Doon Village Road. A detailed environmental noise study will be required to assess the impacts of transportation noise from traffic on Doon Village Road and determine the required noise attenuation measure, as may be required for the proposed dwellings on severed and retained lots. Due to abruptly changing grades on the property, an accurate assessment of noise levels should be made in the noise report at various locations i.e. facades, living rooms, sleeping rooms and OLA's based on the proposed grades/finished elevations of the proposed dwelling units. The recommendations of the noise study will be implemented through a registered agreement with the City of Kitchener, as a Regional condition for the above application. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, Document Number: 3615619 Version: 1 submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with one electronic copy of the report to the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.Perm itcentral.ca/Permit/GroupApply?groupld=3 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 complete an Environmental Noise Study and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. B2021-021 to B2021-023 654 Rockway Drive Paul and Flora Nelson The owner/applicant is proposing a severance to create a total of four residential lots to accommodate two semi-detached dwellings on the subject property. Regional Fee: Regional Staff confirm receipt of the required consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00). Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on King Street East (Regional Road #08) and Charles Street. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: Document Number: 3615619 Version: 1 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". 3) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: "The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Document Number: 3615619 Version: 1 Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. B2021-024 59 Carisbrook Drive 59 Carisbrook Drive Ltd. The owner/applicant is proposing a lot addition to 34 Hillcrest Lane. The severed lands reflect the `surplus' lands on Carisbrook Drive and will form part of the rear yard of 34 Hillcrest Lane. Regional Fee: Regional Staff confirm no fee is required. The Region has no objection 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, Matthew Colley, Planner, MCIP, RPP Document Number: 3615619 Version: 1 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Dumart, Craig, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: April 8, 2021 REPORT NO.: DSD -2021-50 SUBJECT: Consent Applications B2021-021, B2021-022, B2021-023 654 Rockway Drive Owners: Adam Szuba, Tracy Szuba Applicant: Dave Galbraith, IBI Group RECOMMENDATION: That applications B2021-021, B2021-022, & B2021-023 for consent to create three new lots and retain one lot to be used for semi-detached dwellings 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 pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $11,412.60. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provides 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 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. 4. 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. 5. 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. 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. 8. 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. 9. That the Owner obtains a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the lots. 10. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures that are to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning." 11. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The application is requesting to create three new lots and retain one lot equal in size to be used for semi- detached dwellings. 1 2.46± 8.04± �12� � A 141 134 134 1.34 PIN 22580-001 (LT) 2580-0014 (L T) 22580- 0015 (LT) PARLELB PAR. ELL PPR LD _ LANDS TO BE AN 16 BE -N T'SEVEREDSE4'E D les m. 263 .m. 1 +1 1{2—SIrOPEY6RICK ORGY BRICFSI +I � �-LLING PROPOSED pq pmmd44ELLINGI)WELLING1.62 • r� ry ,2 l r RO KWAY DRIVE (ESTABLISHED BY REGISTERED PLAN 347) PIN 22580-005-9 (LT) Proposed lot fabrics Location Map: 654 Rockway Drive REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property is proposed to be demolished and replaced with two semi-detached dwellings on the severed and retained lands (four units in total). The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. The Owner is requesting permission to sever the subject lands into four equal sized lots. The severed lots (Parcels B, C and D ) would have lot frontages of 8.38 metres and an area of 263 square metres, while the retained lot (Parcel A) would also have a lot frontage of 8.38 metres, and an area of 263 square metres. The proposed lot widths and lot areas of the lots exceed the minimum R-4 zone lot width and lot area requirements. The applicant has also provided a concept plan showing the proposed semi-detached dwelling building footprints which demonstrates the new buildings will be in full compliance with the Appendix "H" (Zoning By-law 85-1) front yard setback requirements. The Appendix "H" front yard setback requirement applies to established residential neighbourhoods which ensures new infill development front yard setbacks are compatible with adjacent residential building front yard setbacks. City Planning staff conducted a site inspection of the property on April 1, 2021 Existing single detached dwelling at 654 Rockway Drive 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. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The lands front onto a public street and full services are available. 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 demolition of all existing buildings, as well as construction of all new residential buildings. Heritage Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 654 Rockway Drive is located within the Rockway Neighbourhood, Gardens and Golf Course CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: The owner is required to enter into an agreement registered on title of both the severed and retained lands to submit, obtain approval of, and implement a Tree Preservation / Enhancement Plan prior to grading, building permit etc. Transportation Services Comments: Transportation Services has no concerns with the proposed application. 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 service connections 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 Niall Melanson (niall.melanson@kitchener.ca). • The owner shall extend the municipal storm sewer or implement a suitable design solution for a sump pump outlet to the satisfaction of the Engineering Division. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system, will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure 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. Parks/Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcels as 3 new development lots will be created. The cash -in -lieu dedication required is $11,412.60. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (24.81 m (3x8.27m)) at a land value of $9,200 per frontage meter. Existing Street Trees are located in the boulevard of 654 Rockway Drive. Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property. It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-46CB Fax: 519-575-4466 www. reglonofwate ri oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT April 9, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-015 to 62021- 024 Committee of Adjustment Hearing April 20, 2021 CITY OF KITCHENER B2021-015 83 Elmsdale Drive Novacore (83 Elmsdale Drive) Inc. The owner/applicant is proposing to create a 5 metre wide easement for sanitary service connections from Ottawa Street. Water Services: Regional Staff advise that Section B.2.12.3 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020 states: • No more than one individual property shall be serviced by the same service regardless of ownership. • In situations where a fire service is required due to infilling or site development after the water distribution system has been installed, private hydrants can be supplied by a separate service at the discretion of the municipality as long as it can be demonstrated that the fire line service will not be interconnected now or later with the domestic water system. • In the case of multi -unit blocks, on-site servicing can be arranged to the property owner's convenience, however, there shall only be one service from the municipal system. • In unique circumstances and with the approval by the Chief Municipal Engineer, more than one service may be allowed to one property. However, a testable Document Number: 3615619 Version: 1 backflow preventer in accordance with CAN/CSA-B64-10 shall be installed on each service to eliminate the possibility of system flow through private property." The Region has no objection to the proposed application. B2021-016 83 Second Avenue Revalue Properties Inc. The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of two semi-detached dwellings. 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Conestoga Parkway (Highway 7/8). Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 3615619 Version: 1 indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). 3) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. c) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)." Document Number: 3615619 Version: 1 B2021-017 82 Pattandon Avenue Ellen and Kevin Genova The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of a semi-detached dwelling on each 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Ottawa Street South and rail noise from CN Railway mainline. Regional Staff recommend that the owner/applicant undertake a detailed environmental (road and railway) noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots and determine the necessary noise attenuation measures for the proposed dwellings. The recommendations of the detailed noise study will be implemented through a registered agreement with the City of Kitchener Alternatively, in lieu of an Environmental Noise Study, the following noise attenuation measures must be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. 3) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed Document Number: 3615619 Version: 1 the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 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 fights -of - way. 4) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. Airport Zoning: The subject property falls within the Region of Waterloo International Airport Aeronautical Zoning Regulated area, specifically under the runway take -off approach surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning Regulations. Although there would not be any airport specific concerns for the proposed dwellings, the applicant(s) must complete and submit the necessary Form(s) as may be required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCam pbel l(a-)-reg ion ofwaterloo.ca Document Number: 3615619 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. d. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 Document Number: 3615619 Version: 1 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 fights -of - way. B2021-018 to B2021-020 942 Doon Village Road Elev8 Properties Inc. The owner/applicant is proposing a severance to create a total of four residential lots. The existing single detached dwelling would be removed on the retained lands. The severed lands will have a shared access with the retained lands. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00) prior to final approval of the consent. Water Services: The subject property is located in Kitchener Zone 2w with a static hydraulic grade line of 361 mASL. Any development with a finished road elevation below 304.6 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. Environmental Noise: The proposed dwellings on severed and retained lots will have impacts from transportation noise from traffic on Doon Village Road. A detailed environmental noise study will be required to assess the impacts of transportation noise from traffic on Doon Village Road and determine the required noise attenuation measure, as may be required for the proposed dwellings on severed and retained lots. Due to abruptly changing grades on the property, an accurate assessment of noise levels should be made in the noise report at various locations i.e. facades, living rooms, sleeping rooms and OLA's based on the proposed grades/finished elevations of the proposed dwelling units. The recommendations of the noise study will be implemented through a registered agreement with the City of Kitchener, as a Regional condition for the above application. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, Document Number: 3615619 Version: 1 submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with one electronic copy of the report to the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.Perm itcentral.ca/Permit/GroupApply?groupld=3 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 complete an Environmental Noise Study and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. B2021-021 to B2021-023 654 Rockway Drive Paul and Flora Nelson The owner/applicant is proposing a severance to create a total of four residential lots to accommodate two semi-detached dwellings on the subject property. Regional Fee: Regional Staff confirm receipt of the required consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00). Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on King Street East (Regional Road #08) and Charles Street. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: Document Number: 3615619 Version: 1 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". 3) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: "The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Document Number: 3615619 Version: 1 Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. B2021-024 59 Carisbrook Drive 59 Carisbrook Drive Ltd. The owner/applicant is proposing a lot addition to 34 Hillcrest Lane. The severed lands reflect the `surplus' lands on Carisbrook Drive and will form part of the rear yard of 34 Hillcrest Lane. Regional Fee: Regional Staff confirm no fee is required. The Region has no objection 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, Matthew Colley, Planner, MCIP, RPP Document Number: 3615619 Version: 1 April 8, 2021 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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-grand river. 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 Re: The Dissolution and Destruction of the Rockway Drive Neighbourhood We have been advised that the single family residence at 654 Rockway Drive has been sold to an individual who does not live on our street and who has no ties or connections to our neighbourhood. We have also learned that, despite this person's repeated verbal assurances to the contrary, he wishes to proceed as quickly as possible with the demolition of this home. Change is inevitable. It happens. But change can be positive, it can be neutral, or change can be negative. One of the first changes that would occur with this demolition is the cutting down and removal of approximately 8 or 9 mature and semi -mature trees on the front lawn, and an equal number of mature and semi -mature trees in the sides and back yard. Is the cutting down of this number of trees a positive change? Definitely not. It is most certainly a negative change. Additionally, the expansive lawns and gardens would be removed and paved over as parking spots or driveways. Is this destruction and elimination of green spaces a positive change? Definitely not. Again, it is most certainly a negative change. The proposed changes would increase the existing single driveway to four driveways. Other than this one home, all other homes on our street have been sold to single families with young children. This neighbourhood is in transition from older families to younger families. Other than the obvious threat of heavy equipment operating around the yards of young children playing outdoors, there would be the long-term and continuing safety risk of 4 new driveways with much- increased vehicular activity. Is this increased and continuing risk to children's safety a positive change? Again, definitely not. It is most certainly a negative change. With so many vacant lots available in desirable locations throughout Kitchener, and available for the social goal of infilling, and needing no destruction, and without any negative change implications, why should this demolition proceed with so many negative concerns and no positive aspects? When the previous family/owners decided that the time was right for their family to sell this treasured and valued family home, they repeatedly expressed their adamant wish to the real estate agent, that this property be sold to, and continued as, a single family home. Did they tell the real estate agent "Get as much money as you can" ? No. Did they tell the real estate agent " Fight for every additional dollar that you can get" ? No. A fair price, to be sure, but equally important was their repeated instructions to sell to someone who desired to keep this as a single family home. This purchaser/new owner heard this wish and stated that this was his family's intention. Of course, we know now that even as he spoke these words, his plans were the very opposite. Is it illegal to personally gain from others who have relied upon the truthfulness of one's verbal assurances? Not in this factual situation. But is it morally and ethically reprehensible? Many people would thing it is. One thing that is certain, though, is that this purchaser, by his own doing and by his own volition, has put his own credibility at issue. We elect people to be our Municipal Officials because we trust them to listen to our concerns and give careful attention and concern to our values, and to speak on our behalf in front of their fellow Council Members. We hope that this will be. Christine and Jim Axler i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: April 9, 2021 REPORT NO.: DSD -21-051 SUBJECT: Minor Variance Application A2021-034 & Consent Application B2021-024 59 Carisbrook Drive Owner- 59 Carisbrook Dr. Ltd. Applicant: - Matthew Warzecha RECOMMENDATION: 1. That application A2021-034 for minor variance to recognize the existing lot with frontage onto a private lane rather than a public street for the purposes of a lot addition in application B2021-024 be approved (AS AMENDED) 2. That application B2021-024 for consent to sever a parcel of land being irregular in shape at the rear of the property having a width of 38.71m, a westerly depth of 33.22m and an area of 503 sq. m. to be conveyed as a lot addition to the property municipally addressed as 34 Hillcrest Lane 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 PDF and either .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 provides a building code assessment as it relates to the new proposed property line to the satisfaction of the Chief Building Official. The building code assessment relates to the new proposed property line and any of the buildings adjacent to this new property line and shall address such items as spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4. That the lands to be severed are to be added to the abutting lands and title is to be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. REPORT HIGHLIGHTS: The application is requesting a lot addition by severing a portion of an existing lot containing a single detached dwelling and conveying it to another adjacent lot (lot line adjustment). IfiLLCRtSr LAME ! '. 'rt i 4W sa 65 Location Map: 59 Carisbrook Drive REPORT: BACKGROUND: The property is designated as Natural Heritage Conservation in the City's Official Plan and identified as a Green Area on the City's Urban Structure Map. The property is split -zoned as Residential Three Zone (R-3) and Hazard Land Zone (P-3) in Zoning By-law 85-1. Planning Comments: A portion of the lot at 59 Carisbrook Drive is proposed to be conveyed to 34 Hillcrest Lane as a lot addition. No new lot will be created. Both lots contain a single detached dwelling and no changes to either building is proposed. Staff acknowledges that the subject property at 59 Carisbrook does not have safe access and does not front onto a public street. Staff does not support any further development for these lands. However, Staff considers this application to be a lot line adjustment only and recognizes that this application does not permit new development or future development of this lot, only the existing uses are currently permitted. The severed portion of 59 Carisbrook that would be conveyed to 34 Hillcrest Lane would have an irregular shape and would have a width of 38.71 metres, a westerly depth of 33.22 metres and an area of 503 square metres. The retained lot would have a lot width of 44.21 metres, a depth of 33.14 metres, and an area of 1013.3 square metres. City Planning staff conducted a site inspection of the property on March 31, 2021. n k 1� .s° iir,�4 {� y r} +Kp Existing single detached dwelling at 59 Carisbrook Drive (March 31, 2021) Lot addition: With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for a lot addition. The retained lot meets the zoning by-law as per the section 5.15 (existing uses). Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that Consent Application B2021-024 requesting to sever a portion of the lot at 59 Carisbrook as a lot addition to 34 Hillcrest Lane be approved subject to the conditions listed in the recommendation section of this report. Minor Variance (frontage onto a private lane): In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The Official Plan requires that new lots created through land division shall have frontage onto a public street. However, the lot at 59 Carisbrook is already existing and no new development lots will be created through this application. Therefore, the proposed variance to recognize the existing lot that fronts onto a private lane meets the general intent of the Official Plan. General Intent of the Zoning By-law The proposed variance meets the general intent of the Zoning By-law. The intent of the regulation that requires frontage onto a public street is to ensure safe access and the provision of municipal services. The lot at 59 Carisbrook Drive is existing and has municipal water service. No new development lots will be created as part of this application, as it is simply a lot line adjustment and therefore, the requested variance meets the general intent of the Zoning By-law. Is the variance appropriate? The proposed variance is simply to recognize an existing lot through the consent application for lot addition. No development is proposed with this application and no adverse impacts are expected for neighbouring properties. Staff is of the opinion that the proposed variance will not negatively impact the use of the property or the surrounding neighbourhood. Is the variance minor? The variance is considered minor as the lot is existing and no other changes are proposed outside of lot line adjustments. VAL MUNICIPALITY -,F *ATERLOC I n. �C' JD0 tyti kVE CONSUL7AN75. A UTASICN OF ..7 13ARNES UYRED - � 41 IPAL ADURE55: 59 CAR15RROOK DRIVE, 7i 4C7, KITCHENER R V NW SS G. R-3 eR h 63 A ..� �Rr �>IM 11.IR P= -.CNOQDDOB oF cep, -,2"E •-ter hl 5 ( tra$ oT ,% &T) RN 22,0- 12, CO 14 E 5 36 ZONING: R3 -IR Y c 4�w �V Si 8 a h oti 4'� 4i'�yd 6 a3-A It' '$ / 4? ca Z? A -,,L a s" lata as o, (L r) f* / ZONING: R,ir1R LANDS AREA:1 fm7 B qv / q 7 F waYa7Nf4 }Rr0 (TR Av LLED RIGHT 0 WAY) -- Proposed Lot Fabric Building Comments: The Building Division has no objections to the proposed applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. A separate building permit will be required for the removal of the detached garage on the retained lands. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: As there is no new lot being created, Environmental Planning has no concerns with the applications. Transportation Services Comments: Due to the properties existing location that fronts onto a private road, the City of Kitchener will not be seeking any funds for future sidewalk. Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments. Operations Comments: Parkland dedication is not required for this application as no new developable lot has been created. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: None. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-46CB Fax: 519-575-4466 www. reglonofwate ri oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT April 9, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-015 to 62021- 024 Committee of Adjustment Hearing April 20, 2021 CITY OF KITCHENER B2021-015 83 Elmsdale Drive Novacore (83 Elmsdale Drive) Inc. The owner/applicant is proposing to create a 5 metre wide easement for sanitary service connections from Ottawa Street. Water Services: Regional Staff advise that Section B.2.12.3 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020 states: • No more than one individual property shall be serviced by the same service regardless of ownership. • In situations where a fire service is required due to infilling or site development after the water distribution system has been installed, private hydrants can be supplied by a separate service at the discretion of the municipality as long as it can be demonstrated that the fire line service will not be interconnected now or later with the domestic water system. • In the case of multi -unit blocks, on-site servicing can be arranged to the property owner's convenience, however, there shall only be one service from the municipal system. • In unique circumstances and with the approval by the Chief Municipal Engineer, more than one service may be allowed to one property. However, a testable Document Number: 3615619 Version: 1 backflow preventer in accordance with CAN/CSA-B64-10 shall be installed on each service to eliminate the possibility of system flow through private property." The Region has no objection to the proposed application. B2021-016 83 Second Avenue Revalue Properties Inc. The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of two semi-detached dwellings. 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Conestoga Parkway (Highway 7/8). Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Document Number: 3615619 Version: 1 indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). 3) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. c) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)." Document Number: 3615619 Version: 1 B2021-017 82 Pattandon Avenue Ellen and Kevin Genova The owner/applicant is proposing a severance to create a new residential lot to facilitate the construction of a semi-detached dwelling on each 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. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on Ottawa Street South and rail noise from CN Railway mainline. Regional Staff recommend that the owner/applicant undertake a detailed environmental (road and railway) noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots and determine the necessary noise attenuation measures for the proposed dwellings. The recommendations of the detailed noise study will be implemented through a registered agreement with the City of Kitchener Alternatively, in lieu of an Environmental Noise Study, the following noise attenuation measures must be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. 3) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed Document Number: 3615619 Version: 1 the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 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 fights -of - way. 4) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. Airport Zoning: The subject property falls within the Region of Waterloo International Airport Aeronautical Zoning Regulated area, specifically under the runway take -off approach surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning Regulations. Although there would not be any airport specific concerns for the proposed dwellings, the applicant(s) must complete and submit the necessary Form(s) as may be required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCam pbel l(a-)-reg ion ofwaterloo.ca Document Number: 3615619 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b. The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. d. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This unit has supplied with central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." 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 Document Number: 3615619 Version: 1 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 fights -of - way. B2021-018 to B2021-020 942 Doon Village Road Elev8 Properties Inc. The owner/applicant is proposing a severance to create a total of four residential lots. The existing single detached dwelling would be removed on the retained lands. The severed lands will have a shared access with the retained lands. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00) prior to final approval of the consent. Water Services: The subject property is located in Kitchener Zone 2w with a static hydraulic grade line of 361 mASL. Any development with a finished road elevation below 304.6 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. Environmental Noise: The proposed dwellings on severed and retained lots will have impacts from transportation noise from traffic on Doon Village Road. A detailed environmental noise study will be required to assess the impacts of transportation noise from traffic on Doon Village Road and determine the required noise attenuation measure, as may be required for the proposed dwellings on severed and retained lots. Due to abruptly changing grades on the property, an accurate assessment of noise levels should be made in the noise report at various locations i.e. facades, living rooms, sleeping rooms and OLA's based on the proposed grades/finished elevations of the proposed dwelling units. The recommendations of the noise study will be implemented through a registered agreement with the City of Kitchener, as a Regional condition for the above application. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, Document Number: 3615619 Version: 1 submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with one electronic copy of the report to the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.Perm itcentral.ca/Permit/GroupApply?groupld=3 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 complete an Environmental Noise Study and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. B2021-021 to B2021-023 654 Rockway Drive Paul and Flora Nelson The owner/applicant is proposing a severance to create a total of four residential lots to accommodate two semi-detached dwellings on the subject property. Regional Fee: Regional Staff confirm receipt of the required consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00). Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 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. Environmental Noise: Regional Staff note that the proposed severed and retained lands may have impacts from road noise on King Street East (Regional Road #08) and Charles Street. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: Document Number: 3615619 Version: 1 1) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. 2) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". 3) That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: "The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Document Number: 3615619 Version: 1 Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". ii. "This dwelling has been fitted with a forced air -ducted heating system and 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". c. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. B2021-024 59 Carisbrook Drive 59 Carisbrook Drive Ltd. The owner/applicant is proposing a lot addition to 34 Hillcrest Lane. The severed lands reflect the `surplus' lands on Carisbrook Drive and will form part of the rear yard of 34 Hillcrest Lane. Regional Fee: Regional Staff confirm no fee is required. The Region has no objection 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, Matthew Colley, Planner, MCIP, RPP Document Number: 3615619 Version: 1 Region of Waterloo April 07, 2021 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 (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these Document Number: 3616590 Page of 2 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 C (226) 753-0368 2 Docs #3573963 Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca PLAN REVIEW REPORT: Dianna Saunderson City of Kitchener DATE: FILE: April 8, 2021 Consent — 59 Carisbrook Drive RE: Minor Variance Application A2021-034 Consent Application B2021-024 59 Carisbrook Drive / 34 Hillcrest Lane 59 Carisbrook Drive Limited GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with the application. Any future development is subject to GRCA policies. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands contain a floodplain and an erosion hazard. 2. Legislative/Policy Requirements and Implications: Due to the presence of the resource features listed above, the GRCA regulates the whole of the properties under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development will require a permit from the GRCA pursuant to Ontario Regulation 150/06. This is a proposed lot line adjustment within the hazard, and will convey land from 59 Carisbrook Drive to 34 Hillcrest Lane. We have no concerns with the proposal. While we support the consent application, we advise the owners of both properties that the whole of the properties remain regulated. No new development is permitted in the erosion hazard or floodplain, and there are restrictions that apply for any development associated with existing uses. The GRCA should be consulted at the earliest opportunity if any development is contemplated on either property. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River 3. Review Fees: This application is considered a minor consent, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $430. We will send an invoice to the applicant. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywoodQgrandriver. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Attachment C.C. 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