HomeMy WebLinkAboutCA - 2017-11-21 - CombinedCOMMITTEE OF ADJUSTMENT
UNFINISHED BUSINESS AGENDA
November 21, 2017 - 9:30 a.m.
MINOR VARIANCE APPLICATION
1. Submission No.: A 2017-100
Applicant: Margaret -Victoria Holdings Inc.
Property Location: 64 Margaret Avenue & 217, 225 and 229 Victoria Street North
Legal Description: Part Lots 55, 85 to 88, 192 & 199, Plan 374, being Parts 1 & 3 on
Reference Plan 58R-2542
Permission to construct a 17 -unit 2.5 -story apartment building and a 94 -unit 6 -storey
apartment building having a rear yard setback of 3m rather than the required 7.5m; to permit a
maximum building height of 21.6m rather than the permitted maximum building height of
16.5m; a setback of 10.5m abutting Margaret Avenue rather than the required 15m; a southerly
side yard setback of 10.7m rather than the required 15m; a northerly side yard setback of 2.4m
rather than the required 3m; and, to provide 73 off-street parking spaces (0.97 per/unit) rather
than the required 75 off-street parking spaces (1 per/unit).
1 THE CITY OF KITCHENER Kitchener City Hall
COMMITTEE OF ADJUSTMENT 200 King St
NOTICE OF HEARING Box 1118
n Kitchener ON N2G 4G7
KITC HENF. �! Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594
As amended and Ontario Regulations 197/96 and 200/96, as amended. holly. dyson@kitchener.ca
TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY,
November 21, 2017, commencing at 10:00 a.m., in the Conestoga Room, Main Floor, Kitchener
City Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for
Minor Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor.
You have received this notice pertaining to the application number referenced on the front of
your envelope. Anyone having an interest in any of these applications may attend this meeting.
Copies of written submissions and public agencies' comments are available on Friday afternoon prior
to the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using
the calendar of events, see the meeting date for more details.
APPLICATIONS FOR MINOR VARIANCE — CHAPTERS 680 (SIGNS) & 630 (FENCES) OF THE
MUNICIPAL CODE
The recommendations of the Committee of Adjustment on Minor Variances to Chapters 680 (Signs) and 630 (Fences) of the
Municipal Code will be forwarded to City Council for final approval.
SG 2017-016 - 121 Westmount Road East
Permission to legalize a ground -supported sign having automatic changing copy located 27m from a
residential zone rather than the required 100m setback.
SG 2017-017 — 1201 Fischer Hallman Road
Permission to erect two ground -supported signs, one fronting onto Fisher Hallman Road and one fronting
onto Bleams Road, both having heights of 3.15m rather than the permitted maximum height of 2m.
APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT
A 2017-104 - 317 Greenbrook Drive
Permission to convert an existing carport into a garage located in the northerly side yard of a single
detached dwelling having a sideyard setback of 0.6m rather than the required 1.2m.
A 2017-105 - 2399 Kingsway Drive, Unit 7
Permission to establish a Retail Use in a C-6 Zone whereas the By-law does not permit a Retail Use within
this Zone.
A 2017-106 - 31 Cherry Street
Permission to legalize an existing 4-plex in a R-5 Zone, whereas the By-law does not permit a 4-plex within
an R-5 Zone.
A 2017-107 — 386 Southill Drive
Permission to legalize an existing single detached dwelling with an attached garage having a side yard
setback for the garage of 0.68m rather than the required 1.2m; a garage width of 72% of the total lot width
rather than the maximum permitted of 70%; and, for the driveway to have a width of 85% of the total lot
width rather than the permitted maximum of 50%.
Page 1 of 4
A 2017-108 - 42 Marlis Crescent
Permission to construct a sunroom addition in the easterly side yard at the rear of an existing single
detached dwelling having a side yard setback of 1.119m rather than the required 1.2m.
B 2017-032 - 101 Mount Hope Street
Permission to sever a parcel of land having a width of 3.08m, a depth of 27.432m and an area of 84.49
sq.m. to be conveyed as a lot addition to 105 Mount Hope Street. The retained land will have a width of
15.2m, a depth of 27.432m and an area of 416.966 sq.m. Both parcels are intended for residential
development.
B 2017-033 - 379-389 Queen Street South, 399 Queen Street South and 168 Benton Street
Permission to sever a parcel of land municipally addressed as 399 Queen Street South and 168 Benton
Street, one having a width on Queen Street South of 31.992m and one having a width on Benton Street of
16.764m, an overall depth of 123.388m and an area of 3214 sq.m. to be conveyed as a lot addition to the
properties municipally addressed as 170-172, 176 and 180 Benton Street. The retained land municipally
addressed as 379-389 Queen Street South has a width on Queen Street South of 41.2m, a depth of
84.03m and an area of 3612 sq.m. The property is subject to Site Plan Approval application
SP17/015/Q/GS. For more information on the Site Plan Application please call: 519-741-2426
B 2017-034 to B 2017-037 - Courtland Avenue East and Blockline Road
Permission to sever 3 lots for commercial/residential development and retain 1 lot. All lots will have
frontage on Courtland Avenue East and will have the following dimensions:
B 2017-034 - (Severance 1 — Corner of Courtland Avenue East and Blockline Road)
Width (on Courtland Avenue East) - 88.60m
Depth (on Blockline Road) - 66.86m
Area - 5750 sq. m.
Subject to an `L' shaped easement having a width of 9m across the entire front of the property to the
benefit of the lots to be created through B 2017-035, B 2017-036 and the retained lands for storm water
services.
B 2017-035 - (Severance 2)
Width (on Courtland Avenue East) - 90.60m
Depth - 66.70m
Area - 6151 sq. m.
Subject to two easements totaling 6m wide across the front of the property, one easement being 3m wide
intended for sanitary services, the second being 3m wide intended for storm water services to the benefit of
the lots to be created through B 2017-034, B 2017-036 and the retained lands.
B 2017-036 - (Severance 3)
Width (on Courtland Avenue East) - 73.15m
Easterly Depth - 71.05m
Area - 5397 sq. m.
Subject to two easements totaling 16.3m wide across the front of the property, one easement being 3m
wide intended for sanitary services, the second being 13.3m wide for storm water services to the benefit of
the lots to be created through B 2017-034, B 2017-035 and the retained lands.
Page 2 of 4
B 2017-037 - (Retained Lands)
Width (on Courtland Avenue East) - 94.46m
Easterly Depth - 77.02m
Area - 8305 sq. m.
Subject to an easement having a width of 8m and an approximate depth of 68.9m near the front of the
property to the benefit of the lots to be created through B 2017-034 to B 2017-036 for storm water services.
B 2017-038, B 2017-039 and A 2017-109 - 125 Margaret Avenue
Permission to sever a parcel of land having a width of 12.047m, a depth of 26.518m and an area of 319
sq.m. Permission is also being requested to grant easements on the severed and retained lands having a
width on each property of 3m, a depth of 26.518m and an area of 79.554 sq.m. for driveway access. The
retained land will have a width of 13.427m, a northerly depth of 39.091m and an area of 519 sq.m. A minor
variance will also be required for the retained land to permit a lot width of 13.427m rather than the required
15m. The retained land will contain an existing triplex and the severed land is proposed for a duplex.
B 2017-040, A 2017-110 and A 2017-111 - 100-110 Fergus Avenue
Permission to sever an irregular-shaped parcel of land having a width on Fergus Avenue of 87.578m, an
easterly depth of 115.550m and an area of 14,278.1 sq.m. The retained land will be irregular in shape
having a width on Fergus Avenue of 81.715m, a northerly depth of 157.364m and an area of 12,727.9
sq.m. Permission is also being requested for minor variances on the severed land to have a rear yard
setback of 7.25m rather than the required 7.5m; a westerly side yard setback of 5.63m rather than the
required 6m; a Om setback between lots containing lodging houses rather than the required 400m; and, to
have 64 off-street parking spaces rather than the required 94 off-street parking spaces. Permission is also
being requested for minor variances on the retained land to have a side yard abutting Weber Street of
3.97m rather than the required 6m; a rear yard setback of 6m rather than the required 7.5m; and, a Om
setback between lots containing lodging houses rather than the required 400m.
B 2017-041, B 2017-042, A 2017-112 and A 2017-113 - 27 Bismark Avenue
Permission to sever a parcel of land having a width of 10.401 m, a depth of 53.046m and an area of 536.3
sq.m.; and, to grant an easement over the severed land having a width of 1.524m, a depth of 28m and an
area of 42.672 sq.m. in favour of the retained land for mutual driveway access. The severed land will also
require minor variances to permit a front yard setback of 1.7m rather than the required 4.5m; and, to permit
a Driveway Visibility Triangle (DVT) of 3.2m rather than the required 4.57m DVT. The retained land will
have a width of 10.401m, a depth of 52.845m and an area of 535.3 sq.m.; and, will require permission to
grant an easement having a width of 1.524m, a depth of 28m and an area of 42.672 sq.m. in favour of the
severed land for mutual driveway access. The retained land will also require minor variances to permit a
front yard setback of 2.7m rather than the required 4.5m; and, to permit a Driveway Visibility Triangle
(DVT) of 2.7m rather than the required 4.57m DVT.
B 2017-043 to B 2017-047 and A 2017-114 to A 2017-119 — Plan of Subdivision 58M-569 of Part of Lot
13, Biehn's Tract (Rockcliffe Drive)
Permission to convey various lot additions and one severance to create 6 lots from what is currently
identified as 5 lots in a Plan of Subdivision. Permission is also being requested for minor variance
applications to legalize the lots once created.
B 2017-047 and A 2017-118 - 19 Rockcliffe Drive
Permission to sever a parcel of land having a width of 1.321 m, a depth of 35m and an area of 46.235 sq.m.
to be conveyed as a lot addition to 15 Rockcliffe Drive. Permission is also being requested for the future lot
to be municipally addressed as 19 Rockcliffe Drive (Part 1) to have a lot width of 10.973m rather than the
required 11.5m.
Page 3 of 4
B 2017-046 and A 2017-117 - 15 Rockcliffe Drive
Permission to sever a parcel of land having a width of 3.861m, a depth of 35m and an area of 135.135
sq.m. to be conveyed as a lot addition to 11 Rockcliffe Drive, and to grant a maintenance easement in the
easterly side yard having a width of 0.61m in favour of 11 Rockcliffe Drive. Permission is also being
requested for the future lot to be municipally addressed as 15 Rockcliffe Drive (Parts 2, 3 and 11) to have a
lot width of 9.754m rather than the required 11.5m.
B 2017-045 and A 2017-116 - 11 Rockcliffe Drive
Permission to sever a parcel of land having a width of 6.401m, a depth of 35m and an area of 224.035
sq.m. to be conveyed as a lot addition to 7 Rockcliffe Drive, and to grant a maintenance easement in the
westerly side yard having a width of 0.61m in favour of 15 Rockcliffe Drive. Permission is also being
requested for the future lot to be municipally addressed as 11 Rockcliffe Drive (Parts 4, 5 & 12) to have a
lot width of 9.754m rather than the required 11.5m.
B 2017-044 and A 2017-115 - 7 Rockcliffe Drive
Permission to sever a parcel of land having a width of 7.722m, a depth of 35m and an area of 270.27sq.m.
to be conveyed as a lot addition to 3 Rockcliffe Drive. Permission is also being requested for the future lot
to be municipally addressed as 7 Rockcliffe Drive (Parts 6 & 7) to have a lot width of 10.973m rather than
the required 11.5m.
B 2017-043, A 2017-119 and A 2017-114 - 5 and 3 Rockcliffe Drive
Permission to sever a parcel of land having a width of 16.143m, a depth of 35m and an area of
575.894sq.m. and will be municipally addressed as 3 Rockcliffe Drive. The retained lands will have an
overall width of 9.144m after receiving a lot addition through Consent Application B 2017-044, a depth of
35m and an area of 320.04 sq.m. and will be municipally addressed as 5 Rockcliffe Drive. Permission is
also being requested for a minor variance for 5 Rockcliffe Drive to permit a lot width of 9.144m rather than
the required 11.5m; and, a minor variance for 3 Rockcliffe Drive to permit a side yard abutting an arterial
road of 6m rather than the required 12m.
CC 2017-001 - 369 and 375 Frederick Street
Permission to change the conditions of Provisional Consent application B 2017-019, granted by the
Committee of Adjustment on July 18, 2017, to include an additional condition granting a servicing
easement identified as Part 4 on the plan submitted with the application over the severed parcel (Parcel B)
in favour of the retained parcel (Parcel A) for servicing.
• 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 Ontario Municipal Board may dismiss the appeal;
• if you wish to be notified of a decision you must make 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 Ontario Municipal Board 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 3rd day of November 2017.
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 NOVEMBER 3, 2017.
Page 4 of 4
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REPORT TO: Committee of Adjustment
DATE OF MEETING: November 21, 2017
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070
APPLICATION #: A2017-100
ADDRESS: 64 Margaret Ave. & 217, 225, & 229 Victoria St. N.
PROPERTY OWNER: Margaret -Victoria Holdings Inc.
SUMMARIZED
RECOMMENDATION: Approve
DATE OF REPORT: November 10, 2017
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Subject Property: 64 Margaret Ave. & 217, 225, & 229 Victoria St. N.
Report:
Application A2017-100 is seeking minor variances for the future redevelopment of this property
with two multiple dwelling buildings, one 3 storey building with 17 units fronting onto Margaret
Avenue and one 6 storey building with 94 units fronting onto Victoria Street North.
Specifically, the following relief is being sought as part of this application;
• Relief from Section 53.2.1 to permit a rear yard of 3.0 metres whereas a minimum of 7.5
metres is required,
• Relief from Section 561 of Appendix D to permit a setback of 10.505m from Margaret
Avenue whereas a minimum of 15.0 metres is required, and a side yard setback of
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2.44m whereas 3.Om is required, and to permit a setback from 54 Margaret Ave of
10.7m whereas 15.Om is required,
• Relief from Section 561 and 562 of Appendix D to permit a building height of 21.6 metres
whereas 16.5 metres is permitted, and
• Relief from Section 6.1.2.a to permit 73 off-street parking spaces where as 75 spaces
are required.
Consideration of Application A2017-100 was deferred by the Committee of Adjustment on
October 17, 2017 to give Planning staff time to hold a public meeting to provide interested
residents with additional information on the minor variance application. Similarly, consideration
of the related Heritage Permit application was deferred on October 16, 2017 by Kitchener City
Council.
Planning staff held an informal information meeting regarding the proposed minor variance
application on October 26, 2017 which was attended by approximately 30 residents. Interested
residents have provided their input in writing and some have signed a petition, all of which will
be provided to the Committee of Adjustment prior to the meeting held on November 21, 2017.
Kitchener City Council ultimately approved the Kitchener Heritage Permit Application on
November 6, 2017. Council's resolution on the Heritage Permit application was for approval
with conditions, but included language that noted approval of the subject Heritage Permit
application was not a comment on the proposed variance for building height.
Following the informal public information meeting and the Council meeting, the Developer has
prepared a revised development concept featuring the following notable changes;
• the building has been redesigned to sit lower in the ground, resulting in a lower building
height of 18.5 metres from highest finished grade,
• the main floor ceiling height has been reduced from 4.5 metres to 4.2 metres, resulting in
a lower exterior building height,
• as a result of the building being lower in the ground, a portion of the front terrace is now
at or near grade and the pedestrian ramp in the exterior side yard has been eliminated,
the number of stairs required along Victoria Street will be reduced and may be
eliminated altogether, which will be confirmed through the final grading plans,
• the location of the in -ground garage and recycling collection bins have been moved to
the interior of the site and out of the exterior landscape buffer,
• internal changes have been made to convert four of the smaller units to larger units, and
while the net amount of units has not changed, the larger units require a higher parking
requirement, resulting in the need for 3 additional parking spaces on-site, resulting in a
smaller landscape buffer in the southeast corner of the property, and
• five additional parking spaces are provided within the surface parking lot and the
underground parking garage, resulting in one barrier -free space being located closer to
Margaret Avenue than the previous concept.
As a result, the Applicant has revised their application as follows:
• The request for relief from Section 6.1.2.a to permit a parking reduction has been
withdrawn,
• The request for relief from Section 561 and 562 of Appendix D to permit an increased
building height has been revised to 18.5 metres from 21.6 metres.
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Planning Comments:
The subject properties are designated as Mixed Use Corridor and as Medium Density Multiple
Residential in the City's Civic Centre Neighbourhood Secondary Plan (Official Plan).
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Except: Civic Centre Neighbourhood Plan for Land Use (Secondary Plan)
The property is zoned Low Intensity Mixed Use Corridor Zone (MU -1) with Special Use
Provision 167U, Special Regulation Provision 561R (64 Margaret Avenue only) and 562R (217,
225, & 229 Victoria Street North only). The MU -1 zone permits a variety of residential and non-
residential land uses, including multiple dwellings. Special Use Provision 167U provides
additional regulations for retail and personal services. Special Regulation 561R requires a
minimum setback from the property line shared with the properties municipally addressed as 54
and 30 Margaret Avenue to be 15.0 metres, permits a maximum building height of 16.5 metres,
requires a minimum setback from the Margaret Avenue street line of 15.0 metres, and requires
a minimum side yard setback of 3.0 metres. Special Regulation 562R permits a maximum
building height of 16.5 metres.
Map 2 — Existing Zoning
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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:
The requested variances meet the general intent of the Civic Centre Secondary Plan and
the City's Official Plan.
Portions of the new Official Plan for the City of Kitchener are under appeal. The Civic
Centre Secondary Plan is in effect and was not reviewed as part of the new Official Plan.
The City will be commencing a secondary plan review in 2018. Policy 13.1.1.3 of the
Civic Centre Secondary Plan references Parts 1, 2, 4, and 5 of the old Official Plan.
These sections were updated or replaced by sections of the new Official Plan, which
were considered as part of the analysis of the application.
Mixed Use Corridor Mixed Use Corridors are linear in form and recognize the evolution
of uses along major corridors in the inner city. These corridors are primarily intended to
serve the adjacent residential neighbourhoods and employment areas and allow for
intensive, transit supportive development. Mixed Use Corridors provide residential
redevelopment opportunities together with appropriate commercial and institutional uses
that primarily serve adjacent residential neighbourhoods. Over time it is intended that the
Mixed Use Corridors shall intensify and provide a balanced distribution of commercial,
multiple residential and institutional uses. New development may be required to orient a
portion of the building mass to the street, provide for integration of cycling facilities,
provide on-site pedestrian facilities, and provide pedestrian connections to abutting
developments or offsite transit facilities. To achieve this objective, the City of Kitchener
may also impose maximum front yard setbacks, limit vehicular parking between the
building fagade and the street, and will require specific fagade treatments such as
window or door openings and minimization of blank walls. New development shall be
compatible with surrounding residential neighborhoods and will be of an appropriate
height and density in relation to adjacent low rise residential development. In locations
that immediately abut low rise residential land uses, new development shall be permitted
having a minimum Floor Space Ratio of 0.6 and a maximum Floor Space Ratio of 2.0.
The planned function of lands designated as Medium Density Multiple Residential is to
permit some integrated, medium density redevelopment on Margaret Avenue and Queen
Street North while maintaining the overall residential character of the neighbourhood.
Opportunities for redevelopment are provided up to a maximum density of 200 units per
hectare. Permitted uses include multiple dwellings. The maximum Floor Space Ratio
shall be 2.0. Multiple dwellings may be permitted to exceed 200 units per hectare on an
individual lot provided the floor space ratio of 2.0 is not exceeded. The provision of
underground parking will be encouraged in any redevelopment, and will be a
requirement of apartment redevelopment. Redevelopment close to, or at, the upper
permitted maximum density shall provide the majority, if not all of the required parking
underground except for required visitor surface parking. With respect to the Medium
Density Multiple Residential designation applied to the north side of Margaret Avenue,
redevelopment should be of a height, siting and design which will prevent it from
encroaching on lower density dwellings located on Ellen and Ahrens Streets.
Where minor variance are requested to facilitate residential intensification or a
redevelopment of lands, Housing Policies in the new Official Plan require that the overall
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impact of the minor variances be reviewed to ensure that any new buildings are
appropriate in massing and scale and are compatible with the built form and the
community character of the established neighbourhood, that new buildings are sensitive
to the exterior areas of adjacent properties, that appropriate screening and/or buffering is
provided to mitigate any adverse impacts, particularly with respect to privacy, that 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, and that 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. The Official Plan also requires that
residential intensification within existing neighbourhoods will be designed to respect
existing character. A high degree of sensitivity to surrounding context is important in
considering compatibility.
The massing of the larger building has been shifted away from the adjacent low density
lands and towards Victoria Street North within the Victoria Street Mixed Use Corridor,
which is a planned intensification corridor as part of the Urban Structure of the Official
Plan, and outside of the Civic Centre Neighbourhood Heritage Conservation District
(HCD). As shown on the plan below, the red portion (striped) of the property is within
the HCD and the yellow portion (hatched) is outside of the HCD.
Civic Centre Heritage Conservation District Plan Boundary
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The building along Victoria Street will feature; large window and door openings resulting
in a more pleasant building appearance at the pedestrian level, a main floor with interior
ceiling heights of 4.2 metres which would allow for future non-residential uses fronting
Victoria Street, a shared terrace patio space which will be buffered from Victoria Street
with a landscape planting strip, and a main pedestrian entry to Victoria Street.
The City's Site Plan Review Committee directed the Developer to locate the majority of
the massing on the site towards Victoria Street, resulting in a shorter and smaller
compatible building on the portion of the land within the HCD. This reorientation of
massing results in a total built form with a FSR of 1.97, which is less than the permitted
maximum of 2.0.
Screening and buffering will be provided on all sides of the building with landscaping, in
accordance with the City's Urban Design Manual.
The design of the building has been supported with a Heritage Impact Assessment,
which was supported by the Heritage Kitchener advisory committee, and ultimately
Kitchener City Council with the approval of the Heritage Kitchener Permit Application.
As a condition of approval, Planning staff will review samples of the proposed building
materials to ensure quality and compatibility.
The City is undertaking planning processes and studies in areas that are within walking
distance to ION LRT station stops, known as the Planning Around Rapid Transit Stations
(PARTS) project. This work includes looking at appropriate land uses, streetscapes and
infrastructure requirements to ensure the areas where stations are placed are well
prepared and properly equipped. The lands are within the plan boundary of the PARTS
Central Plan which was approved on May 16, 2016 by Kitchener City Council. The lands
are shown with a recommended new land use designation of Medium Density Mixed
Use, which would allow for development with a maximum Floor Space Ratio of 2.0 and a
maximum building height of 24.0 metres. This direction will be refined and implemented
through future updates to the City's Official Plan, Secondary Plans, as well as the Zoning
By-law.
Mixed Use
High Density
Medium Density
Low DensiA,
Residential
High Pis(
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Snapshot: PARTS Central Preferred Plan - Land Use Map
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The proposed development provides a mix of residential housing types and styles to the
existing community. The City encourages different housing options to be dispersed both
across the city as a whole and within neighbourhoods. This development provides an
opportunity for residential intensification in an appropriate location which is along a
Regional Road (Victoria Street) and underutilizes a vacant parcel of land which is
located along the edge of an existing community. It is Planning staffs opinion that the
general intent of the Official Plan is maintained.
The requested variances meet the general intent of the Zoning By-law.
The requested rear yard setback of 3.0 metres, whereas a minimum of 7.5 metres is
required, is due to the orientation of the consolidated parcel. Where a lot has multiple
street frontages, the shortest lot line abutting a street is identified as the front yard, and
the opposite is the rear yard. In this case, the rear yard functions as a side yard, and
the side yard (adjacent to 54 and 30 Margaret Avenue) functions as the rear yard. If the
properties were not consolidated, the current MU -1 zoning would not require any side
yard setback between the larger building and 55 Ellen Street West & 57-61 Ellen Street
West/231 Victoria Street North.
Relief is also requested to permit; a setback of 10.50 m from Margaret Avenue whereas
a minimum of 15.0 metres is required, a side yard setback of 2.44 m whereas 3.Om is
required, and to permit a setback from 54 Margaret Ave of 10.7m whereas 15.Om is
required, all for the smaller building. A 13.0 metre setback from Margaret Avenue is
proposed, with only the corner of the proposed building within 10.505 metres of Margaret
Avenue. This setback will still achieve the objective of having an increased setback so
that new development is in line with existing and proposed residential uses along this
side of Margaret Avenue. A side yard setback of 2.44 metres from 70 Margaret Avenue
is sufficient for the three storey building and is comparable to the existing side yard
setbacks of 70 and 74 Margaret Avenue. A reduced setback from 54 Margaret Avenue
is also requested for only the corner of the smaller building, where the closest point is
10.74 metres. Due to the lot configuration, the majority of the proposed building is
setback beyond the 15.0 metres requirement.
Relief for is also requested to permit a building height of 18.5 metres whereas 16.5
metres is permitted. At the time that the MU -1 zone was applied to the properties along
Victoria Street, Planning Staff recommended the 15.0 metre "build -to" line along the
edge of the Civic Centre Heritage Conservation District and from existing laneways,
coupled with the proposed building height of 16.5 metres, to maintain approximately a
450 angular plane from abutting low rise residential properties, meaning that the height
of any portion of the new building shouldn't be greater than its distance from the property
line. While not specific to this application or the subject properties, Section 6.9 of the
Civic Centre Neighbourhood Heritage Conservation District (HCD) Plan does provides
direction on site design where a proposed new six storey building within the HCD is
adjacent to existing low rise residential building. The Plan directs new development to
have an angular plane of 450 from the shared property line. Planning staff applied this
same principle to the taller building, relative to the closest residential dwelling which is
designated as Low Rise Residential Preservation in the Civic Centre Neighbourhood
Plan for Land Use. With a proposed building height of 19.73 metres (at lowest finished
grade), which is 24.53 metres from the shared property line, the resulting angular plane
, Staff Report
I .R Community Services Department wm kitcheneua
is approximately 390. The taller building is also approximately 23 metres from the
existing building at 54 Margaret Avenue.
For multiple dwellings, the maximum building height is measured from the highest
finished grade. The Zoning By-law permits an increase in building height from the
lowest finished grade, which is a maximum of 110% of the maximum building height of
the applicable zone. In this case, the maximum permitted building height is 16.5 metres
from the highest finished grade and 18.15 metres (110%) from the lowest finished grade.
The proposed building has a building height of 18.5 metres at the highest grade and
19.73 metres measured at the lowest grade. The total requested increase in building
height is 2.0 metres from highest finished grade and 1.58 metres from lowest finished
grade.
Off-street parking is provided in accordance with the Zoning By-law. However, the site is
identified as a Major Transit Station Area on the City's Urban Structure Map and Mixed-
use Corridors are planned to be transit supportive and pedestrian orientated. Victoria
Street is an existing transit corridor and is within walking distance to planned rapid transit
stations. The proposed visitor parking is being provided at a rate of 20%, which meets
the Zoning By-law requirement. Bicycle parking will be provided in accordance with the
Zoning By-law.
It is Planning staff's opinion that the general intent of the Zoning By-law is met with these
requested variances.
The requested variances are minor.
The zoning deficiencies can be adequately addressed through the placement and
orientation of the buildings, good building design and materials, site layout, and
enhanced landscaping and buffering. There is separation between the proposed
building and the surrounding properties and the design features adequate on-site
amenity and landscape buffers. The mass of the buildings has been arranged to meet
the intent of the design objectives for this property. Therefore the variances are
considered as minor.
The variances are appropriate for the development and use of the land.
The requested variances will allow for the development of the property with a new
residential use that is complementary to the surrounding community. The Developer has
revised the proposal following the informal public meeting and the Council meeting and
has incorporated many of the suggestions. While there are five remaining variances
requested, Planning staff consider the overall nature and the impact of the variances,
and not the number of variances, when making recommendations to the Committee of
Adjustment. It is the opinion of Planning staff that the variances are appropriate.
Building Comments:
The Building Division has no objections to the proposed variance provided building permits be
obtained for the proposed new apartment buildings. Separate building permits will also be required
, Staff Report
I Tc� ►� .R Community Services Department wm kitcheneua
for the demolition of all the existing single family dwellings and any accessory buildings. Please
contact the Building Division @ 519-741-2433 with permit requirements and any questions.
Transportation Comments:
When analysis is completed for traffic accessing a City road from a private development, the
City uses the Region of Waterloo guidelines to assess traffic impacts. The general threshold for
a transportation impact study (TIS) is 100 new vehicle trips during either the AM or PM peak
hours.
My analysis of the proposed 111 units showed that the site would generate approximately 42
vehicle trips in the PM peak hour (26 entering the site and 16 exiting the site). Based on the 42
trips being below the threshold of 100 new vehicle trips, no further investigation was completed.
Generally, developments that generate less than 100 new vehicle trips in the peak hour have
little impact on the surrounding road network.
Engineering Comments:
No concerns with the proposed application.
Heritage Comments:
Heritage Planning staff have no concerns with the proposed minor variances.
A portion of the subject property is located within the Civic Centre Neighbourhood Heritage
Conservation District (CCNHCD) with the remainder of the lands being located adjacent to the
CCNHCD. The portion located within the CCNHCD is designated under Part V of the Ontario
Heritage Act and subject to the policies and guidelines of the CCNHCD Plan. A copy of the
District Plan.
A final Heritage Impact Assessment (HIA) was prepared by MHBC dated August 2017 and
submitted in relation to Site Plan application SP17/022/M/GS. The HIA concluded that the 6
storey building will not adversely impact the character of the Civic Centre Neighbourhood
Heritage Conservation District and that the 2.5 storey building conforms to the policies for new
construction within the Civic Centre Neighbourhood Heritage Conservation District Plan.
Specific to the front yard setback, the HIA indicates that the proposed new building with a 13
metre setback from Margaret Avenue:
• is appropriately setback from the street at a distance which will not result in the
obstruction of views;
• will not be out of character, and is consistent with the immediate neighbourhood and
meets the guidelines of the CCNHCD Plan;
• is complementary to the maximum setback of 10 metres on vacant lands to the east
along Margaret Avenue; and,
• the setback is within 2.0 metres of the front yard setback of the former Breithaupt
residence (now demolished), which conforms to the CCNHCD Plan.
The HIA was presented for comment at the April 4, 2017 Heritage Kitchener Committee
meeting. Members raised concerns with the minimum setback to parking and the total amount
, Staff Report
I Tc� ►� .R Community Services Department wm kitcheneua
of parking provided. The site plan has been revised to further setback the surface parking
(behind the footprint of where the original historic building once stood) and provides landscaping
to screen the parking from the sidewalk and street.
Recommendations of the HIA will be implemented through Site Plan Approval in Principle
conditions along with Heritage Permit conditions. The HIA was approved by the Director of
Planning on September 19, 2017.
Environmental Planning Comments:
No natural heritage issues. Existing trees to be evaluated and addressed through standard site
plan approval process by the City's Urban Designer.
RECOMMENDATION:
That Application A2017-100, as revised, for the future redevelopment with two multiple
dwelling buildings, one 3 storey building with 17 units fronting onto Margaret Avenue
and one 6 storey building with 94 units fronting onto Victoria Street North, seeking relief
from Section 53.2.1 to permit a rear yard of 3.0 metres whereas a minimum of 7.5 metres
is required, relief from Section 561 of Appendix D to permit a setback of 10.505m from
Margaret Avenue whereas a minimum of 15.0 metres is required, and a side yard setback
of 2.44m whereas 3.Om is required, and to permit a setback from 54 Margaret Ave of
10.7m whereas 15.Om is required, and relief from Section 561 and 562 of Appendix D to
permit a building height of 18.5 metres whereas 16.5 metres is permitted, be approved.
Garett Stevenson, BES, MCIP, RPP
Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
-
�,
Staff Report
ITc>.R
Community Services Department wmkitchenerca
REPORT TO:
Committee of Adjustment
DATE OF MEETING: October 17, 2017
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Garett Stevenson, Planner — 519-741-2200 ext. 7070
APPLICATION #:
A2017-100
ADDRESS:
64 Margaret Ave. & 217, 225, & 229 Victoria St. N.
PROPERTY OWNER: Margaret -Victoria Holdings Inc.
SUMMARIZED
RECOMMENDATION:
Defer
DATE OF REPORT: October 11, 2017
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Subject Property: 64 Margaret Ave. & 217, 225, & 229 Victoria St. N.
Report:
Application A2017-100 is seeking minor variances for the future redevelopment of this property with
two multiple dwelling buildings, one 3 storey building with 22 units fronting onto Margaret Avenue
and one 6 storey building with 95 units fronting onto Victoria Street North.
Specifically, the following relief is being sought as part of this application;
• Relief from Section 53.2.1 to permit a rear yard of 3.0 metres whereas a minimum of 7.5
metres is required (adjacent to Ellen Street West properties),
• Relief from Section 561 of Appendix D to permit a setback of 10.505m from Margaret
Avenue whereas a minimum of 15.0 metres is required, and a side yard setback of 2.44m
�, Staff Report
ITc> ►�> .R Community Services Department wmkitchenerca
(adjacent to 70 Margaret Avenue) whereas 3.Om is required, and to permit a setback from 54
Margaret Ave of 10.7m whereas 15.Om is required,
Relief from Section 561 and 562 of Appendix D to permit a building height of 21.6 metres
whereas 16.5 metres is permitted, and
Relief from Section 6.1.2.a to permit 73 off-street parking spaces where as 75 spaces are
required.
Planning Comments:
The subject properties are designated as Mixed Use Corridor in the City's Civic Centre
Neighbourhood Secondary Plan (Official Plan) and zoned Low Intensity Mixed Use Corridor Zone
(MU -1) with Special Use Provision 167U, Special Regulation Provision 561 R (64 Margaret Ave. only)
and 562R (217, 225, & 229 Victoria St. N. only).
Further time is required to dialogue with interested residents regarding this application, so deferral of
these minor variances is recommended.
IN*101LyiILyi1Ell ►IBETA 1[07►A
That Application A2017-100, for the future redevelopment with two multiple dwelling
buildings, one 3 storey building with 22 units fronting onto Margaret Avenue and one 6 storey
building with 95 units fronting onto Victoria Street North, seeking relief from Section 53.2.1 to
permit a rear yard of 3.0 metres whereas a minimum of 7.5 metres is required, relief from
Section 561 of Appendix D to permit a setback of 10.505m from Margaret Avenue whereas a
minimum of 15.0 metres is required, and a side yard setback of 2.44m whereas 3.0m is
required, and to permit a setback from 54 Margaret Ave of 10.7m whereas 15.Om is required,
relief from Section 561 and 562 of Appendix D to permit a building height of 21.6 metres
whereas 16.5 metres is permitted, and relief from Section 6.1.2.a to permit 73 off-street
parking spaces where as 75 spaces are required, be deferred to the November 21, 2017
Committee of Adjustment meeting for consideration.
Garett Stevenson, BES, MCIP, RPP
Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
October 03, 2017
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th 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: T 15-40/VAR KIT GEN
(1) /VAR KIT, 552059 Ontario Inc.
(2) NAR KIT, Hasiu, Simon
(4) /55, Huck, Ervin
(6) /28, Rino Del Bello
Re: Committee of Adjustment Meeting on October 17, 2017, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 525 Belmont Avenue West (SG 2017-014): No concerns.
2. 234 Heiman Street (A 2017-098): No concerns.
3. 83 Highbarry Crescent (A 2017-099): No concerns.
4. 64 Margaret Avenue (A 2017-100): No concerns.
5. 43 Barclay Avenue (A 2017-101): No concerns.
6. 2480 Homer Watson Boulevard (A 2017-102): No Regional concerns. However,
MTO authorities should be circulated regarding setbacks from the highway
ramps, as deemed appropriate by the City of Kitchener staff.
7. 256 Victoria Street South (A 2017-103): Under the existing conditions, there are
no concerns to this application. However, the owner must be advised that any
future development application on these lands may require dedicated road
widening of 3.048 metre along Victoria Street South frontage; and a 7.62 metre
daylight triangle along the new property lines at the corner of Victoria Street
South and Strange Street. Under those future conditions, parking spot #5 as
shown on the plan would not be possible and other parking spaces may also be
affected.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
DOCS: 2526098
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: September 28, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-014 525 Belmont Street West
Applications for Minor Variance:
A 2017-098
234 Heiman Street
A 2017-099
83 Highbarry Crescent
A 2017-100
64 Margaret Avenue
A 2017-101
43 Barclay Avenue
A 2017-102
2480 Homer Watson Boulevard
A 2017-103
256 Victoria Street South
Applications for Consent:
B 2017-026
397 Greenfield Avenue
B 2017-027
1775 & 1767 Glasgow Street
B 2017-028
22-24 Postmaster Avenue
B 2017-029
20 Postmaster Avenue
B 2017-030
18 Postmaster Avenue
GRCA COMMENT:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
D.Ii�8
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of l
Grand River Conservation Authority.
Holly Dyson
From: Garett Stevenson
Sent: 11 October, 2017 4:39 PM
To: Holly Dyson
Subject: FW: Proposed Development - (A 2017-100)
Hi Holly,
This comment is regarding Application A2017-100 for 64 Margaret Ave.
Thanks,
Garett
From:
Sent: Tuesday, October 10, 2017 11:45 AM
To: Garett Stevenson
Cc
Subject: Proposed Development - (A 2017-100)
Hi Garret,
I am writing to you to discuss the de*e'
s that are proposed on Victoria Street North and Margaret
Avenue (A 2017-100). 1 live atnd this development will not only affect my community as a
whole but it will also directly a ci Ic an y property. My residential property
where the development is being proposed.
The proposal includes the development of a 6 story apartment building as well as a smaller 2 '/2 story townhome
complex on the land. The development company has asked for a multitude of "minor variances" to the existing
bylaw rules that are in effect to protect our heritage community.
One of these variations includes an increase of height restriction. Currently, the rules say a development can be
no more than 16.5m in height - the company is proposing a development that will be 21.6m in height. This
variance alone will have drastic effects for everyone on Ellen St. W and Margaret Ave. and the surrounding
neighbourhood. The rules and regulations are in place for a reason and I expect you to uphold those rules and
regulations to protect my community and myself the residential landowner. If exceptions are made in this case it
could create a poor precedent for future develops in the area putting the integrity of our old growth heritage
communities at risk.
For homeowners backing or siding onto the property (including myself), they are proposing to decrease the
setback or "buffer space" in every direction whether it is considered side or back lot - they are proposing less
than half of what is required. This proximity of the building will have drastic effects both for the homeowners
directly next to the development but also the views and aesthetics of the rest of the community. The rules
currently state they need a 7.5 -metre bufferhey are to build the
building/parking structure - they are asking for this to be ecrease to me res - ess than half what is required -
THIS IS NOT OKAY. This is especially worrying with the fact that they are asking to build both higher and
closer - I have looked into previous development proposals and generally, the rule is if you are
MggigFerbuildiyou are required to set back further as to not affect the neighbouring single detached dwellings.
They mention that because it is a "side yard" the 7.5m rule should be waved - any documentation I could find
requires a setback of a minimum 7.5 metres abutting any residentially zoned land. ALSO, this is not the side
yard of a neighbouring 2 story house - we are talking about a 4-6 story building depending on approvals.
I get no benefit from this development - the only people who benefit are the developers who get the opportunity
to sell a few more units and thus make some extra cash. The development company bought this land knowing
full well what the development restrictions in our heritage community were so I challenge you to uphold these
restrictions and force them to come up with a development plan that meets these regulations and will
complement the unique heritage features not diminish them.
The list of variances that are being requested - quite literally go in every direction - front, side -left, side -right,
back, and height. It is not just one small change that they are asking for - they are trying to encroach on our
heritage community in every direction they possibly could.
will be at the meeting on Tuesday the 17th of October and as will a group of
our neighbours. I expect to hear back from you about this development and your plan before this meeting to
discuss what this means for our property, our direct neighbour's properties and our community,
Cheers,
�
Holly Dyson
From: Garett Stevenson
Sent: 11 October, 2017 4:39 PM
To: Holly Dyson
Subject: FW: minor variance application 2017-100- 64 Margaret Ave 217, 225, 229 Victoria St N
Hi Holly,
This comment is regarding Application A2017-100 for 64 Margaret Ave
Thanks,
Garett
-----Ori inal message -----
From:
essa a -----
From:
Sent: Friday, October 06, 2017 4:03 PM
To: Garett Stevenson
Subject: re: minor variance application 2017-100- 64 Margaret Ave 217, 225, 229 Victoria St N
Hello Garett,
Could you please contact me at this email or a have very serious concerns about the minor
variance application 2017-100- 64 Margaret Ave 217, 225, 229 Victoria St N This variance requested wildly out
of keeping with existing zoning and has blatant disregard for setbacks and privacy but will great impact the
existing Ellen St street scape which of course is in a Heritage zone.
Please contact me asap regarding my concerns.
Thank you
October 16, 2017
City of Kitchener Committee of Adjustment
c/o Holly Dyson
Via email to Holly.Dyson@kitchener.ca
Dear City of Kitchener Committee of Adjustment:
We request that the decision on application A 2017-100 (64 Margaret Avenue & 217, 225 and
229 Victoria Street North) be deferred. The matter has only recently come to our attention, and
we would like more time to review the issues with neighbours and city planners.
Please know that while we respect the city's Land Use Plans and zoning and, more generally,
support the intensification of downtown Kitchener, we have concerns regarding the application
in question. Our primary concerns include:
1. The proposed building height, which would dwarf the surrounding homes. We want the
development to abide by the zoning height limit of 16.5 in.
2. The route of entry and exit for vehicular traffic. The development proposal calls for directing
all the vehicles entering and exiting onto Margaret Avenue, which is a two lane road, between
Victoria and Maynard, and a bus route in two directions. There is currently significant traffic
congestion on Margaret at Victoria at rush hour and around Centre in the Square events. In case
it be argued that a driveway off Victoria Street would be blind to traffic approaching from the
south, please note that the driveways serving the current addresses on the east side of Victoria
between Margaret and Ellen enter and exit off Victoria. We want all vehicular traffic serving the
Victoria Street building to enter and exit off Victoria.
3. The use of corrugated siding and dark colouring on the rear and sides of the Victoria Street
building. We are concerned that the foreign materials and dark colouring will compromise the
aesthetic of the Civic Centre Neighbourhood Heritage Conservation District.
4. The proximity of the Victoria Street building to the homes on Ellen Street. We want the
required rear yard setback respected.
Please defer the decision so that these matters can be resolved in negotiation with city planners.
cerely,
Holly Dyson
From: Garett Stevenson
Sent: 17 October, 2017 9:09 AM
To: Holly Dyson; Dianna Saunderson
Subject: FW: Variance Application 64 Margaret Ave
Another letter for A2017-100.
-----Original Message -----
From: Sandra Santos On Behalf Of Internet - Planning
Sent: Monday, October 16, 2017 3:28 PM
To: Garett Stevenson
Subject: FW: Variance Application 64 Margaret Ave
From our Planning e-mail.
-----Original Message -----
From: info Ca7esolutioonsqroup.ca fmailto:infoOesolutionsaroup.cal On Behalf O
Sent: Saturday, October 14, 2017 6:10 PM
To: Internet - Planning
Subject: Variance Application 64 Margaret Ave
Hellow,
Can you please send me the full variance application including the site plan and building elevations for the 64
Margaret Ave/Victoria Street Application?
As�neighbors, we are not in support of the proposed 30% increase in height, from 16.5 to 21.6 meters.
The building is now over 2x the height of the surrounding heritage district, which is not in keeping with the
intent of the Heritage District Plan. The development height allowed by the current zoning was the result of a
careful angular plane analysis by city planners. It was chosen in order to maintain balance in the massing of
the building against the adjacent heritage properties while supporting appropriate intensification in the mixed-
use corridor.
We agree with the concept of a raised ground level floor to support future street fronting retail on that level, but
not the addition of the 6th floor on the building.
-------------------------------------
Origin: htto:/lwww.kitchener ca/en/businessinkitchener/CommitteeOfAdiustment.asp
-------------------------------------
This email was sent to you by hrough hftQ://www.kitchener.ca/.
Holly Dyson
From:
Sent: 17 October, 2017 11:37 AM
To: Holly Dyson
Cc: Garett Stevenson; Dianna Saunderson
Subject: Re: FW: A 2017-100 - Victoria/Margaret Ave. development
Good morning Holly,
Yes, I attended the meeting this morning, so do know about the deferral until November. I would like to receive
the appropriate documents via mail though, so my home address is
Thanks!
On Tue, Oct 17, 2017 at 11:14 AM, <Holl .D son kitchener.ca> wrote:
Good Morning,
Thank you for your comments. The Committee deferred Application A 2017-100 to the Tuesday, November 21,
2017 meeting. The Committee will consider all written and verbal comments at that time.
To ensure the Committee considers your comments, and you receive a copy of the Decision package, please
email your mailing address to me as soon as possible.
Regards,
Holly Dyson
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holl .d son kitchener.ca
TWIM
From: Garett Stevenson
—Sent:-17–October,-2017-9-29 A_M
To: Holly Dyson
Subject: FW: Victoria/Margaret Ave. development
Another letter for A2017-100
From:
Sent: Monday"0cdftt!Pe , 7 8:16 PM
To: Garett Stevenson; Sarah Marsh
Subject: Victoria/ Margaret Ave. development
Good evening,
I am writing to both of you with regards to the Variance Application put forth by the developer seeking to build
on the lot where the former Breithaupt mansion was situated on Margaret Ave. After reading through the
submitted Heritage Impact Assessment, Variance Application and the Staff Recommendation documents, I have
concerns about encroachment on the Civic Centre Heritage District.
While it appears that the developer has spent time and effort to make the building that faces onto Margaret Ave.
sympathetic to the surrounding Heritage character of the homes on either side, as well as those in the rest of the
district, the 6 story apartment or condominium that is proposed for the property facing Victoria St. does not
appear to have been as well thought out. It is my understanding that Victoria St. is part of a mixed use corridor,
and so does not fall into the Heritage district nor have as stringent requirements as new buildings within the
district, still is is right on the edge of the district and will certainly be a visible property.
My concerns can be summarized as follows:
1. The height variance sought, while not "huge" in terms of other developments within Kitchener, would in my
opinion, have a negative impact in so far as easing the restriction for this building would set a poor precedent
when otherro erties on the fringes or edges of the district are redeveloped. This has direct bearing on my own
property at � ince Hermie's Place runMou
"Juan
and the adjacent property
that faces onto Victoria St. An exception granted here Me use oeption for development
behind my own property.
2. The multiple variances sought for the set backs from the various property sides on the proposed development
also present the same potential negative impacts towards future developments as the height variance would.
Again, each variance in and of itself would seem to be "minor" but when taken collectively they pose a
significant threat to the integrity of the Heritage district by opening the conversation towards leniency when
discussing future developments.
3. While I am not against intensification of the core population, it must not come at the cost of the character of
our heritage districts. The proposed development is seeking to build a total of 112 residential units on this plot
of land. They propose only 95 parking spaces, which will intensify the current parking issues of the
neighbourhood, as well as present quite a lot of traffic passing by the home at 54 Margaret Ave. After living for
14 years ram the high rise at 175 Queen St. N., I can attest to the noise pollution that comes
from a busy parking area. I wouldn't wish it on anyone, let alone the traffic nightmare that having the main
ingress/egress for this property will present at that particular junction on Margaret Ave.
4. This development proposal, if granted all the variances requested, will set an unfortunate precedent for any
future developments, including whatever is finally put forward for the empty space further down Margaret Ave.
If the "minor" variances are given to this developer, what is to stop the developer there from seeking similar
favours that will have an even greater negative impact on our neighbourhood?
Thank you for taking the time to read through my concerns. I trust that they will be carefully considered as the
Committee of Adjustment considers what to do for this particular developer, and also moving forward as further
development occurs around the edges of our district.
Sincerely,
Virus -free. www.avast.com
Holly Dyson
From:
Sent: 16 November, 2017 8:15 AM
To: Holly Dyson
Cc: Dianna Saunderson; Sarah Marsh; Mayor
Subject: Application A 2017-100
I am a resident o since 1994, just down the street from the proposed development at 64 Margaret
& on Victoria. As a resident and a public health epidemiologist and veterinarian) I have a strong interest in the
developments at 64 Margaret and on the linked property on Victoria. I am very much in favour of increased
urban density both to save our farmland and to make public transport and other city services more cost
effective. I also think that the developer has made good efforts to address many concerns that have been raised
and to fit the building into the area. I have a few questions, however.
1) Are the properties on Margaret and Victoria considered separately, or as one? If as a single property, does it
not fall under heritage designation?
2) The developer has requested what s/he calls a "minor variance". However the change of "Minimum rear
yard" from 7.5 metres to 3.0 metres represents a decrease of 60%. While this may not seem like a lot, it will
certainly influence the adjacent yards, esp on on Ellen, and will make it more difficult to maintain green spaces
and walkways, which this neighbourhood is known for, and which, in the face of climate changes that are
coming in the next decades, are becoming increasingly important for air quality, health and livability. A few
metres here and there add up and can have substantial cumulative effects; they all count.
1 understand that maintaining external green spaces affects the internal design of the building, but there is no
necessary relationship between the two. A building is not at all like silly putty, which, if squeezed, necessitates
increased height for instance.
3) If the building facing Victoria will be having commercial spaces on the main floor, where will visitors park?
If there is a florist, or a coffee shop, or a professional office, visitors will likely park on Ellen or around the
corner on Margaret or Maynard. While not necessarily part of this application for variance, such expected
consequences should be anticipated and addressed.
Finally, a recent accident in front of our house in which it looked like two vehicles coming from opposite
directions clipped each other at what must have been considerable speed (considering the damage I saw) raised
again for me the problems of traffic flow along the street. All these new developments in the area (see 3 above)
will affect traffic, parking etc.and these downstream effects should be anticipated and planned for.
Thanks
Holl Dyson
From:
Sent: 15 November, 2017 10:55 PM
To: Holly Dyson; Dianna Saunderson; Sarah Marsh; Garett Stevenson;
adeline@sympatico.ca; Victoria Boyle; Scott Davey; Dave Schnider; John Gazzola;
Yvonne Fernandes; Kelly Galloway-Sealock; Paul Singh; bill.ioannidis@kitchener.ca; Zyg
Janecki; Frank Etherington; Mayor; hzjaeger@gmail.com
Subject: 64 Margaret Ave.
Good evening,
I am writing about the proposed development at 64 Margaret Ave. As council is aware, a multi -unit residential
development is scheduled to be built on this property. The pro ert has several unique qualities that have
caused some concerns to myself and my husband. We live at , within the Civic Centre
Heritage District, and how the development at 64 Margaret Ave. is allowed to proceed could have direct
impacts on our property in the future although we do not live directly adjacent to the proposed current
development, since the properties directly behind our property are also classified as MU -1 like the subject
property.
The developer is seeking several variances from the current city plan, and to our minds, these variances set a
precedent for any future development along the Victoria St. mixed use corridor. Particularly concerning is the
fact that the developer is seeking variances on all lot sides and on the building height. When taken as a package,
these variations as a whole are not minor, but rather major. And while the developer has just recently submitted
a plan that has addressed some of the concerns raised by those living directly adjacent to the development, they
still have not budged on the variances along the lot lines. On what is considered the "rear" line, but is in the side
lot line closest to Ellen St., they are seeking to reduce the distance from the lot line to the building by over half -
going from the required 7.5m down to just 3m! For those of us who think better in imperial measurements, that
is going from 24 feet down to a mere 9.6 feet. That hardly feels minor, especially to those whose properties will
now be overshadowed by the proposed 6 story building. Similar spacing reductions are requested for most of
the other lot lines, although no other request goes over about a 35% reduction in spacing.
Also, traffic is a concern given the egress/exit point for the property. Livin from the
driveway for 175 Queen St. N., we are well aware of the volumes of traffic produced �aaultip e unit
dwelling. While the property at 64 Margaret will not have the unit density of that across from us, there will still
be a steady stream of vehicles in and out of the property. Given that this egress point is actually very close to
both the curve in Margaret Ave. and the Maynard St. intersection, and with the significant uptick in vehicles
taking Margaret Ave. through to Otto St. to access Frederick St., there is a definite potential for serious
accidents. It was explained that the development proposal did not qualify for a traffic study, but certainly this
should be a consideration. As well, with the new bus shelter erected this summer very close to the egress point,
sight lines could become an issue, especially once it becomes winter and snow banks develop along both the
driveway and the roadway.
Another issue would be noise. You can not have over 100 new residential units placed into an area previously
occupied by just 5 dwellings without an increase in the overall noise levels. Just the traffic in and out of the
parking area will impact those living directly around the property. There will also be the individual air
conditioning units of each unit working away each summer. Not to mention the noise produced by those
utilizing the balconies of the units - many of which will directly overlook the back yards of properties on Ellen
St. And given that some of those balconies will only be slightly over 9 feet away from the lot line, that could get
quite noisy!
The city heritage plan requires buildings or developments that occur on the fringes or boundaries of the heritage
districts to be respectful of the flavour of the heritage district it impinges on. The sum total of the minor
variances being asked for by this developer do not feel very respectful of the nature of our district. With an area
characterized by full tree canopies, wide lots, brick homes and an old world charm vibe, this building will stick
out like a sore thumb. The developer plans to clad his building in corrugated steel, painted charcoal and yellow,
none of which is displayed in the district. The developer also plans to remove mature trees, cutting back on the
green canopy of the area, and with the reduced green space on the sides of the lot, it will be difficult if not
impossible to plant similar tree varieties to return some semblance of what is taken away.
We would ask that the sum total of the variances be examined as a whole, rather than in a piece meal fashion, as
the sum total is what will make this development an unsuitable precedent setting example for those following
behind. While the developer has certainly made alterations since the last plan, we contend that allowing these
variances to stand as is will simply become the thin edge of the wedge that will turn our charming, heritage
district into just another cold urban tower filled city center, lacking heart and vibrancy. Once lost, the ambience
and flavour of this neighbourhood will not return and we urge that caution is used when the final decision is
made.
Sincerely,
�, Staff Report
ITc� [�.R Community Services Department www. kitchenerca
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
APPLICATION #:
ADDRESS:
PROPERTY OWNER:
SUMMARIZED
RECOMMENDATION:
DATE OF REPORT:
.S
Committee of Adjustment
November 21St, 2017
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Tim Seyler, Technical Assistant (Planning and Zoning) —
519-741-2200 ext. 7860
SG 2017-016
121 Westmount Road East
Forest Hill United Church
Approve with Conditions
November 10, 2017
Location Map: 121 Westmount Road East
, Staff Report
I Tc� ►� t R Community Services Department wm kitcheneua
REPORT
Planning Comments:
City Planning staff conducted a site inspection of the property on November 2nd, 2017. The
subject property is zoned Neighbourhood Institutional Zone (1-1) in the Zoning By-law.
Location of existing ground supported sign to be replaced with automatic changing copy
(Stone base to remain)
The applicant is requesting permission to install a ground supported sign with automatic
changing copy. The applicant is seeking relief from section 680.3.29 of the Sign By-law to allow
an automatic changing copy sign to be located 27 metres from a residential zone rather than the
required separation distance of 100 metres from a residential zone.
The applicant is proposing to construct a ground supported sign with automatic changing copy
located 27 metres to the nearest residential zone. However, the proposed sign does not meet the
required separation distance of 100 metres to a residentially zoned area. The variance to reduce
the setback required for a sign containing automatic changing copy from a residential zone can
be considered minor. Since the nearest residentially zoned area is located on the opposite side
of the street of the subject lands, it is anticipated that the automatic changing copy will have little
effect on the nearby residential area. The proposed size of the automatic changing copy portion
of the sign is relatively small in size (1.45 metres squared) and shall have minimal impact on the
residential properties located on the opposite side of the street. Additionally, the sign will have
minimal impact on the residential properties located on the same side of the street as the
subject property.
Staff Report
KIT�CHF.I�t:R Community Services Department wwwrkitcheneua
Staff is of the opinion that the reduction of the separation distance for a new ground support
sign with automatic changing copy will not adversely affect the surrounding neighbourhood and
is appropriate for the subject property.
1.27m (4.')
o.6m (2')
Stone Base
/ Sign to remain the same over all size.
V Using existing stainless steel sign box with new components
New sign face to replace existing
2.49m (8.2)
76m (2.49')
i.82m (8.)
Proposed design of new ground supported sign containing automatic changing copy
(Existing stone base to remain)
Based on the above comments, staff is of the opinion that the proposed variance to the sign is
minor and meets the general intent of the Sign By-law and is appropriate for the lot and
surrounding neighbourhood.
Building Comments: The Building Division has no objections to the proposed sign variance.
Note that a sign permit will be required for the new sign.
Transportation Services Comments: Ensure that the proposed signs are located outside of
the 4.57 driveway visibility triangle.
Engineering Services: Engineering has no comments or concerns.
Heritage Planning Comments: No heritage planning concerns.
, Staff Report
I R Community Services Department wm kitcheneua
RECOMMENDATION:
That minor variance application SG2017-016 requesting permission to install a ground
supported sign with automatic changing copy 27 meters from a residential zone rather than the
required separation distance of 100 meters from a residential zone; be approved, subject to the
following conditions:
1. That a sign permit is obtained from the Planning Division.
2. That messages displayed on the automatic changing copy portion of the sign remain
static for at least 6 seconds.
3. That the automatic changing copy portion of the sign be turned off between the hours of
10:OOPM and 6:00 AM.
4. That condition 1 shall be completed prior to July 1St, 2018. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate), prior to the completion date set out in this decision. Failure to fulfill these
conditions will result in this approval becoming null and void.
Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP
Technical Assistant (Senior Planner)
(Planning & Zoning)
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
November 10, 2017 www.regionofwaterloo.ca
Holly Dyson
City of Kitchener
200 King Street West File: T 15-40/VAR KIT GEN
P.O. Box 1118 (01) /50, Forest Hill United Church
Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban
Developments, 1193-1201 FHM Rd
(04) /VAR KIT, 1142805 Ontario Inc.
(05) /VAR KIT, Roopnarine, Angad
(08) / VAR KIT, 2361693 Ontario Inc.
(09, 10) / VAR KIT, Emmanuel Bible College
(11, 12) /VAR KIT, Garden Brook Homes
(13) / VAR KIT, 673099 Ontario Ltd.
Freure North Subdivision (30T-98201)
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the
sign and its foundation are located on private property.
2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns.
3. 317 Greenbrook Drive (A 2017-104): No concerns.
4. 2399 Kingsway Drive (A 2017-105): No concerns.
5. 31 Cherry Street (A 2017-106): No concerns.
6. 386 Southill Drive (A 2017-107): No concerns.
7. 42 Marlis Crescent (A 2017-108): No concerns.
8. 125 Margaret Avenue (A 2017-109): No concerns.
9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns.
10.110 Fergus Avenue (A 2017-111): No concerns.
11.27 Bismark Avenue (A 2017-112): No concerns.
12.27 Bismark Avenue (A 2017-113): No concerns.
13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns.
DOCS: 2553615
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: November 06, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located
Authority areas of interest. As such, we will
and plan review fees will not be required
additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
outside the Grand River Conservation
not undertake a review of the applications
. If you have any questions, or require
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
Staff Report
KITCHE��:R Community Services Department wmkitchenerca
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
APPLICATION #:
ADDRESS:
PROPERTY OWNER:
SUMMARIZED
RECOMMENDATION:
DATE OF REPORT:
Committee of Adjustment
November 21St, 2017
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Tim Seyler, Technical Assistant (Planning and Zoning) —
519-741-2200 ext. 7860
SG 2017-017
1201 Fischer Hallman Road
Williamsburg Gas Station Inc., Rob Schlegel
Approve with Conditions
November 10, 2017
n
AMkL—
Location Map: 1201 Fischer Hallman Rd.
Staff Report
KITCHF.I�t R Community Services Department wmkitchenerca
REPORT
Planning Comments:
City Planning staff conducted a site inspection of the property on November 2nd, 2017. The
subject property is zoned Convenience Commercial Zone (C-1) with special regulation 321 U, in
the Zoning By-law.
Location of proposed ground supported sign along Fischer Hallman Road
Location of proposed ground supported sign along Bleams Road
, Staff Report
I Tc� ►� .R Community Services Department wm kitcheneua
The applicant is seeking relief from section 680.11.6 of the Sign By-law to allow for 2 ground
supported signs with a height of 3.15 metres rather than the permitted maximum height of 2
metres.
The intent of the regulation that restricts ground supported signs to a maximum height of 2
metres within a commercial corridor is to create a more pedestrian friendly environment by
requiring signs to be at a human scale. Walking alongside very tall signs can be intimidating or
uncomfortable for pedestrians, and large signs have the potential to contribute to a negative
pedestrian experience. After conducting a site visit, Staff is of the opinion the proposed location
of the signs will not contribute to a negative pedestrian experience. Staff is also of the opinion
that the proposed sign is not excessively large, and therefore meets the intent of the Sign By-
law. Finally, the design of the sign is similar in style to the existing pylon signs within the
Williamsburg area, which maintains the continuity of the existing neighbourhood.
The variance to increase the height of the ground supported signs from 2 metres to 3.15 metres
can be considered minor as the increase height of 1.15 metres will have little effect on the
nearby area. The proposed locations of the signs are outside the 4.57 metre driveway visibility
triangle (DVT) and will not affect visibility of incoming and exiting traffic.
Based on the above comments staff is of the opinion that the proposed increase in sign height
can be considered minor and the signs will be compatible with the surrounding area.
Proposed design of 2 ground supported signs
, Staff Report
I Tc� ►� .R Community Services Department wm kitcheneua
Building Comments: The Building Division has no objections to the proposed sign variance.
Note that a sign permit will be required for the new sign.
Transportation Services Comments: Ensure that the proposed signs are located outside of
the 4.57 driveway visibility triangle.
Engineering Services: Engineering has no comments or concerns.
Heritage Planning Comments: No heritage planning concerns.
RECOMMENDATION:
That minor variance application SG2017-017 requesting permission to install 2 ground
supported signs with a height of 3.15 meters rather than the permitted maximum height of 2
meters; be approved, subject to the following conditions:
1. That a sign permit is obtained from the Planning Division.
2. That the sign be located outside of the Corner Visibility Triangle (CVT).
3. That condition 1 shall be completed prior to July 1St, 2018. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate), prior to the completion date set out in this decision. Failure to fulfill these
conditions will result in this approval becoming null and void.
Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP
Technical Assistant (Senior Planner)
(Planning & Zoning)
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
November 10, 2017 www.regionofwaterloo.ca
Holly Dyson
City of Kitchener
200 King Street West File: T 15-40/VAR KIT GEN
P.O. Box 1118 (01) /50, Forest Hill United Church
Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban
Developments, 1193-1201 FHM Rd
(04) /VAR KIT, 1142805 Ontario Inc.
(05) /VAR KIT, Roopnarine, Angad
(08) / VAR KIT, 2361693 Ontario Inc.
(09, 10) / VAR KIT, Emmanuel Bible College
(11, 12) /VAR KIT, Garden Brook Homes
(13) / VAR KIT, 673099 Ontario Ltd.
Freure North Subdivision (30T-98201)
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the
sign and its foundation are located on private property.
2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns.
3. 317 Greenbrook Drive (A 2017-104): No concerns.
4. 2399 Kingsway Drive (A 2017-105): No concerns.
5. 31 Cherry Street (A 2017-106): No concerns.
6. 386 Southill Drive (A 2017-107): No concerns.
7. 42 Marlis Crescent (A 2017-108): No concerns.
8. 125 Margaret Avenue (A 2017-109): No concerns.
9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns.
10.110 Fergus Avenue (A 2017-111): No concerns.
11.27 Bismark Avenue (A 2017-112): No concerns.
12.27 Bismark Avenue (A 2017-113): No concerns.
13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns.
DOCS: 2553615
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: November 06, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located
Authority areas of interest. As such, we will
and plan review fees will not be required
additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
outside the Grand River Conservation
not undertake a review of the applications
. If you have any questions, or require
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
�, Staff Report
ITc� [�.R Community Services Department www. kitchenerca
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
APPLICATION #:
ADDRESS:
PROPERTY OWNER:
SUMMARIZED
RECOMMENDATION:
DATE OF REPORT:
Committee of Adjustment
November 21St, 2017
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Eric Schneider, Technical Assistant - 519-741-2200 ext. 7843
A 2017-104
317 Greenbrook Drive
Monica & Cristian Racz
Approve with condition
November 14th, 2017
Location Map: 317 Greenbrook Drive
, Staff Report
I Tc� ►� t R Community Services Department wm kitcheneua
REPORT
Planning Comments:
The subject property is zoned Residential Three Zone (R-3), and designated Low Rise
Residential in the Official Plan. City Planning staff conducted a site inspection of the property on
NrniPmhPr 9nd 9n17
View of Existing Carport
The applicant is requesting permission to enclose an existing carport to convert it to a garage.
The applicant is requesting relief from Section 37.2.1 of the Zoning By-law to allow for a side
yard setback of 0.6 metres rather than the required 1.2 metres.
1. The requested variance meets the intent of the Official Plan. The Official Plan favours
the mixing and integration of different forms of housing to achieve a low overall intensity
of use. The proposed garage conversion maintains this intent.
2. The proposed variance meets the intent of the Zoning By-law. The intent of the 1.2
metre side yard setback is to ensure that there is a sufficient distance from adjacent
properties so that they do not negatively impact neighbours, and to provide adequate
access to the rear yard. The proposed side yard of 0.6 metres represents an existing
condition—the applicants are not intending to move the existing structure any closer to
, Staff Report
I Tc� ►� .R Community Services Department wm kitcheneua
the side lot line. The proposed garage conversion will not compromise access to the rear
yard. The proposed variance therefore meets the intent of the Zoning By-law.
3. The proposed variance is considered appropriate for the development and use of the
lands. The location of the carport/proposed garage is remaining the same as it was
when the dwelling was constructed, and many properties in the surrounding
neighbourhood possess similar conditions.
4. The variance is considered minor as the requested proposal represents a setback that is
an existing condition and is a minor reduction in side yard setback.
Based on the above comments, staff is of the opinion that the variance requested is minor,
meets the general intent of the Zoning By-law and Official Plan, and is appropriate for the lot
and surrounding neighbourhood.
Building Comments: The Building Division has no objections to the proposed variance
provided a building permit be obtained for converting the existing carport into a garage. Note
that the exterior wall face of the attached garage shall have no openings, and the wall shall
have a fire resistance rating not less than 45 minutes. Please contact the Building Division @
519-741-2433 with permit requirements and any questions.
Transportation Services Comments: Transportation Services has no concerns with the
proposed application.
Heritage Planning Comments: No heritage planning concerns.
Environmental Planning Comments: No natural heritage concerns. FYI: Rear of property is
regulated by the GRCA as it's within the floodplain of Voisin Greenway.
RECOMMENDATION:
That minor variance application A2017-104 requesting permission to convert an existing carport
into a garage located in the northerly side yard of a single detached dwelling having a sideyard
setback of 0.6m rather than the required 1.2m be approved, subject to the following
condition:
1. That the Owner submits a building permit for the garage conversion by
June 301h, 2018.
Eric Schneider, BES Juliane von Westerholt, BES, MCIP, RPP
Technical Assistant Senior Planner
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
November 10, 2017 www.regionofwaterloo.ca
Holly Dyson
City of Kitchener
200 King Street West File: T 15-40/VAR KIT GEN
P.O. Box 1118 (01) /50, Forest Hill United Church
Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban
Developments, 1193-1201 FHM Rd
(04) /VAR KIT, 1142805 Ontario Inc.
(05) /VAR KIT, Roopnarine, Angad
(08) / VAR KIT, 2361693 Ontario Inc.
(09, 10) / VAR KIT, Emmanuel Bible College
(11, 12) /VAR KIT, Garden Brook Homes
(13) / VAR KIT, 673099 Ontario Ltd.
Freure North Subdivision (30T-98201)
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the
sign and its foundation are located on private property.
2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns.
3. 317 Greenbrook Drive (A 2017-104): No concerns.
4. 2399 Kingsway Drive (A 2017-105): No concerns.
5. 31 Cherry Street (A 2017-106): No concerns.
6. 386 Southill Drive (A 2017-107): No concerns.
7. 42 Marlis Crescent (A 2017-108): No concerns.
8. 125 Margaret Avenue (A 2017-109): No concerns.
9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns.
10.110 Fergus Avenue (A 2017-111): No concerns.
11.27 Bismark Avenue (A 2017-112): No concerns.
12.27 Bismark Avenue (A 2017-113): No concerns.
13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns.
DOCS: 2553615
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: November 06, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located
Authority areas of interest. As such, we will
and plan review fees will not be required
additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
outside the Grand River Conservation
not undertake a review of the applications
. If you have any questions, or require
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
�, Staff Report
ITc� [�.R Community Services Department wm kitchenerca
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
November 21St, 2017
SUBMITTED BY:
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
PREPARED BY:
Eric Schneider, Technical Assistant - 519-741-2200 ext. 7843
APPLICATION #:
A 2017-105
ADDRESS:
2399 Kingsway Drive
PROPERTY OWNER:
2259907 Ontario Inc.
SUMMARIZED
RECOMMENDATION:
Approve with conditions
DATE OF REPORT:
November 14th, 2017
"� T
Location Map: 2399 Kingsway Drive
IR
61
�, Staff Report
ITc� ►� t R Community Services Department wm kitchenerca
REPORT
Planning Comments:
The subject property is zoned Arterial Commercial Zone (C-6), designated Commercial in the
2014 Official Plan, and Arterial Commercial Corridor in the 1994 Official Plan. City Planning staff
conducted a site inspection of the property on November 1St, 2017.
View of Unit 7 at 2399 Kingsway Drive
The applicant is requesting permission to add Retail as a permitted use in order to open an
adult retail store. The applicant is requesting relief from Section 12.1 of the Zoning By-law in
order to allow this use.
The subject property is designated Commercial in the current Official Plan (2014), and
Arterial Commercial Corridor in the previous Official Plan (1994). The policies for
Commercial land use designations in the 2014 Official Plan are under appeal. As a
result, staff will be relying on the Arterial Commercial Corridor policies in the 1994
Official Plan to determine conformity. The 1994 Official Plan describes permitted uses
within the Arterial Commercial Corridor land designation as "providing a specialized
product or service to persons coming specifically to the premises to do business". The
applicant is proposing to open an adult retail store, which would align with this policy in
, Staff Report
I Tc�►� .R Community Services Department wmkitchenerca
the 1994 Official Plan. The 2014 Official Plan contains policies in the implementation
section which are in effect that allow the Committee of Adjustment to grant change of
use minor variances when the use is considered to be similar, more compatible, and
ensuring that the use does not cause an increase of nuisance factors such as noise and
odors. Staff is of the opinion that the proposed use is similar, compatible, and will not
cause an increase in the aforementioned nuisance factors. Therefore, the proposed
variance meets the intent of the Official Plan.
2. The proposed variance meets the intent of the Zoning By-law. The intent of omitting
general retail as a permitted use from the C-6 zone is to reserve land for specific retail
uses such as the sale of furniture, sporting goods or pet supplies. Although it is not
specifically listed under permitted uses, staff believes that an adult store represents a
specific type of retail that is appropriate for the C-6 Zone. The auto -centric nature of the
C-6 zone is designed to support retail stores in which customers typically make specific
trips to visit. In the opinion of Staff the proposed store aligns with the intent of the Zoning
By-law.
3. The proposed variance is considered appropriate for the development and use of the
lands. The subject property is operating as a commercial plaza and possesses a large
parking lot. Staff does not believe it will have an adverse effect on the surrounding
neighbourhood.
4. The variance is considered minor as staff is of the opinion of staff that the addition of
retail as a permitted use will not disrupt the way in which the commercial plaza is
currently operating. The potential impacts of the proposed retail business operating in in
the plaza are also considered to be minor.
Based on the above comments, staff is of the opinion that the variance requested is minor,
meets the general intent of the Zoning By-law and Official Plan, and is appropriate for the lot
and surrounding neighbourhood.
Building Comments: The Building Division has no objections to the proposed variance
provided a building permit be obtained for the proposed interior renovations and change of use.
Please contact the Building Division @ 519-741-2433 with permit requirements and any
questions.
Transportation Services Comments: Transportation Services has no concerns with the
proposed variance to establish a retail use in a C-6 zone.
Heritage Comments: No heritage planning concerns.
Environmental Planning Comments: No natural heritage concerns.
RECOMMENDATION:
That minor variance application A2017-105 requesting permission to establish a Retail Use in a
C-6 Zone whereas the By-law does not permit a Retail Use within this Zone be approved,
subject to the following condition:
1. That a Zoning (Occupancy) Certificate is obtained from the Planning Division.
2. That a building permit is obtained from the Building Division for the proposed interior
renovations and change of use.
, Staff Report
I Tc� ►� :R Community Services Department wm kitcheneua
3. That all conditions shall be completed prior to June 30th, 2018. 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.
Eric Schneider, BES Juliane von Westerholt, BES, MCIP, RPP
Technical Assistant Senior Planner
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
November 10, 2017 www.regionofwaterloo.ca
Holly Dyson
City of Kitchener
200 King Street West File: T 15-40/VAR KIT GEN
P.O. Box 1118 (01) /50, Forest Hill United Church
Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban
Developments, 1193-1201 FHM Rd
(04) /VAR KIT, 1142805 Ontario Inc.
(05) /VAR KIT, Roopnarine, Angad
(08) / VAR KIT, 2361693 Ontario Inc.
(09, 10) / VAR KIT, Emmanuel Bible College
(11, 12) /VAR KIT, Garden Brook Homes
(13) / VAR KIT, 673099 Ontario Ltd.
Freure North Subdivision (30T-98201)
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the
sign and its foundation are located on private property.
2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns.
3. 317 Greenbrook Drive (A 2017-104): No concerns.
4. 2399 Kingsway Drive (A 2017-105): No concerns.
5. 31 Cherry Street (A 2017-106): No concerns.
6. 386 Southill Drive (A 2017-107): No concerns.
7. 42 Marlis Crescent (A 2017-108): No concerns.
8. 125 Margaret Avenue (A 2017-109): No concerns.
9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns.
10.110 Fergus Avenue (A 2017-111): No concerns.
11.27 Bismark Avenue (A 2017-112): No concerns.
12.27 Bismark Avenue (A 2017-113): No concerns.
13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns.
DOCS: 2553615
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: November 06, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located
Authority areas of interest. As such, we will
and plan review fees will not be required
additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
outside the Grand River Conservation
not undertake a review of the applications
. If you have any questions, or require
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
, Staff Report
I .R Community Services Department wm kitcheneua
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 21, 2017
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning)
519-741-2200 ext. 7844
APPLICATION #: A 2017-106
ADDRESS: 31 Cherry Street
PROPERTY OWNERS: Omawattie and Roopnarine Angad
APPLICANT: Andrew Head; Dryden, Smith & Head Planning Consultants
SUMMARIZED
RECOMMENDATION: APPROVE WITH CONDITIONS
DATE OF REPORT: November 14, 2017
REPORT
Planning Comments:
The subject property is located on the east side of Cherry Street between Walnut Street and
Strange Street. It is zoned Residential Five (R-5) in Zoning By-law 85-1 and designated Low
Rise Residential in the Official Plan. The applicant is proposing to legalize an existing four-plex.
HISTORY: In 2002, the previous owner obtained minor variance approval to construct a new
triplex building on a lot with reduced frontage of 10 metres rather than the required 15 metres.
The variance decision was approved but appealed and subsequently was approved with
conditions by the Ontario Municipal Board. The OMB decision (File No. V020354) was
conditional on items such as: provision of privacy fencing, planting of coniferous trees as part of
a Landscape Plan, implementation of a Tree Management Plan, installation of raised concrete
curbing along the driveway and preparation of a Lot Grading Plan. At this time staff cannot
confirm if all the conditions have been met as the Site Plan application SP 02/16/C/BS has
become inactive. The proposed change of use to the site will require a complete review of the
OMB conditions and Site Plan approval to ensure compliance.
The current landowners have owned the property since approximately 2003. It appears that the
fourth unit would have been added sometime after the building permit completion date for the
triplex use which was November 2004. The current owners are seeking to legalize the fourth
unit.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
City Planning staff conducted a site inspection of the property on November 10, 2017.
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.
The subject property is designated Low Rise Residential in both the City's 1994 Official Plan and
2014 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of
Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not
being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 and Part 2, Section
1.6 from the 1994 Official Plan is being reviewed for compliance. The proposed variance meets
the intent of the designation, which encourages a full range of housing types to achieve a low
density neighbourhood. The requested variance to permit four units rather than three units is
appropriate for the area and continues to maintain the low density character of the property and
surrounding neighbourhood.
As well, the proposed variance meets Part 2, Section 1.6 `Planning Approval Review' section of the
Official Plan as a site plan is required to demonstrate that the overall development will have
appropriate landscaping, screening and/or buffering to address the privacy of adjacent residential
development. It is noted that the proposed variance can provide an appropriate number of parking
spaces, landscaping and amenity area which all meet the intent of Section 1.6. Therefore, as the
proposed variance conforms to both the Low Rise Residential designation and Part 2, Section 1.6
of the 1994 Official Plan, it is the opinion of staff that the variance meets the general intent of
the Official Plan.
The requested variance meets the general intent of the Zoning By-law and can be considered
minor for the following reasons. The existing building was originally constructed in 2003 as a
triplex and accessory storage room. At some time in the past the storage room was converted
to the fourth dwelling unit. This year, through consultation between staff from different divisions
regarding addressing, it was discovered that a fourth unit existed that was not legally created.
The discovery of the fourth unit was as a result of staff review. No previous complaints
regarding this additional unit had been received to date.
Since this discovery, staff has reviewed the proposed rearrangement of the parking spaces and
four legal parking spaces can be accommodated. The spaces have been reviewed by the City's
Transportation Planning staff and they have no concerns. The rearrangement of the parking
area will require the installation of approximately 3.6 sq.m. of additional pavement. It is noted
that City requirements regarding grading and drainage will be reviewed for compliance through
Site Plan approval as well as appropriate conditions of the variance.
View from Cherry Street
An outdoor amenity area in the rear yard will continue to be provided for the residents of the
building. Any concerns that were raised in the past regarding privacy to neighbours and lot
grading will be addressed by the implementation and/or maintenance of conditions required by
the OMB decision which will be incorporated into a current Site Plan application. These
requirements will form part of a Section 41 agreement and will be enforced if not implemented.
The variance is appropriate for the development and use of the land. These lands are not affected
by the recent triplex study which would have placed a restriction of the number of multiples. The
site currently contains a fourplex and based on the comments in this report and as a result of any
outstanding conditions from 2002 being implemented; the requested variance should not impact
the existing character of the surrounding neighbourhood.
Based on the foregoing, Planning staff recommends that this application be approved subject
to the conditions outlined below in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit is
obtained for the change of use. Please contact the Building Division @ 519-741-2433 with permit
requirements and any questions.
Transportation Services Comments:
Transportation Services has worked with the applicant and are supportive of the
propose parking plan submitted.
Engineering Comments:
Engineering has no comments or concerns
Heritage Planning Comments:
Heritage Planning staff has no concerns with the proposed variance. The Kitchener Cultural
Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan
Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an
inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL)
conservation process. The owner of the property municipally addressed as 31 Cherry Street is
advised that the property is located within the Warehouse District 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. Please contact Michelle Drake, Senior Heritage & Policy Planner, for
more information.
RECOMMENDATION
That application A2017-106 requesting permission to legalize an existing four-plex in a
Residential Five (R-5) Zone whereas the By-law does not permit a four-plex within an R-5
Zone be approved subject to the following conditions:
1. That Site Plan approval is obtained from the Planning Division, to the satisfaction
of the Manager of Site Development and Customer Service; which shall include
but not be limited to implementation of conditions that were required by OMB File
No. V020354; changes to the parking area and the addition of a rear yard deck and
stairs;
2. That a Zoning (Occupancy) Certificate be obtained from the Planning Division;
3. That a Building Permit be obtained from the Building Division for a change of use;
and, if required, for the rear yard deck and stairs; and,
4. That the above noted conditions be fulfilled by April 1, 2018. Any request for a
time extension must be approved in writing by the Manager of Development
Review (or designate), prior to complete date set out in this decision. Failure to
fulfill these conditions will result in this approval becoming null and void.
Sheryl Rice Menezes, CPT Juliane von Westerholt, MCIP, RPP
Planning Technician (Zoning) Senior Planner
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
November 10, 2017 www.regionofwaterloo.ca
Holly Dyson
City of Kitchener
200 King Street West File: T 15-40/VAR KIT GEN
P.O. Box 1118 (01) /50, Forest Hill United Church
Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban
Developments, 1193-1201 FHM Rd
(04) /VAR KIT, 1142805 Ontario Inc.
(05) /VAR KIT, Roopnarine, Angad
(08) / VAR KIT, 2361693 Ontario Inc.
(09, 10) / VAR KIT, Emmanuel Bible College
(11, 12) /VAR KIT, Garden Brook Homes
(13) / VAR KIT, 673099 Ontario Ltd.
Freure North Subdivision (30T-98201)
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the
sign and its foundation are located on private property.
2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns.
3. 317 Greenbrook Drive (A 2017-104): No concerns.
4. 2399 Kingsway Drive (A 2017-105): No concerns.
5. 31 Cherry Street (A 2017-106): No concerns.
6. 386 Southill Drive (A 2017-107): No concerns.
7. 42 Marlis Crescent (A 2017-108): No concerns.
8. 125 Margaret Avenue (A 2017-109): No concerns.
9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns.
10.110 Fergus Avenue (A 2017-111): No concerns.
11.27 Bismark Avenue (A 2017-112): No concerns.
12.27 Bismark Avenue (A 2017-113): No concerns.
13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns.
DOCS: 2553615
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: November 06, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located
Authority areas of interest. As such, we will
and plan review fees will not be required
additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
outside the Grand River Conservation
not undertake a review of the applications
. If you have any questions, or require
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
J
Staff Report
KITCH��r,R Community Services Department www.kifcheneua
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
November 21, 2017
SUBMITTED BY:
Juliane von Westerholt, Senior Planner, 519-741-2200 x7157
PREPARED BY:
Katie Anderl, Senior Planner, 519-741-2200 x7987
APPLICATION #:
A2017-107
ADDRESS:
386 Southill Drive
PROPERTY OWNER:
Dejan and Olga Brakus
SUMMARIZED
RECOMMENDATION:
Approve
DATE OF REPORT:
November 10, 2017
Location Map: 386 Southill Drive
REPORT
The subject property is located at 386 Southill Drive. The original single detached dwelling was
constructed in about 1988 and includes a single car attached garage. The owner received a
building permit in the summer of 2017 to construct an additional attached garage. The owner
has indicated to staff that this garage will be used for long-term seasonal storage of a second
vehicle (i.e. the vehicle will remain parked in the garage for the duration of winter months, and
will be parked on the existing driveway when in use other times of the year). The new garage is
K Staff Report
K�Tc� ►� :R Community Services Department wm kitcheneua
currently under construction, and during a recent inspection by Building Division staff it was
observed that the garage does not meet the required side yard setback. Upon further review,
planning staff has identified that the combination of the existing single detached garage and
new double car garage extend for 72% of the fagade width rather than 70% and an irregular
driveway is proposed which exceeds the permitted driveway width of 50%. As such, and to
allow completion of the garage the following minor variances are required:
1. To permit a side yard setback of 0.6 metres, whereas section 38.2 requires 1.2 metres;
2. To permit the attached garages to have a maximum cumulative width of 72% of the front
fagade of the dwelling, whereas section 5.5A.1 permits a maximum width of 70%; and
3. To permit a driveway having a width of 85% of the lot width, whereas section 6.1.1.1.b)
e) permits a maximum width of 50%.
Photo — 386 Southill Drive (October 30, 2017)
Planning Analysis
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.
The subject lands are designated Low Rise Residential. The intent of this designation is to
permit low density housing types, and policies require that new development is compatible with
existing neighbourhoods. The use as a single detached dwelling complies and staff is of the
opinion that the proposed variances will allow a garage and driveway design that is compatible
with the existing neighbourhood, in accordance with the discussion and recommendations
below.
, Staff Report
I .R Community Services Department wm kitcheneua
The lands are zoned Residential Four Zone (R-4) which requires a 1.2 metre side yard setback.
The purpose of this setback is to ensure sufficient separation between existing homes, to align
with typical building code requirements, to provide space for access to rear yards and to allow
space for maintenance of eaves, walls, etc. Building Division staff has indicated that with minor
changes Building Code requirements will be met and request that new drawings be submitted.
There is about a 1.7 metre side yard on the opposite side with an existing pedestrian walkway
which provides direct access the rear yard. Further, regulations of the zoning by-law permit
detached accessory structures, which may include a detached garage, to be located 0.6 metres
from the side lot line. Detached accessory structures require a lessor setback in part, because
they are only permitted to be one storey, which requires less space for maintenance than a two
or three storey building. The subject attached garage is proposed to have a height of 2.4
metres near the side property line, sloping up to a maximum height of 4.27 metres where it
meets the house. The height is consistent with the heights permitted for a detached accessory
structure. Based on the foregoing, planning staff is of the opinion that the intent of the side yard
setback is maintained.
The purpose of limiting the maximum width of garages and driveways is to provide for an
attractive streetscape which is not dominated by garages, and to protect space for front yard
landscaping, street trees, and on -street parking between driveways. The proposed garage is
unusual in that it is not an extension of the existing garage, but is separated from the existing
garage by the front porch. The new garage does not project in front of the fagade of the existing
house which minimizes its visual impact on the street. There are also three large coniferous
trees in the front yard which help screen the new garage and are being retained. In addition, the
existing driveway access at the street is not proposed to be expanded. This ensures there is no
additional impact to availability of on -street parking. Further discussion with respect to the
driveway width and configuration is provided below. Based on the foregoing, staff is of the
opinion that the proposal to increase the width of the garages from 70% to 72% of the fagade
maintains the intent of the zoning by-law.
The applicant also requires a variance for the driveway width. The by-law permits a maximum
driveway width of 50% of the lot width. However in this instance, because the two garages are
separate, in order to access the new garage the driveway must be significantly wider at its
widest point. The intent of the garage width regulation is to ensure that a street is not
dominated by driveways, and so that there is space for on -street parking, street trees and front
yard landscaping. The new garage is proposed to be used for long-term winter storage of a
personal vehicle (not driven in winter). Because the new garage will only be accessed
infrequently, the owner proposed a two track, single car width driveway extending from the
existing driveway to the new garage. Transportation planning staff suggests that because of the
curve in the driveway that a two -track driveway may be difficult to manoeuver and suggest a
single car width driveway paved with grass pavers. This will create a single solid surface which
will blend in with the lawn. Further, this design will not require the driveway apron to be
widened and there is no impact to on -street parking.
While the proposed driveway configuration is unusual, staff is satisfied that it will function
appropriately for the purpose of the garage. Staff recommends that any portion of the driveway
which is permitted to exceed 50% of the lot width must be located a minimum of 3 metres from
the front lot line. This is consistent with the zoning by-law requirement that a drive -aisle be
located at least 3 metres from the property line to allow for a landscape buffer, and that the
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owner be required to construct the driveway in accordance with the Driveway Location Sketch
included in this report. Staff also recommends that conditions be included which will limit the
storage of vehicles in the garage to long-term seasonal storage; which indicate that the new
driveway is for access purposes only and that the owner agrees not to park on the driveway
extension; that the owner acknowledges that the Zoning By-law does not allow for the
construction of a second driveway; and that the owner agrees not to expand the existing width
of the driveway apron beyond 50% of the lot width.
Driveway Location Sketch
Based on the foregoing and subject to the recommended conditions, staff is of the opinion that
the intent of the by-law is maintained, that the proposed variances are minor, and that they are
appropriate for the development and use of the lands.
Building Comments:
The Building Division has no objections to the proposed variance. Note that the exterior wall face of
the attached garage shall have no openings, and the wall shall have a fire resistance rating not less
than 45 minutes. A Building permit has been applied for and issued for the new attached garage.
Revised drawings are to be submitted to the Building Division.
Transportation Services Comments:
Transportation Services staff has no concerns, subject to the driveway being constructed in
accordance with the Driveway Location Sketch and that the driveway extension consist of grass
pavers.
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Engineering Comments:
Engineering has no concerns.
RECOMMENDATION:
That minor variance application A2017-107 requesting relief from s.38.2 of Zoning By-law 85-1
to allow a side yard setback of 0.6 metres, rather than 1.2 metres; from s. 5.5A.1 of Zoning By-
law 85-1 to permit the attached garages to have a maximum cumulative width of 72% of the
front fagade of the dwelling, rather than 70%; and from s. 6.1.1.1 (b)(e) of Zoning By-law 85-1 to
permit a driveway having a maximum width of 85% of the lot width, rather than 50%, be
approved, subject to the following conditions:
1. That any portion of the driveway which exceeds 50% of the lot width must be setback
3.0 metres from the front lot line.
2. That the driveway extension be constructed by June 30, 2018, to the satisfaction of the
City's Director of Planning and Director of Transportation Services, and in accordance
with the Driveway Location Sketch contained in report A2017-107.
3. That the Owner shall enter into an agreement with the Corporation of the City of
Kitchener, to be prepared by the City Solicitor and registered on title, agreeing to the
following:
a. That the Owner shall construct an extension to the existing driveway on the
lands, which extension shall connect the existing driveway to the new attached
garage through the front yard of the lands.
b. That the said driveway extension shall be constructed with grass pavers and
maintained as a single car -width driveway extension only. For greater certainty,
the agreement will indicate that construction and maintenance of the driveway
extension will be in exact accordance with the foregoing, neither more nor less, it
being the intention that the foregoing shall represent the sole standard of
construction and maintenance of the said driveway extension and shall not be
regarded as either a minimum or maximum standard.
c. That the Owner acknowledges that the said driveway extension shall be used for
access purposes only, and that the Owner agrees not to park on the said
driveway extension.
d. That, with respect to vehicular storage, the new garage shall only be used for the
long-term seasonal storage of motor vehicles or major recreational equipment.
e. The Owner shall acknowledge that the said driveway extension shall be
construed to be an extension of the original driveway on the property and not a
new driveway, and that the Zoning By-law does not allow for the construction of a
second driveway between the street and the new garage on the lands or the
expansion of the driveway apron beyond 50% of the lot width.
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4. That the owner shall submit revised Building Permit drawings to the satisfaction of the
City's Building Division.
Katie Anderl, BES, MICP, RPP
Senior Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
November 10, 2017 www.regionofwaterloo.ca
Holly Dyson
City of Kitchener
200 King Street West File: T 15-40/VAR KIT GEN
P.O. Box 1118 (01) /50, Forest Hill United Church
Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban
Developments, 1193-1201 FHM Rd
(04) /VAR KIT, 1142805 Ontario Inc.
(05) /VAR KIT, Roopnarine, Angad
(08) / VAR KIT, 2361693 Ontario Inc.
(09, 10) / VAR KIT, Emmanuel Bible College
(11, 12) /VAR KIT, Garden Brook Homes
(13) / VAR KIT, 673099 Ontario Ltd.
Freure North Subdivision (30T-98201)
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the
sign and its foundation are located on private property.
2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns.
3. 317 Greenbrook Drive (A 2017-104): No concerns.
4. 2399 Kingsway Drive (A 2017-105): No concerns.
5. 31 Cherry Street (A 2017-106): No concerns.
6. 386 Southill Drive (A 2017-107): No concerns.
7. 42 Marlis Crescent (A 2017-108): No concerns.
8. 125 Margaret Avenue (A 2017-109): No concerns.
9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns.
10.110 Fergus Avenue (A 2017-111): No concerns.
11.27 Bismark Avenue (A 2017-112): No concerns.
12.27 Bismark Avenue (A 2017-113): No concerns.
13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns.
DOCS: 2553615
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: November 06, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located
Authority areas of interest. As such, we will
and plan review fees will not be required
additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
outside the Grand River Conservation
not undertake a review of the applications
. If you have any questions, or require
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
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REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
APPLICATION #:
ADDRESS:
PROPERTY OWNER:
SUMMARIZED
RECOMMENDATION:
DATE OF REPORT:
REPORT:
Planning Comments:
Committee of Adjustment
November 21St, 2017
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
April Best-Sararas, Planning Student 519-741-2200 ext. 7074
A2017-108
42 Marlis Crescent
Kurt and Karin Schuemann
Approve
November 8t", 2017
P
Location Map: 42 Marlis Crescent
City Planning staff conducted a site inspection of the property on November 8t", 2017. The
subject property is located at 42 Marlis Crescent and is designated Low Rise Residential in both
the 1994 and 2014 Official Plans, and zoned Residential Three Zone (R-3) in Zoning By-law 85-
1. The lands currently contain a single detached dwelling, and recently constructed sunroom
addition and as such, the owner is requesting relief from Section 37.2.1 to legalize the existing
side yard setback of 1.1 metres (3.6 ft) for the addition, whereas 1.2 metres (3.9 ft) is required.
Existing dwelling and addition at 42 Marlis Crescent
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:
The subject property is designated Low Rise Residential in both the City's 2014 Official
Plan and 1994 Official Plan. Although a significant number of Low Rise Residential policies
from the 2014 Official Plan are under appeal, it should be noted that certain policies do
apply. In this case, both plans are being relied upon to determine whether the subject
variance meets the intent of the Official Plan. It is Planning staffs opinion that the proposed
variance meets the general intent of the Official Plan, which encourages a range of housing
forms that achieve an overall low density neighbourhood. Legalizing the existing condition
will maintain the low density character of the property and surrounding neighbourhood.
2. The requested variance to reduce the side yard setback from 1.2 metres to 1.1 metres
meets the general intent of the Zoning By-law. The intent of the 1.2 metre side yard setback
is to ensure there is adequate separation between neighbouring properties, and to provide
access to the rear yard. Given that the reduced side yard setback of the addition already
exists, Staff is satisfied the reduction of 0.1 metres will continue to provide adequate
separation and access to the rear yard.
3. The variance can be considered minor. Given that the purpose of the variance is to
legalize the existing side yard setback for the addition, Staff is satisfied that the
requested variance will not present any significant impacts on adjacent properties or the
overall neighbourhood that do not already exist.
4. 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. The application is to
legalize an existing setback; therefore, the proposed variance will not negatively impact the
existing character of the subject property or surrounding neighbourhood.
Based on the above comments, Staff is of the opinion that the variance requested is minor,
meets the general intent of the Zoning By-law and Official Plan, and is appropriate for the lot
and surrounding neighbourhood.
Building Comments:
The Building Division has no objections to the proposed variance. A building permit has been
applied for and is currently under review for this rear yard addition.
Engineering Comments:
Engineering has no comments or concerns.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Heritage Comments:
No heritage planning concerns.
RECOMMENDATION:
That minor variance application A2017-108 requesting relief from Section 37.2.1 to legalize the
existing side yard setback of 1.1 metres (3.6 ft) for the addition, whereas 1.2 metres (3.9 ft) is
required, be approved.
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
November 10, 2017 www.regionofwaterloo.ca
Holly Dyson
City of Kitchener
200 King Street West File: T 15-40/VAR KIT GEN
P.O. Box 1118 (01) /50, Forest Hill United Church
Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban
Developments, 1193-1201 FHM Rd
(04) /VAR KIT, 1142805 Ontario Inc.
(05) /VAR KIT, Roopnarine, Angad
(08) / VAR KIT, 2361693 Ontario Inc.
(09, 10) / VAR KIT, Emmanuel Bible College
(11, 12) /VAR KIT, Garden Brook Homes
(13) / VAR KIT, 673099 Ontario Ltd.
Freure North Subdivision (30T-98201)
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the
sign and its foundation are located on private property.
2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns.
3. 317 Greenbrook Drive (A 2017-104): No concerns.
4. 2399 Kingsway Drive (A 2017-105): No concerns.
5. 31 Cherry Street (A 2017-106): No concerns.
6. 386 Southill Drive (A 2017-107): No concerns.
7. 42 Marlis Crescent (A 2017-108): No concerns.
8. 125 Margaret Avenue (A 2017-109): No concerns.
9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns.
10.110 Fergus Avenue (A 2017-111): No concerns.
11.27 Bismark Avenue (A 2017-112): No concerns.
12.27 Bismark Avenue (A 2017-113): No concerns.
13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns.
DOCS: 2553615
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: November 06, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located
Authority areas of interest. As such, we will
and plan review fees will not be required
additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
outside the Grand River Conservation
not undertake a review of the applications
. If you have any questions, or require
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
PROPERTY OWNER: JEC Properties Inc.
SUMMARIZED
RECOMMENDATION: Approve with conditions
DATE OF REPORT: November 8, 2017
Subject Properties - 101 & 105 Mt. Hope Street
REPORT
Planning Comments:
The subject properties are located on the south side of Mt. Hope Street between York Street
and Eden Avenue. The properties are designated as Low Rise Conservation in the KW Hospital
Secondary Plan. The subject properties are zoned Residential Five (R-5) and Residential Five
(R-5) with Special Regulation Provision 129U (which prohibits a 3 unit multiple dwelling) in the
City's Zoning By-law. The subject properties each contain a detached dwelling in very poor
condition and both lots contain a number of trees and vegetation. Because of the poor condition
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REPORT TO:
Committee of Adjustment
DATE OF MEETING: November 17, 2015
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Brian Bateman, Senior Planner - 519-741-2200 ext. 7869
APPLICATION #:
B2017-032
ADDRESS:
101 & 105 Mt. Hope Street
PROPERTY OWNER: JEC Properties Inc.
SUMMARIZED
RECOMMENDATION: Approve with conditions
DATE OF REPORT: November 8, 2017
Subject Properties - 101 & 105 Mt. Hope Street
REPORT
Planning Comments:
The subject properties are located on the south side of Mt. Hope Street between York Street
and Eden Avenue. The properties are designated as Low Rise Conservation in the KW Hospital
Secondary Plan. The subject properties are zoned Residential Five (R-5) and Residential Five
(R-5) with Special Regulation Provision 129U (which prohibits a 3 unit multiple dwelling) in the
City's Zoning By-law. The subject properties each contain a detached dwelling in very poor
condition and both lots contain a number of trees and vegetation. Because of the poor condition
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of the dwellings, demolition is being proposed. Demolition Control will be required in addition to
a demolition permit as the proposed development of semi-detached dwellings requires the
demolition of the existing housing stock. Surrounding land use consists primarily of low rise
single and semi-detached dwellings and an apartment building is located on the opposite side of
Mt. Hope Street.
A site inspection occured on October 25, 2017.
Street View (above) & Rear View (below) of Subject Properties
The owner is proposing to sever a portion of 101 Mt. Hope Street measuring 3.08 metres wide,
27.4 metres long, with a lot area of approximately 84.5 square metres, and add it as a lot
addition to 105 Mt. Hope Street. This will result in both properties having in excess of 15 metres
of frontage.
The application is proposed so that each property can be redeveloped with semi-detached
dwellings as permitted by the R-5 zoning. To that end, staff has been working with the applicant
to ensure that a compatible and complimentary form of semi-detached dwelling is erected, while
conserving as many of the on-site trees as practically possible. There will be conditions of
approval imposed that speak to these requirements and staff is recommending that these be
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fulfilled prior to finalizing the lot addition. It is further expected the owner will be applying for a
future severance application in order to divide the properties into two separate parcels of land in
order to legally convey each half of a semi-detached dwelling. Minor variances may also be
required at that time in order to implement a preferred building location and severance plans.
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, the proposed lot addition will result in lot sizes that are appropriate
and suitable for the proposed use and are consistent with the surrounding lotting fabric, the
lands front on an established public street, and adequate utilities and municipal services are
available.
The properties designated as Low Rise Conservation in the KW Hospital Secondary Plan, are
proposed to be redeveloped with semi-detached dwellings which are compatible with the low
rise and low density residential character of the neighbourhood. Semi-detached dwellings are a
permitted use within the Residential Five Zone (R-5). The proposed lot addition will result in a
more uniform lot configuration, and building location and elevation plans will be required prior to
final approval to ensure compatibility in height and scale. This requirement is consistent with
the Official Plan. Section 4C1.7 of the Official Plan authorizes the City to request plans and
building drawings that demonstrate a proposal is compatible in regards to built form,
architectural design, landscaping or buffering.
Heritage Comments:
Heritage Planning staff has no concerns with the application.
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared
by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to
establish an inventory. The CHLS was the first step of a phased cultural heritage landscape
(CHL) conservation process. The owner of the properties municipally addressed as 101 and 105
Mount Hope Street is advised that the properties are located within the Gildner Neighbourhood
CHL. The owner(s) 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. Please contact Michelle Drake, Senior Heritage & Policy
Planner, for more information.
Staff notes that the subject properties are located within the KW Hospital Secondary Plan. The
City will be commencing a secondary plan review in 2018. The land use and zoning of the
properties are subject to change. For more information, please contact Michelle Drake, Senior
Heritage & Policy Planner, by phone (519-741-2200 ext. 7839) or by email
(michel le.drake(o)kitchener.ca).
Building Comments:
The Building Division has no objections to the proposed consent provided the demolition permit for
101 Mount Hope St is obtained. 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. Separate
building permit(s) will also be required for the construction of the new semi-detached dwellings.
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Transportation Comments:
Transportation Services has no concerns with the proposed severance and notes that the
driveway visibility triangles of 4.57 metres must be maintained for the retained and severed
portions.
Engineering Comments:
Engineering has no comments or concerns with the lot addition.
Community Services Comments:
Park land dedication is not required as the proposed severance will not create a new
developable lot.
Environmental Planning Comments:
As a condition of approval, the owners must enter into agreement on both the severed and
retained parcels to complete, get approval of, and implement a Tree Preservation/
Enhancement Plan prior to issuance of building permit.
Based on the foregoing, planning staff recommends that consent application B2017-032 be
approved subject to the conditions outlined in the Recommendation section of this report.
RECOMMENDATION:
That Application B2017-032 requesting to sever a parcel of land from 101 Mt. Hope Street
measuring 3.08 metres wide, 27.4 metres long, with a lot area of approximately 84.5 square
metres, and add it as a lot addition to 105 Mt. Hope Street, be approved subject to the
following conditions:
That the lands to be severed be added to the abutting lands and title be
taken into identical ownership as the abutting lands. The deed for
endorsement shall include that any subsequent conveyance of the parcel
to be severed shall comply with Sections 50(3) and/or (5) of the Planning
Act, R.S.O. 1990, c. P.13, as amended.
2. 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.
3. That the Owner shall receive full and final approval of a Demolition
Control application for the demolition of 101 and 105 Mt. Hope Street
to the satisfaction of the Director of Planning.
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4. That a Demolition Permit is obtained to the satisfaction of the Chief
Building Official.
5. That the Owner shall enter into an agreement with the City of Kitchener
to be prepared by the City Solicitor and registered on title for 101 and
105 Mt. Hope Street which shall include the following:
a. That the owner shall prepare a Tree Preservation Plan for the
severed and retained lands in accordance with the City's Tree
Management Policy, to be approved by the City's Director of
Planning and where necessary, implemented prior to any
grading, tree removal or the issuance of building permits. Such
plans shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and
vegetation to be preserved.
b. The Owner further agrees to implement the approved plan. No
changes to the said plan shall be granted except with the prior
approval of the City's Director of Planning.
C. That prior to any grading or the application or issuance of a
building permit, the Owner shall submit the following to the
satisfaction and approval of the City's Director of Planning
showing:
(i) the proposed location of all buildings (including accessory
buildings and structures), decks and driveways;
(ii) the location of any existing buildings or structures to be
removed or relocated;
(iii) the proposed grades and drainage;
(iv) the location of all trees to be preserved, removed or potentially
impacted on or adjacent to the subject lands, including notations
of their size, species and condition;
(v) outline tree protection measures for trees to be preserved; and
(vi) building elevation drawings.
d. The Owner ensures any boulevard trees identified by the City for
retention are protected during construction to the satisfaction of
the City's Operations and Planning. That prior to the issuance of
a 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 Operations.
e. That prior to issuance of a building permit, the Owner makes
satisfactory arrangements with the Director of Engineering in
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consultation with the Chief Building Official for the removal of
and installation of new service connections.
That prior to issuance of a building permit, the Owner makes
satisfactory arrangements financial or otherwise for any
relocation/removal of any existing City -owned street furniture,
transit shelters, signs, hydrants, utility poles, wires or lines, as
required, to the satisfaction of the appropriate City department.
Brian Bateman, MCIP, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
N*
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rl oo.ca
Carolyn Crozier 575-4757 ext. 3657
File No. D20-20/17 KIT
November 15, 2017
Re: Comments for Consent Applications
B2017-032 to B2017-047 and
CC 2017-001
Committee of Adjustment Hearing November 21, 2017
CITY OF KITCHENER
B 2017-032
101 & 105 Mount Hope Street
Mohammad Abdullah c/o JEC Properties Inc.
The purpose of this application is to create a new lot for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Regional staff has no objections to the proposed application subject to the
following condition:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
Document Number: 2557950
B 2017-033
393-411 Queen Street S., 168, 170-172, 176 and 180 Benton Street
Polocorp Inc.
The purpose of this application is to sever a parcel of land from 399 Queen Street South
and 168 Benton Street and convey it as a lot addition to the lands addressed as 170-
172, 176 and 180 Benton Street.
Corridor Planning
Noise
A noise study, dated January 17, 2017, prepared by IBI Group was submitted for the
associated Site Plan application SP17/015/Q/GS. Clarifications on details of the study
were requested by Corridor Planning staff on March 13, 2017. Clarification has not yet
been received.
Prior to final approval, the applicant is required to satisfy outstanding matters pertaining
to the noise study, and, if required, enter into a registered development agreement with
the Region of Waterloo to implement the findings of the study.
Regional staff has no objections to the proposed application, subject to the
following condition:
1. That, prior to final approval, the applicant provides clarification to Region staff to
satisfy the noise study requirements, and, if necessary, enter into a Registered
Development Agreement with the Region of Waterloo to implement the findings
of the study.
B2017-034 — B2017-037
Courtland Avenue East and Blockline Road
Viridis Development Group Inc.
The purpose of these applications is to sever three lots for residential/commercial
development and retain one lot, and create easements for servicing.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00 per each new lot created, for a total fee of $1,050.00.
Source Water Protection
Document Number: 2557950
The applicant is advised that they will be required to submit a Salt Management Plan for
the severed and retained lots, prior to Site Plan approval.
Corridor Planning
Regional Road Dedication
While no additional lands are required to satisfy the Regional Official Plan, additional
lands are required to accommodate the implementation of a 2.1 metre sidewalk along
the entire Courtland Avenue frontage. The applicant must engage an Ontario Land
Surveyor (OLS) to prepare a draft reference plan which illustrates the required road
allowance widening and/or easement where required. Prior to registering the reference
plan, the OLS should submit a draft copy of the plan to the Transportation Planner for
review. An electronic copy of the registered plan is to be emailed to the Transportation
Planner. Further instructions will come from the Region's Legal Assistant with regard to
document preparation and registration. Final registration of the reference plan can be
deferred to the Site Plan Application.
Traffic Site Circulation & Access
Regional staff are working with the applicant to secure a full movement access from
Courtland Avenue directly opposite Hillmount Street. Final design and costing will all be
deferred to the Site Plan Application.
The applicant will be required, prior to final approval of the consent application, to enter
into an agreement with the Region of Waterloo to provide reciprocal access easements
between the proposed retained lands and the severances to accommodate vehicular,
bus and construction traffic.
A Regional Road Access Permit will be required for the proposed access to Courtland
Avenue. The Access Permit can be deferred to the Site Plan Application.
Stormwater Management
A lot grading plan and stormwater management report will be required at the Site Plan
Application stage.
Transit Planning
Grand River Transit has been involved in the development of these lands and transit
comments will be provided at the Site Plan Application stage.
Land Use Compatibility
Document Number: 2557950
The applicant is required to address land use compatibility through the associated
Official Plan Amendment and Zone Change Applications. Land use compatibility studies
include, but are not limited to, road, rail and stationary noise, and vibration studies.
Road, stationary, and railway noise and vibration studies have been submitted in
support of the aforementioned Official Plan Amendment and Zone Change Applications
for these lands. These studies are currently under review by both the Region and rail
line authorities (CNR and CPR).
Additional study requirements and/or recommendations for mitigation stemming from
these studies must be secured through a Registered Development Agreement with the
City of Kitchener and/or the Region of Waterloo, or the rail line authorities, as
necessary, prior to final approval of these consent applications.
Regional staff has no objections to the proposed applications subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00 for each new lot created, for a total
fee of $1,050.00.
2. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the Region of Waterloo to provide for reciprocal access
easements between the proposed retained lands and the severances to
accommodate vehicular, bus and construction traffic.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the City of Kitchener and/or the Region of Waterloo, or rail
authorities, as necessary, to implement the findings of the following studies, and
any addendums, or emerging reports:
a. "Virerra Village, Kitchener Ontario, Acoustical Report" (IBI Group, March
31,2017);
b. "Courtland and Blockline Development,
Kitchener, Ontario" (Aercoustics, April 7
B2017-038 and B2017-039
125 Margaret Avenue
2361693 Ontario Inc.
Rail Vibration Impact Study,
, 2015).
The purpose of these applications is to create a new lot for residential development
(132017-038) and to grant easements on the severed and retained lands for driveway
access (132017-039).
Community Planning
Document Number: 2557950
Fees
Staff acknowledge receipt of the consent application fee of $350.00.
Corridor Planning
Noise
The severed and retained lands will have impacts from increasing road noise on
Margaret Avenue and Wellington Street North. The lands are also in close proximity to a
railway mainline.
Prior to final approval, the applicant is required to enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
B2017-040
100-110 Fergus Avenue
Document Number: 2557950
Emmanuel Bible College
The purpose of this application is to sever a parcel of land for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Regional Road Dedication
A dedicated road widening is required. An Ontario Land Surveyor must determine the
exact amount of the road widening along Weber Street East. Additionally, a daylight
triangle of 7.62 metres along the new property lines along Weber Street East and
Fergus Avenue will be required at owner's cost. A plan showing the required dedicated
widening is attached.
A draft reference plan for the road widening prepared by an Ontario Land Surveyor
must be provided for review by Regional staff, prior to depositing the Reference plan to
Land Registry office.
The owner must provide a copy of registered Reference plan and owner's legal
representative's contact information who would be required to work with Region's Legal
division to complete the required documentation for the dedicated road widening.
The dedication is required prior to final approval of the consent application.
Noise
The severed and retained lands will have impacts from increasing road noise on Weber
Street, Highway 8 and Fergus Avenue. Prior to final approval of the consent
application, the applicant is required to enter into a Registered Development Agreement
with the Region of Waterloo to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant is required to convey the road widening
(equal to 26.213 meters) and the 7.62 daylight triangle to the Region.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
B2017-041 and B2017-042
27 Bismark Avenue
2536306 Ontario Inc.
The purpose of these applications is to create a new lot for residential development
(B2017-041) and to grant easements on the severed and retained lands for mutual
driveway access (B2017-042).
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Noise
The subject lands are located within 75 metres vibration influence zone of a main
railway line. Prior to final approval, the applicant is required to enter into a Registered
Development Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
Document Number: 2557950
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
Document Number: 2557950
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
B2017-043 — B2017-047
Plan of Subdivision 58M-569 of Part of Lot 13, Biehn's Tract (Rockcliffe Drive)
Community Planning
The Region's concerns regarding the subject lands have previously been addressed
through the subdivision application 30T-98201 Stage 5a, registered as 58M-569
December 12, 2013.
Staff notes the intent of the above applications is to create 6 lots from previous 5 lots
and adjust the lot lines accordingly. For clarification it must be noted that that new
Municipal Nos. 11, 7, 5 would be subject to conditions as previously applicable to Lots 3
& 4 in the original subdivision agreement; and new Municipal No. 3 (corner lot) would be
subject conditions as previously applicable to Lot 5 in the original subdivision agreement
with the City (WR791465 November 26, 2013). It is anticipated that based on the final
lots configuration the Municipal No. 11 being partially on lands of the original lot 3 in the
approved subdivision; for purpose of the noise study, a revision to the original
subdivision agreement may not be required.
Due to minor adjustments of the lot lines as shown on the Figure 6 -Ultimate Lotting, an
update / addendum to the final noise study dated revised February 2014 as accepted
by the Region's letter dated April 08, 2014 will not be required for the above
applications.
Document Number: 2557950
Regional staff has no objections to the proposed application.
CC 2017-001
369 and 375 Frederick Street
Brent Gingerich, People Care Inc.
The purpose of this application is to seek permission to change the conditions of
Provisional Consent application B2017-019 to include an additional condition granting a
servicing easement.
Corridor Planning
Noise
Corridor Planning staff recently received a Noise Impact Feasibility Study, prepared by
Pinchin Ltd., dated March 29, 2017, in support of the original consent application.
Staff are currently reviewing the study and any recommendations from the study must
be secured through a Registered Development Agreement with the Region of Waterloo
prior to final approval of the consent.
Regional staff has no objections to the proposed application, subject to the
following condition:
1) That, prior to final approval, the applicant, if necessary, based on the review of
the submitted noise study, enter into a Registered Development Agreement with
the Region of Waterloo to implement the findings of the study.
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 14-046 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,
G�
Carolyn Crozier M.Sc.PI, MCIP, RPP
Principal Planner
Document Number: 2557950
cc. Juliane vonWesterholt, City of Kitchener (via email)
Brian Bateman, City of Kitchener (via email)
Document Number: 2557950
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
IPLAN REVIEW REPORT: City of Kitchener
Hollv Dvson
DATE: November 06, 2017 YOUR FILE: See below
Updated Nov 16, 2017
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B2017-032
101 & 105 Mount Hope Street
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
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Report:
The application is proposing to sever lands addressed as 399 Queen Street South (which has
merged with 168 Benton Street) from lands addressed as 379-389 Queen Street South, and to
add the severed lands with 170-172, 176, and 180 Benton Street.
Staff Report
KZTCHF.:R
Community Services Department wmkitchenerca
REPORT TO:
Committee of Adjustment
DATE OF MEETING: November 21, 2017
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Garett Stevenson, Planner — 519-741-2200 ext. 7070
APPLICATION #:
B2017-033
ADDRESS:
393-411 Queen St. S. & 168,170-172,176 & 180 Benton St.
PROPERTY OWNER:
Polocorp Inc. & Barra On Queen Inc.
SUMMARIZED
RECOMMENDATION:
Approve with conditions
DATE OF REPORT:
November 10, 2017
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Subject Properties
Report:
The application is proposing to sever lands addressed as 399 Queen Street South (which has
merged with 168 Benton Street) from lands addressed as 379-389 Queen Street South, and to
add the severed lands with 170-172, 176, and 180 Benton Street.
, Staff Report
I .R Community Services Department wm kitcheneua
In September 2016, Kitchener City Council approved zone change application ZC13/10/Q/GS to
apply Special Regulation 517R (as revised) to the proposed severed lands and the lot addition
properties to allow for the comprehensive redevelopment with a multiple dwelling development.
The proposed development has been site plan approved in principle. The existing four
residential buildings along Benton Street are proposed to be demolished. A temporary
condominium sales trailer is currently on site at 399 Queen Street South. A site visit was
undertaken on November 9, 2017.
The proposed severed lands are approximately 31.992 metres wide at Queen Street and 16.764
metres wide at Benton Street, a total depth of 123.176 metres, and a total area of 3214 square
metres.
View from Queen Street South
Planning Comments:
The subject lands are within the Mill Courtland -Woodside Park Secondary Plan and are
designated as Mixed Use Corridor, Open Space, and Medium Density Commercial Residential.
Multiple dwellings are a permitted use with a maximum Floor Space Ratio of 2.0.
The lands are within the plan boundary of the PARTS Central Plan which was approved on May
16, 2016 by Kitchener City Council. The portion of the property along Queen Street South is
shown as Low Density Mixed Use and the portion along Benton Street is Low Rise Residential.
While the properties have split zoning, both the proposed severed lands and lot addition lands
are all subject to Special Regulation Provision 517R which provides site specific zoning
regulations for the redevelopment proposal. The base zoning of the portion along Queen
, Staff Report
I Tc� ►� .R Community Services Department wm kitcheneua
Street South is Low Intensity Mixed -Use Corridor (MU -1) and the portion along Benton Street is
Commercial Residential Two Zone (CR -2). The Benton Street properties are also subject to a
special use provision to permit semi-detached and street fronting townhouses.
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 proposed severance and lot additions 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. The size, dimensions and shapes of the
proposed lots is suitable for the use of the lands. The lands front onto two established public
streets, and both the severed and retained lands can be adequately serviced with connections
to municipal services. Planning staff is 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.
Transportation Comments:
Transportation Services has no concerns with the proposed application.
Engineering Comments:
This project is currently under review by Engineering as part of the site plan approval process
and all engineering comments will be addressed as part of that approval.
Operations Comments:
Park Dedication will be calculated as part of the site plan approval process.
Heritage Comments:
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared
by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to
establish an inventory. The CHLS was the first step of a phased cultural heritage landscape
(CHL) conservation process. The owner of the properties along Benton Street is advised that
the properties are located within the Cedar Hill Neighbourhood CHL. The owner 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. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information.
In addition, the subject properties along Queen Street South are located within the Victoria Park
Area Heritage Conservation District (VPAHCD). As such, they are designated under Part V of
the Ontario Heritage Act and subject to the policies and guidelines of the VPAHCD Plan. A copy
of the District Plan is available online
http://www.kitchener.ca/en/livinginkitchener/resources/Heritage plan victoria park.Pdf.
, Staff Report
I Tc� ►� .R Community Services Department wm kitcheneua
Given that the proposed consent application is to sever lots on title, Heritage Planning staff has
no concerns with the subject application.
Note that the subject properties are located within the Mill Courtland Woodside Park Secondary
Plan. The City will be commencing a secondary plan review in 2018. The land use and zoning of
the properties are subject to change. For more information, please contact Lauren Nelson by
phone (519-741-2200 ext. 7072) or by email (lauren.nelson(a�kitchener.ca).
Environmental Planning Comments:
Environmental Planning Staff has no comments on the proposed application. Tree
management and storm water management issues are addressed as part of the site plan
approval process.
RECOMMENDATION:
That application and Application B2017-033 requesting to sever lands that are 31.992
metres wide at Queen Street and 16.764 metres wide at Benton Street, a total depth of
123.176 metres, and an approximate total area of 3214 square metres, be approved
subject to the following conditions;
1. That the Owner provide a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as
well as one full size paper copy 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 lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
3. 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.
4. 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.
Garett Stevenson, BES, MCIP, RPP Juliane von Westerholt, MCIP, RPP
Planner Senior Planner
N*
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rl oo.ca
Carolyn Crozier 575-4757 ext. 3657
File No. D20-20/17 KIT
November 15, 2017
Re: Comments for Consent Applications
B2017-032 to B2017-047 and
CC 2017-001
Committee of Adjustment Hearing November 21, 2017
CITY OF KITCHENER
B 2017-032
101 & 105 Mount Hope Street
Mohammad Abdullah c/o JEC Properties Inc.
The purpose of this application is to create a new lot for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Regional staff has no objections to the proposed application subject to the
following condition:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
Document Number: 2557950
B 2017-033
393-411 Queen Street S., 168, 170-172, 176 and 180 Benton Street
Polocorp Inc.
The purpose of this application is to sever a parcel of land from 399 Queen Street South
and 168 Benton Street and convey it as a lot addition to the lands addressed as 170-
172, 176 and 180 Benton Street.
Corridor Planning
Noise
A noise study, dated January 17, 2017, prepared by IBI Group was submitted for the
associated Site Plan application SP17/015/Q/GS. Clarifications on details of the study
were requested by Corridor Planning staff on March 13, 2017. Clarification has not yet
been received.
Prior to final approval, the applicant is required to satisfy outstanding matters pertaining
to the noise study, and, if required, enter into a registered development agreement with
the Region of Waterloo to implement the findings of the study.
Regional staff has no objections to the proposed application, subject to the
following condition:
1. That, prior to final approval, the applicant provides clarification to Region staff to
satisfy the noise study requirements, and, if necessary, enter into a Registered
Development Agreement with the Region of Waterloo to implement the findings
of the study.
B2017-034 — B2017-037
Courtland Avenue East and Blockline Road
Viridis Development Group Inc.
The purpose of these applications is to sever three lots for residential/commercial
development and retain one lot, and create easements for servicing.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00 per each new lot created, for a total fee of $1,050.00.
Source Water Protection
Document Number: 2557950
The applicant is advised that they will be required to submit a Salt Management Plan for
the severed and retained lots, prior to Site Plan approval.
Corridor Planning
Regional Road Dedication
While no additional lands are required to satisfy the Regional Official Plan, additional
lands are required to accommodate the implementation of a 2.1 metre sidewalk along
the entire Courtland Avenue frontage. The applicant must engage an Ontario Land
Surveyor (OLS) to prepare a draft reference plan which illustrates the required road
allowance widening and/or easement where required. Prior to registering the reference
plan, the OLS should submit a draft copy of the plan to the Transportation Planner for
review. An electronic copy of the registered plan is to be emailed to the Transportation
Planner. Further instructions will come from the Region's Legal Assistant with regard to
document preparation and registration. Final registration of the reference plan can be
deferred to the Site Plan Application.
Traffic Site Circulation & Access
Regional staff are working with the applicant to secure a full movement access from
Courtland Avenue directly opposite Hillmount Street. Final design and costing will all be
deferred to the Site Plan Application.
The applicant will be required, prior to final approval of the consent application, to enter
into an agreement with the Region of Waterloo to provide reciprocal access easements
between the proposed retained lands and the severances to accommodate vehicular,
bus and construction traffic.
A Regional Road Access Permit will be required for the proposed access to Courtland
Avenue. The Access Permit can be deferred to the Site Plan Application.
Stormwater Management
A lot grading plan and stormwater management report will be required at the Site Plan
Application stage.
Transit Planning
Grand River Transit has been involved in the development of these lands and transit
comments will be provided at the Site Plan Application stage.
Land Use Compatibility
Document Number: 2557950
The applicant is required to address land use compatibility through the associated
Official Plan Amendment and Zone Change Applications. Land use compatibility studies
include, but are not limited to, road, rail and stationary noise, and vibration studies.
Road, stationary, and railway noise and vibration studies have been submitted in
support of the aforementioned Official Plan Amendment and Zone Change Applications
for these lands. These studies are currently under review by both the Region and rail
line authorities (CNR and CPR).
Additional study requirements and/or recommendations for mitigation stemming from
these studies must be secured through a Registered Development Agreement with the
City of Kitchener and/or the Region of Waterloo, or the rail line authorities, as
necessary, prior to final approval of these consent applications.
Regional staff has no objections to the proposed applications subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00 for each new lot created, for a total
fee of $1,050.00.
2. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the Region of Waterloo to provide for reciprocal access
easements between the proposed retained lands and the severances to
accommodate vehicular, bus and construction traffic.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the City of Kitchener and/or the Region of Waterloo, or rail
authorities, as necessary, to implement the findings of the following studies, and
any addendums, or emerging reports:
a. "Virerra Village, Kitchener Ontario, Acoustical Report" (IBI Group, March
31,2017);
b. "Courtland and Blockline Development,
Kitchener, Ontario" (Aercoustics, April 7
B2017-038 and B2017-039
125 Margaret Avenue
2361693 Ontario Inc.
Rail Vibration Impact Study,
, 2015).
The purpose of these applications is to create a new lot for residential development
(132017-038) and to grant easements on the severed and retained lands for driveway
access (132017-039).
Community Planning
Document Number: 2557950
Fees
Staff acknowledge receipt of the consent application fee of $350.00.
Corridor Planning
Noise
The severed and retained lands will have impacts from increasing road noise on
Margaret Avenue and Wellington Street North. The lands are also in close proximity to a
railway mainline.
Prior to final approval, the applicant is required to enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
B2017-040
100-110 Fergus Avenue
Document Number: 2557950
Emmanuel Bible College
The purpose of this application is to sever a parcel of land for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Regional Road Dedication
A dedicated road widening is required. An Ontario Land Surveyor must determine the
exact amount of the road widening along Weber Street East. Additionally, a daylight
triangle of 7.62 metres along the new property lines along Weber Street East and
Fergus Avenue will be required at owner's cost. A plan showing the required dedicated
widening is attached.
A draft reference plan for the road widening prepared by an Ontario Land Surveyor
must be provided for review by Regional staff, prior to depositing the Reference plan to
Land Registry office.
The owner must provide a copy of registered Reference plan and owner's legal
representative's contact information who would be required to work with Region's Legal
division to complete the required documentation for the dedicated road widening.
The dedication is required prior to final approval of the consent application.
Noise
The severed and retained lands will have impacts from increasing road noise on Weber
Street, Highway 8 and Fergus Avenue. Prior to final approval of the consent
application, the applicant is required to enter into a Registered Development Agreement
with the Region of Waterloo to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant is required to convey the road widening
(equal to 26.213 meters) and the 7.62 daylight triangle to the Region.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
B2017-041 and B2017-042
27 Bismark Avenue
2536306 Ontario Inc.
The purpose of these applications is to create a new lot for residential development
(B2017-041) and to grant easements on the severed and retained lands for mutual
driveway access (B2017-042).
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Noise
The subject lands are located within 75 metres vibration influence zone of a main
railway line. Prior to final approval, the applicant is required to enter into a Registered
Development Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
Document Number: 2557950
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
Document Number: 2557950
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
B2017-043 — B2017-047
Plan of Subdivision 58M-569 of Part of Lot 13, Biehn's Tract (Rockcliffe Drive)
Community Planning
The Region's concerns regarding the subject lands have previously been addressed
through the subdivision application 30T-98201 Stage 5a, registered as 58M-569
December 12, 2013.
Staff notes the intent of the above applications is to create 6 lots from previous 5 lots
and adjust the lot lines accordingly. For clarification it must be noted that that new
Municipal Nos. 11, 7, 5 would be subject to conditions as previously applicable to Lots 3
& 4 in the original subdivision agreement; and new Municipal No. 3 (corner lot) would be
subject conditions as previously applicable to Lot 5 in the original subdivision agreement
with the City (WR791465 November 26, 2013). It is anticipated that based on the final
lots configuration the Municipal No. 11 being partially on lands of the original lot 3 in the
approved subdivision; for purpose of the noise study, a revision to the original
subdivision agreement may not be required.
Due to minor adjustments of the lot lines as shown on the Figure 6 -Ultimate Lotting, an
update / addendum to the final noise study dated revised February 2014 as accepted
by the Region's letter dated April 08, 2014 will not be required for the above
applications.
Document Number: 2557950
Regional staff has no objections to the proposed application.
CC 2017-001
369 and 375 Frederick Street
Brent Gingerich, People Care Inc.
The purpose of this application is to seek permission to change the conditions of
Provisional Consent application B2017-019 to include an additional condition granting a
servicing easement.
Corridor Planning
Noise
Corridor Planning staff recently received a Noise Impact Feasibility Study, prepared by
Pinchin Ltd., dated March 29, 2017, in support of the original consent application.
Staff are currently reviewing the study and any recommendations from the study must
be secured through a Registered Development Agreement with the Region of Waterloo
prior to final approval of the consent.
Regional staff has no objections to the proposed application, subject to the
following condition:
1) That, prior to final approval, the applicant, if necessary, based on the review of
the submitted noise study, enter into a Registered Development Agreement with
the Region of Waterloo to implement the findings of the study.
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 14-046 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,
G�
Carolyn Crozier M.Sc.PI, MCIP, RPP
Principal Planner
Document Number: 2557950
cc. Juliane vonWesterholt, City of Kitchener (via email)
Brian Bateman, City of Kitchener (via email)
Document Number: 2557950
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1 R 5W6
Resource Management Division Phone: (519) 621-2763 ext.2307
Beth Brown, Supervisor of Resource Planning Fax: (519) 621-4945
E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Garrett Stevenson
DATE: November 16, 2017 YOUR FILE: B 2017-033 — 393-411 Queen St. S, 168,
170-172, 176 and 180 Benton Street
GRCA FILE: B2017-033 — 379-389 Queen St S-393-411 Queen St S and 168 Benton St
RE: Application for Consent B2017-033
379-389 Queen Street South, 393-411 Queen Street South and 168 Benton
Street, Kitchener
Polocorp Inc.
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted consent
application.
BACKGROUND:
1. Resource Issues:
Information currently available at our office indicates that a portion of 393-411 Queen
Street South is regulated due to the flood fringe of Schneider Creek, and the associated
allowance to this feature. Consequently, a portion of the subject lands is regulated by the
GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation.
2. Legislative/Policy Requirements and Implications
It is our understanding that 379-389 Queen Street South has merged on title with 393-
411 Queen Street South and 168 Benton Street. The applicant is proposing to sever
393-411 Queen Street South and 168 Benton Street from 389-389 Queen Street South
to put the properties under different ownership. We have no objection to this proposed
severance.
We also understand that the applicant proposes to sever a below grade portion of 379-
389 Queen Street South to accommodate a proposed below -ground parking structure.
We have no objection to this proposed severance, as this portion of the underground
parking is outside of the floodplain and we will ensure the entrance to the parking garage
located in the flood fringe on 393-411 Queen Street South meets policy requirements
through the site plan and GRCA permitting process.
3. Plan Review Fees
The GRCA applies Plan Review Fees for Planning Act applications located within GRCA
areas of interest. This application -is considered a "minor" consent application; however,
File: \\grfs\files\Resource Management Division\Resource Planning\ROW\KITCHENER\2017\Severance\B2017-033 - 378- Page 1 of 2
411 Queen St S and 168 Benton St\B2017-033 - 379-389 Queen St S-393411 Queen St S and 168 Benton St.docx
we are reviewing the development through site plan application SP17/015/Q/SG and will
not charge an additional plan review fee for the severance application.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact Trisha Hughes at 519-621-2763 ext.2319 or
thughes(a)-grand river: ca.
Yours truly,
VIVE — -
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
C. C. Polocorp Inc. c/o Amanda Stellings, 379 Queen Street South, Kitchener, ON N2G 1W6
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority.
File: \\grfs\files\Resource Management Division\Resource Planning\ROW\KITCHENER\2017\Severance\B2017-033 - 378- Page 2 of 2
411 Queen St S and 168 Benton St\B2017-033 - 379-389 Queen St S-393-411 Queen St S and 168 Benton St.docx
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Staff Report
Community Services Department wm kitchenerca
REPORT TO:
Committee of Adjustment
DATE OF MEETING: November 21, 2017
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Garett Stevenson, Planner — 519-741-2200 ext. 7070
APPLICATION #:
B2017-034, B2017-035, B2017-036 & B2017-037
ADDRESS:
Block Line & Courtland
PROPERTY OWNER:
2289238 Ontario Inc. (Viridis Development Group Inc.)
SUMMARIZED
RECOMMENDATION:
Approve with conditions
DATE OF REPORT: November 10, 2017
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Subject Property: Block Line Road & Courtland Avenue East
Report:
The severance applications are proposing to sever the large property into four separate lots for
future development. The purpose of the severances is to divide the large property into four
separate lots to allow for construction phasing and financing. To permit the future
comprehensive redevelopment, easements for sanitary and storm water services are also
requested as part of these applications. Blanket easements for parking, vehicle access, and
public access will be required.
, Staff Report
I R Community Services Department wm kitcheneua
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Site Photos of Existing Condition
Planning Comments:
The property is currently subject to Official Plan Amendment Application OP17/001/C/GS and
Zone Change Application ZC17/005/C/GS to permit a large mixed use development that could
include up to 20,000 square metres (215,000 sq. feet) of mixed commercial space (office and
retail) as well as four residential towers that could be up to 38 storeys in height with a total of up
to 1300 dwelling units, along with 1500 parking spaces within a parking deck. No
, Staff Report
I Tc� ►� .R Community Services Department wm kitcheneua
recommendations or decisions have been made on these applications, and Planning staff are
consulting with the public on the proposal.
The property is currently designated as General Industrial Employment and is currently vacant.
The existing Official Plan policies for this property permit a broad range of industrial and
employment uses. The property is within the Built Up Area of the City and identified as part of a
Major Transit Station Area and on the future Light Rail Transit Corridor. The property is
adjacent to the Block Line ION LRT station stop, which is currently under construction.
The property is currently zoned as General Industrial Zone (M-2). Permitted uses include light -
to -medium industrial and employment uses.
Specifically, these applications request the following:
Consent Application B2017-034 — To sever a lot with a frontage of 88.60 metres, depth of
66.86 metres, and an area of 5750 mz; and to create a "L" shaped storm water easement with a
width of 9.0 metres and a length of 88.60 metres in favour of the retained lands and proposed
lots 2 and 3.
Consent Application B2017-035 — To sever a lot with a frontage of 90.60 metres, depth of
66.70 metres, and an area of 6151 mz; and to create a storm water easement with an irregular
width of at least 3.0 metres and a length of 90.60 metres in favour of the retained lands and
proposed lots 1 and 3; and to create a sanitary sewer easement with a width of 3.0 metres and
a length of 90.60 metres in favour of the retained lands and proposed lots 1 and 3.
Consent Application B2017-036 — To sever a lot with a frontage of 73.15 metres, depth of
71.05 metres, and an area of 5397m2; and to create a storm water easement with an irregular
width of no more than 13.30 metres and a length of 73.15 metres in favour of the retained lands
and proposed lots 1 and 2; and to create a sanitary sewer easement with a width of 3.0 metres
and a length of 73.15 metres in favour of the retained lands and proposed lots 1 and 2.
Consent Application B2017-037 — To create a storm water easement with a width of 8.0
metres and a length of no more than 94.46 metres in favour of proposed lots 1, 2 and 3.
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 three severed lots are
desirable and appropriate. The three severed lots and one retained lot are in conformity with
the City's Official Plan and Zoning By-law. While the future permitted land uses may or may not
change with the ongoing Official Plan Amendment and Zone Change applications, it is
appropriate to divide the large parcel at this time. The proposed severances do not interfere
with the ability for the lands to be developed under the current Official Plan land use designation
policies and permitted uses in the Zoning By-law. Due to the location of the parcel, situated
between a heavy rail yard and the ION LRT right-of-way, it is appropriate to provide access and
servicing through easements to facilitate a future consolidated ION crossing for vehicles access
and servicing. The size, dimensions and shapes of the proposed lots is suitable for the use of
the lands. Planning staff is of the opinion that the proposal is consistent with the Provincial
Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe.
, Staff Report
I Tc� ►� .R Community Services Department wm kitcheneua
Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Comments:
Transportation Services has no concerns with the proposed application. Mutual access
agreements must be established for vehicular movements across the site.
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. The owner is
required to make satisfactory financial arrangements with the Engineering Division for the
installation of new ones that may be required to service this property, all prior to severance
approval. Our records indicate sanitary, storm and water municipal services are currently
available to service this property. Any further enquiries in this regard should be directed to Niall
Melanson (519-741-2200 ext. 7133).
Any new driveways are to be built to City of Kitchener standards at grade with the existing
sidewalk. All works is at the owner's expense and all work needs to be completed prior to
occupancy of the building.
A servicing plan showing outlets to the municipal servicing system and proposed easements will
be required to the satisfaction of the Engineering Division prior to severance approval.
As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along 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
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.
Servicing and related Engineering comments will be reviewed and addressed as part of the
future site planning processes.
Operations Comments:
All park land dedication requirements will be deferred to the site plan application process.
Heritage Comments:
No heritage planning concerns
�, Staff Report
ITc� ►�.R Community Services Department wm kitchenerca
Environmental Planning Comments:
There are no issues or concerns.
RECOMMENDATION:
That Consent Application B2017-034 proposing to sever a lot with a frontage of 88.60
metres, depth of 66.86 metres, and an area of 5750 m2; and to create a "L" shaped storm
water easement with a width of 9.0 metres and a length of 88.60 metres in favour of the
retained lands and proposed lots 2 and 3, and,
That Consent Application B2017-035 proposing to sever a lot with a frontage of 90.60
metres, depth of 66.70 metres, and an area of 6151 m2; and to create a storm water
easement with an irregular width of at least 3.0 metres and a length of 90.60 metres in
favour of the retained lands and proposed lots 1 and 3; and to create a sanitary sewer
easement with a width of 3.0 metres and a length of 90.60 metres in favour of the retained
lands and proposed lots 1 and 3, and
That Consent Application B2017-036 proposing to sever a lot with a frontage of 73.15
metres, depth of 71.05 metres, and an area of 5397m2; and to create a storm water
easement with an irregular width of no more than 13.30 metres and a length of 73.15
metres in favour of the retained lands and proposed lots 1 and 2; and to create a sanitary
sewer easement with a width of 3.0 metres and a length of 73.15 metres in favour of the
retained lands and proposed lots 1 and 2, and
That Consent Application B2017-037 proposing to create a storm water easement with a
width of 8.0 metres and a length of no more than 94.46 metres in favour of proposed lots
1, 2 and 3, all be approved, subject to the following conditions;
1. That the Transfer Easement document(s) required to create the Easement(s) 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(s) 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(s) being granted
shall be maintained and registered on title in perpetuity.
Required easements include the following;
L A storm water easement over a portion of proposed lot 1 in favour of the
retained lands and proposed lots 2 and 3,
ii. A storm water easement over a portion of proposed lot 2 in favour of the
retained lands and proposed lots 1 and 3,
, Staff Report
I R Community Services Department wm kitcheneua
iii. A sanitary sewer easement over a portion of proposed lot 2 in favour of the
retained lands and proposed lots 1 and 3,
iv. A storm water easement over a portion of lot 3 in in favour of the retained
lands and proposed lots 1 and 2,
V. A sanitary sewer easement over a portion of lot 3 in in favour of the
retained lands and proposed lots 1 and 2, and
vi. A storm water easement over a portion of the retained lands in favour of
proposed lots 1, 2 and 3.
2. 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.
3. That the Owner provide a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as
well as one full size paper copy 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 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.
5. That satisfactory arrangements are made with the City's Director of Planning to
provide future blanket easements across the retained lands and proposed lots 1,
2, and 3, for the following;
a. Shared storage of any storm or grey water,
b. All utility servicing, including natural gas and hydro,
C. Telecommunications servicing,
d. All shared energy production or distribution system(s),
e. Any shared building systems (if known), including fire detection and/or
suppression systems,
f. Private vehicle owner, tenant, visitor, and commercial parking and access,
pedestrian access, cyclist access and shared bicycle parking, public
transportation access, truck, commercial, and service vehicle access and
loading, and construction access.
Garett Stevenson, BES, MCIP, RPP Juliane von Westerholt, MCIP, RPP
Planner Senior Planner
N*
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rl oo.ca
Carolyn Crozier 575-4757 ext. 3657
File No. D20-20/17 KIT
November 15, 2017
Re: Comments for Consent Applications
B2017-032 to B2017-047 and
CC 2017-001
Committee of Adjustment Hearing November 21, 2017
CITY OF KITCHENER
B 2017-032
101 & 105 Mount Hope Street
Mohammad Abdullah c/o JEC Properties Inc.
The purpose of this application is to create a new lot for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Regional staff has no objections to the proposed application subject to the
following condition:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
Document Number: 2557950
B 2017-033
393-411 Queen Street S., 168, 170-172, 176 and 180 Benton Street
Polocorp Inc.
The purpose of this application is to sever a parcel of land from 399 Queen Street South
and 168 Benton Street and convey it as a lot addition to the lands addressed as 170-
172, 176 and 180 Benton Street.
Corridor Planning
Noise
A noise study, dated January 17, 2017, prepared by IBI Group was submitted for the
associated Site Plan application SP17/015/Q/GS. Clarifications on details of the study
were requested by Corridor Planning staff on March 13, 2017. Clarification has not yet
been received.
Prior to final approval, the applicant is required to satisfy outstanding matters pertaining
to the noise study, and, if required, enter into a registered development agreement with
the Region of Waterloo to implement the findings of the study.
Regional staff has no objections to the proposed application, subject to the
following condition:
1. That, prior to final approval, the applicant provides clarification to Region staff to
satisfy the noise study requirements, and, if necessary, enter into a Registered
Development Agreement with the Region of Waterloo to implement the findings
of the study.
B2017-034 — B2017-037
Courtland Avenue East and Blockline Road
Viridis Development Group Inc.
The purpose of these applications is to sever three lots for residential/commercial
development and retain one lot, and create easements for servicing.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00 per each new lot created, for a total fee of $1,050.00.
Source Water Protection
Document Number: 2557950
The applicant is advised that they will be required to submit a Salt Management Plan for
the severed and retained lots, prior to Site Plan approval.
Corridor Planning
Regional Road Dedication
While no additional lands are required to satisfy the Regional Official Plan, additional
lands are required to accommodate the implementation of a 2.1 metre sidewalk along
the entire Courtland Avenue frontage. The applicant must engage an Ontario Land
Surveyor (OLS) to prepare a draft reference plan which illustrates the required road
allowance widening and/or easement where required. Prior to registering the reference
plan, the OLS should submit a draft copy of the plan to the Transportation Planner for
review. An electronic copy of the registered plan is to be emailed to the Transportation
Planner. Further instructions will come from the Region's Legal Assistant with regard to
document preparation and registration. Final registration of the reference plan can be
deferred to the Site Plan Application.
Traffic Site Circulation & Access
Regional staff are working with the applicant to secure a full movement access from
Courtland Avenue directly opposite Hillmount Street. Final design and costing will all be
deferred to the Site Plan Application.
The applicant will be required, prior to final approval of the consent application, to enter
into an agreement with the Region of Waterloo to provide reciprocal access easements
between the proposed retained lands and the severances to accommodate vehicular,
bus and construction traffic.
A Regional Road Access Permit will be required for the proposed access to Courtland
Avenue. The Access Permit can be deferred to the Site Plan Application.
Stormwater Management
A lot grading plan and stormwater management report will be required at the Site Plan
Application stage.
Transit Planning
Grand River Transit has been involved in the development of these lands and transit
comments will be provided at the Site Plan Application stage.
Land Use Compatibility
Document Number: 2557950
The applicant is required to address land use compatibility through the associated
Official Plan Amendment and Zone Change Applications. Land use compatibility studies
include, but are not limited to, road, rail and stationary noise, and vibration studies.
Road, stationary, and railway noise and vibration studies have been submitted in
support of the aforementioned Official Plan Amendment and Zone Change Applications
for these lands. These studies are currently under review by both the Region and rail
line authorities (CNR and CPR).
Additional study requirements and/or recommendations for mitigation stemming from
these studies must be secured through a Registered Development Agreement with the
City of Kitchener and/or the Region of Waterloo, or the rail line authorities, as
necessary, prior to final approval of these consent applications.
Regional staff has no objections to the proposed applications subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00 for each new lot created, for a total
fee of $1,050.00.
2. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the Region of Waterloo to provide for reciprocal access
easements between the proposed retained lands and the severances to
accommodate vehicular, bus and construction traffic.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the City of Kitchener and/or the Region of Waterloo, or rail
authorities, as necessary, to implement the findings of the following studies, and
any addendums, or emerging reports:
a. "Virerra Village, Kitchener Ontario, Acoustical Report" (IBI Group, March
31,2017);
b. "Courtland and Blockline Development,
Kitchener, Ontario" (Aercoustics, April 7
B2017-038 and B2017-039
125 Margaret Avenue
2361693 Ontario Inc.
Rail Vibration Impact Study,
, 2015).
The purpose of these applications is to create a new lot for residential development
(132017-038) and to grant easements on the severed and retained lands for driveway
access (132017-039).
Community Planning
Document Number: 2557950
Fees
Staff acknowledge receipt of the consent application fee of $350.00.
Corridor Planning
Noise
The severed and retained lands will have impacts from increasing road noise on
Margaret Avenue and Wellington Street North. The lands are also in close proximity to a
railway mainline.
Prior to final approval, the applicant is required to enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
B2017-040
100-110 Fergus Avenue
Document Number: 2557950
Emmanuel Bible College
The purpose of this application is to sever a parcel of land for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Regional Road Dedication
A dedicated road widening is required. An Ontario Land Surveyor must determine the
exact amount of the road widening along Weber Street East. Additionally, a daylight
triangle of 7.62 metres along the new property lines along Weber Street East and
Fergus Avenue will be required at owner's cost. A plan showing the required dedicated
widening is attached.
A draft reference plan for the road widening prepared by an Ontario Land Surveyor
must be provided for review by Regional staff, prior to depositing the Reference plan to
Land Registry office.
The owner must provide a copy of registered Reference plan and owner's legal
representative's contact information who would be required to work with Region's Legal
division to complete the required documentation for the dedicated road widening.
The dedication is required prior to final approval of the consent application.
Noise
The severed and retained lands will have impacts from increasing road noise on Weber
Street, Highway 8 and Fergus Avenue. Prior to final approval of the consent
application, the applicant is required to enter into a Registered Development Agreement
with the Region of Waterloo to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant is required to convey the road widening
(equal to 26.213 meters) and the 7.62 daylight triangle to the Region.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
B2017-041 and B2017-042
27 Bismark Avenue
2536306 Ontario Inc.
The purpose of these applications is to create a new lot for residential development
(B2017-041) and to grant easements on the severed and retained lands for mutual
driveway access (B2017-042).
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Noise
The subject lands are located within 75 metres vibration influence zone of a main
railway line. Prior to final approval, the applicant is required to enter into a Registered
Development Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
Document Number: 2557950
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
Document Number: 2557950
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
B2017-043 — B2017-047
Plan of Subdivision 58M-569 of Part of Lot 13, Biehn's Tract (Rockcliffe Drive)
Community Planning
The Region's concerns regarding the subject lands have previously been addressed
through the subdivision application 30T-98201 Stage 5a, registered as 58M-569
December 12, 2013.
Staff notes the intent of the above applications is to create 6 lots from previous 5 lots
and adjust the lot lines accordingly. For clarification it must be noted that that new
Municipal Nos. 11, 7, 5 would be subject to conditions as previously applicable to Lots 3
& 4 in the original subdivision agreement; and new Municipal No. 3 (corner lot) would be
subject conditions as previously applicable to Lot 5 in the original subdivision agreement
with the City (WR791465 November 26, 2013). It is anticipated that based on the final
lots configuration the Municipal No. 11 being partially on lands of the original lot 3 in the
approved subdivision; for purpose of the noise study, a revision to the original
subdivision agreement may not be required.
Due to minor adjustments of the lot lines as shown on the Figure 6 -Ultimate Lotting, an
update / addendum to the final noise study dated revised February 2014 as accepted
by the Region's letter dated April 08, 2014 will not be required for the above
applications.
Document Number: 2557950
Regional staff has no objections to the proposed application.
CC 2017-001
369 and 375 Frederick Street
Brent Gingerich, People Care Inc.
The purpose of this application is to seek permission to change the conditions of
Provisional Consent application B2017-019 to include an additional condition granting a
servicing easement.
Corridor Planning
Noise
Corridor Planning staff recently received a Noise Impact Feasibility Study, prepared by
Pinchin Ltd., dated March 29, 2017, in support of the original consent application.
Staff are currently reviewing the study and any recommendations from the study must
be secured through a Registered Development Agreement with the Region of Waterloo
prior to final approval of the consent.
Regional staff has no objections to the proposed application, subject to the
following condition:
1) That, prior to final approval, the applicant, if necessary, based on the review of
the submitted noise study, enter into a Registered Development Agreement with
the Region of Waterloo to implement the findings of the study.
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 14-046 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,
G�
Carolyn Crozier M.Sc.PI, MCIP, RPP
Principal Planner
Document Number: 2557950
cc. Juliane vonWesterholt, City of Kitchener (via email)
Brian Bateman, City of Kitchener (via email)
Document Number: 2557950
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1 R 5W6
Resource Management Division Phone: (519) 621-2763 ext.2307
Beth Brown, Supervisor of Resource Planning Fax: (519) 621-4945
E-mail: bbrown @grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Garett Stevenson
DATE: November 16, 2017
YOUR FILE: 82017-034 to 82017-037 Courtland at
Blockline, Kitchener
GRCA FILE: B2017-034 to 037 Courtland Ave E and Blockline Rd
RE: Applications for Consent B2017-034, B2017-036, B2017-036 and B2017-037
Blockline Road and Courtland Avenue East, City of Kitchener
Viridis Development Group Inc.
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted consent
applications. Please see below for our detailed comments in this regard.
BACKGROUND:
1. Nature of the Application:
Based on our review of the Overall Proposed Severance Plan, prepared by IBI Group (dated
October 12, 2017), we understand that the applicant has proposed to sever the property into
four individual lots for mixed use development.
2. Resource Issues:
Portions of the subject lands are identified as being regulated by the GRCA under Ontario
Regulation 150/06. The area identified as regulated on the mapping is the result of two features,
a steep slope and floodplain, as well as the associated allowances to these features. However,
as noted in our June 20, 2017 comments on OP17/001/C/GS and ZC17/005/C/GS, we had
previously issued a permit (#361/08) for grading of the property. As a result of that grading
work, we no longer have slope concerns.
With respect to the floodplain, GRCA has had the opportunity to review the Topographic Survey
prepared by Van Harten Surveying Inc. (dated July 14, 2017), showing the existing grades of the
property. The survey shows that the majority of the existing grades are at or above the
regulatory flood elevation (RFE) of 314.0 metres, with the exception of a small area at the
southeast corner (313.96 metres) which remains floodplain. Please also note that there is a 5
metre allowance from the floodplain that is also regulated by the GRCA.
3. Legislative/Policy Requirements and Implications:
Based on the Overall Proposed Severance Plan (IBI Group, October 12, 2017) and the
Topographic Survey (Van Harten Surveying Inc., July 14, 2017); there is sufficient area on both
the retained and severed lots for future development outside the floodplain. Therefore, we have
no objection to the proposed severances.
New development should be directed outside the floodplain. Please note that any future
development within the regulated area (if applicable) would require the prior issuance of a permit
from the GRCA pursuant to Ontario Regulation 150/06. The regulation limit, based on the
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Courtland Ave E and Block Line Rd\B2017-034 to 037 Courtland Ave E and Blockline Rd GRCA comments.docx
floodline elevation of 314.0 metres and a 5 metre allowance from the floodplain, should be
reflected on future plans and applications submitted for GRCA review.
4. Plan Review Fees:
The GRCA applies Plan Review Fees for Planning Act applications located within GRCA areas
of interest. In this case, we will charge one review for the multiple applications. The applicable
review fee is therefore $390. With a copy of this correspondence, the applicant will be invoiced
in the amount of $390.
A separate fee is applied for a GRCA permit if required.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact Trisha Hughes at 519-621-2763 ext. 2319 or thughes _q rand river. ca.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
C.C. Viridis Development Group Inc. c/o Kevin Greene, 330-E Trillium Drive, Kitchener, ON N21- 3V3
IBI Group c/o Odete Gomes, 410 Albert Street, Suite 101, Waterloo, ON N31- 3V3
* These comments are respectfully submitted as advice and reflect resource concerns within
the scope and mandate of the Grand River Conservation Authority.
\\grfs\files\Resource Management Division\Resource Planning\ROW\KITCHENER\2017\Severance\B2017-034 to 037
Courtland Ave E and Block Line Rd\B2017-034 to 037 Courtland Ave E and Blockline Rd GRCA comments.docx
Page 2 of 2
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REPORT TO: Committee of Adjustment
DATE OF MEETING: November 21, 2017
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070
APPLICATION #: B2017-038, B2017-039, & A2017-109
ADDRESS: 125 Margaret Avenue
PROPERTY OWNER: 2361693 Ontario Inc.
SUMMARIZED
RECOMMENDATION: Approve with conditions
DATE OF REPORT: November 10, 2017
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Subject Property: 125 Margaret Avenue
Report:
The application is proposing to sever the existing property into two separate lots. The retained
lands will contain the existing multiple dwelling (triplex) and the severed will contain a new
duplex dwelling. The existing detached garage is proposed to be demolished.
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Existing Dwelling at 125 Margaret Avenue
A site visit was undertaken on October 31, 2017
Planning Comments:
The property is designated as Low Rise Residential in the City of Kitchener Official Plan.
Permitted low density residential uses include single detached, semi-detached, duplex, and
multiple dwellings. The property is currently zoned as Residential Five (R-5) which permits
single detached, semi-detached, duplex, and multiple dwellings (maximum 3 unit multiple
dwellings). The property is also within the Residential Intensification in Established
Neighbourhoods Study (RIENS) Area.
The owner is proposing to sever the lands into two lots. The retained lands are proposed to
accommodate the existing multiple dwelling (triplex) and the served lands are proposed to be
redeveloped with a new duplex dwelling. The existing detached garage is proposed to be
demolished. A shared mutual access easement is proposed over the severed and retained
lands for a shared driveway. A minor variance is requested to reduce the lot width for the
retained lands.
Specifically, these applications request the following:
Consent Application B2017-038 — To sever a lot with a frontage of 12.04m, depth of 26.51m,
and an area of 319m2, as well as to create an easement with a width of 3.0m, a length of
26.51 m, and an area of 79.55m2, for a mutual access in favour of the retained lands.
Consent Application B2017-039 — To create an easement with a width of 3.0m, a length of
26.51 m, and an area of 79.55M2, for a mutual access in favour of the severed lands.
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Minor Variance Application A2017-109 — To request a lot width of 13.42m whereas 15.Om is
required for a multiple dwelling, for the retained lands.
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. While the retained lands require a minor variance for a
reduced lot width, Planning staff is of the opinion that the size, dimensions and shapes of the
proposed lots is suitable for the use of the lands and compatible with the surrounding
community. The lands front onto an established public street, and can be independently and
adequately serviced with connections to municipal services. Planning staff is of the opinion that
the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan
for the Greater Golden Horseshoe.
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:
The requested variances meet the general intent of the Official Plan. The Official Plan provides
specific policy direction for infill residential development in established neighbourhoods. In the
City's Central Neighbourhoods, the primary focus is to ensure that new infill development is
compatible with the existing neighbourhood. Policy 4.C.1.8.e requires that where a minor
variance is requested to facilitate residential intensification the impact of the variance must be
reviewed to ensure that 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. The requested lot width
variance does not impact the possibility of providing rear yard parking as a shared mutual
driveway is proposed and will be implemented through conditions of approval of the severance
application. Adequate landscaping and amenity area can be provided on site and the overall lot
area exceeds the zoning requirement.
The requested variances meet the general intent of the Zoning By-law. The intent of the
increase lot width for multiple dwelling is to ensure that parking and amenity space can be
provided. Three parking spaces will be provided in a new parking area at the rear of the
property. The proposed new parking area only occupies a portion of the rear yard, leaving
ample space for private amenity and landscaping. Planning staff will require, as a condition of
this approval, as per Policy 4.C.1.7 of the Official Plan, the Owner submit to the Director of
Planning, Building Elevation drawings, a Tree Management Plan, and a building Site drawing
showing the design and location of the proposed new building. Planning staff will review these
plans to ensure that the proposed new dwellings are compatible in terms of siting, massing, and
architectural style.
The requested variances are minor. Kitchener City Council recently approved the Residential
Intensification in Established Neighbourhoods (RIENS) Study. That study identified that
character and compatibility are important when considering any new development. Some of the
recommendations from the study are currently at various stages of the implementation process.
Planning Staff note that the development concept implements may of the preliminary RIENS
recommendations, including a shared driveway and rear yard parking. The variances are
required because not all of the recommendations of the study have been fully implemented in
the Zoning By-law.
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The variances are appropriate for the development and use of the land. The proposed
development will be compatible with the built form, massing, and building siting found
throughout the neighbourhood. Further attention will be paid to the building height, roof line,
porch design, driveway width and location, style and materials, and landscaping, as part of the
approval of the Building Elevation and Site drawings. The development proposal
accommodates a slight increase in density in an established community in a compatible form
that provides increased housing options.
Building Comments:
The Building Division has no objections to the proposed applications provided:
A Qualified Designer, Architect or Engineer is retained to complete a building code
assessment as it relates to the new proposed property line and addresses such items as:
Spatial separation of existing buildings' wall face for each building, to the satisfaction of the
Chief Building Official. Upgrading of exterior walls and/or closing in of openings may be
required, pending spatial separation calculation results.
2. A building permit shall be obtained for any remedial work/ upgrades required by the building
code assessment.
Transportation 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 ones 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 (519-741-2200 ext. 7133). 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.
Any new driveways are to be built to City of Kitchener standards at grade with the existing
sidewalk. All works is at the owner's expense and all work needs to be completed prior to
occupancy of the building.
A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
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As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along 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
Engineering Division prior to severance approval.
Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as a new
development lot will be created. The cash -in -lieu dedication required is $5,541.62
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (12.047m) at a land value of $9,200 per frontage meter.
Heritage Comments:
Heritage Planning staff has no concerns with the applications. The Kitchener Cultural Heritage
Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative
Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS
was the first step of a phased cultural heritage landscape (CHL) conservation process. The
owner of the property municipally addressed as 125 Margaret Avenue is advised that the
property is located within the Mount 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. Please contact Michelle Drake, Senior Heritage & Policy Planner, for
more information.
Environmental Planning Comments:
A Tree Management /Enhancement Plan is required for the severed lands.
RECOMMENDATION:
That Application A2017-109 requesting a lot width of 13.427m whereas 15.Om is
required for a multiple dwelling, for the retained lands, be approved.
III. That application 132017-038, proposing to sever a lot with a frontage of 12.047m,
depth of 26.518m, and an area of 319m2, as well as to create an easement with a
width of 3.0m, a length of 26.518m, and an area of 79.55m2, for a mutual access in
favour of the retained lands, be approved subject to the following conditions;
1. That the Transfer Easement document(s) required to create the
Easement(s) 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(s)
and of the rights and privileges being granted therein (including
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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(s) being
granted shall be maintained and registered on title in perpetuity.
2. 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.
3. That the Owner provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn
(Microstation) format, as well as one full size paper copy 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 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.
5. That the Owner submit a site drawing and building elevation drawings for
both the severed and retained lots, to confirm the appropriateness of the
proposed development, to the satisfaction of the City's Director of
Planning.
6. That the owner shall enter into an agreement with the City of Kitchener to
be prepared by the City Solicitor and registered on title of the severed
lands which shall include the following:
a. That the owner shall prepare a Tree Preservation Plan for the
severed lands in accordance with the City's Tree Management
Policy, to be approved by the City's Director of Planning and where
necessary, implemented prior to any grading, tree removal or the
issuance of building permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work
zone, landscaped area and vegetation to be preserved.
b. The owner further agrees to implement the approved plan. No
changes to the said plan shall be granted except with the prior
approval of the City's Director of Planning.
7. That the owner make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to
the severed lands and/or retained lands.
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8. That the owner make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard
landscaping including street trees, and a paved shared driveway ramp.
9. That the owner make financial arrangements to the satisfaction of the City's
Engineering Services for the removal of any redundant service connections
to the (severed lands and/or retained) lands.
10. That as per the Public Sector Accounting Board (PSAB) S. 3150 the
Development and Reconstruction As -Recorded Tracking Form is required
to be filled out and submitted along 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 Engineering Division prior to severance approval.
11. That the owner pay to the City of Kitchener a cash -in -lieu contribution for
park dedication equal to 5% of the value of the lands to be severed.
12. That the owner provide a servicing plan and grading plan showing outlets
to the municipal servicing system to the satisfaction of the Director of
Engineering Services.
13. 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 to move
the sewage from the property line to the street.
14. That the Owner submit and receive approval of a building code assessment,
prepared by a Qualified Designer, Architect or Engineer, for the proposed
new property line, to the satisfaction of the City's Chief Building Official.
IV. That Application B2017-039 proposing an easement with a width of 3.0m, a length
of 26.518m, and an area of 79.55m2, for a mutual access in favour of the severed
lands, be approved subject to the following conditions;
1. That the Transfer Easement document(s) required to create the
Easement(s) 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(s)
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);
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b. a clause/statement/wording confirming that the Easement(s) being
granted shall be maintained and registered on title in perpetuity.
2. 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.
Garett Stevenson, BES, MCIP, RPP
Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
N*
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rl oo.ca
Carolyn Crozier 575-4757 ext. 3657
File No. D20-20/17 KIT
November 15, 2017
Re: Comments for Consent Applications
B2017-032 to B2017-047 and
CC 2017-001
Committee of Adjustment Hearing November 21, 2017
CITY OF KITCHENER
B 2017-032
101 & 105 Mount Hope Street
Mohammad Abdullah c/o JEC Properties Inc.
The purpose of this application is to create a new lot for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Regional staff has no objections to the proposed application subject to the
following condition:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
Document Number: 2557950
B 2017-033
393-411 Queen Street S., 168, 170-172, 176 and 180 Benton Street
Polocorp Inc.
The purpose of this application is to sever a parcel of land from 399 Queen Street South
and 168 Benton Street and convey it as a lot addition to the lands addressed as 170-
172, 176 and 180 Benton Street.
Corridor Planning
Noise
A noise study, dated January 17, 2017, prepared by IBI Group was submitted for the
associated Site Plan application SP17/015/Q/GS. Clarifications on details of the study
were requested by Corridor Planning staff on March 13, 2017. Clarification has not yet
been received.
Prior to final approval, the applicant is required to satisfy outstanding matters pertaining
to the noise study, and, if required, enter into a registered development agreement with
the Region of Waterloo to implement the findings of the study.
Regional staff has no objections to the proposed application, subject to the
following condition:
1. That, prior to final approval, the applicant provides clarification to Region staff to
satisfy the noise study requirements, and, if necessary, enter into a Registered
Development Agreement with the Region of Waterloo to implement the findings
of the study.
B2017-034 — B2017-037
Courtland Avenue East and Blockline Road
Viridis Development Group Inc.
The purpose of these applications is to sever three lots for residential/commercial
development and retain one lot, and create easements for servicing.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00 per each new lot created, for a total fee of $1,050.00.
Source Water Protection
Document Number: 2557950
The applicant is advised that they will be required to submit a Salt Management Plan for
the severed and retained lots, prior to Site Plan approval.
Corridor Planning
Regional Road Dedication
While no additional lands are required to satisfy the Regional Official Plan, additional
lands are required to accommodate the implementation of a 2.1 metre sidewalk along
the entire Courtland Avenue frontage. The applicant must engage an Ontario Land
Surveyor (OLS) to prepare a draft reference plan which illustrates the required road
allowance widening and/or easement where required. Prior to registering the reference
plan, the OLS should submit a draft copy of the plan to the Transportation Planner for
review. An electronic copy of the registered plan is to be emailed to the Transportation
Planner. Further instructions will come from the Region's Legal Assistant with regard to
document preparation and registration. Final registration of the reference plan can be
deferred to the Site Plan Application.
Traffic Site Circulation & Access
Regional staff are working with the applicant to secure a full movement access from
Courtland Avenue directly opposite Hillmount Street. Final design and costing will all be
deferred to the Site Plan Application.
The applicant will be required, prior to final approval of the consent application, to enter
into an agreement with the Region of Waterloo to provide reciprocal access easements
between the proposed retained lands and the severances to accommodate vehicular,
bus and construction traffic.
A Regional Road Access Permit will be required for the proposed access to Courtland
Avenue. The Access Permit can be deferred to the Site Plan Application.
Stormwater Management
A lot grading plan and stormwater management report will be required at the Site Plan
Application stage.
Transit Planning
Grand River Transit has been involved in the development of these lands and transit
comments will be provided at the Site Plan Application stage.
Land Use Compatibility
Document Number: 2557950
The applicant is required to address land use compatibility through the associated
Official Plan Amendment and Zone Change Applications. Land use compatibility studies
include, but are not limited to, road, rail and stationary noise, and vibration studies.
Road, stationary, and railway noise and vibration studies have been submitted in
support of the aforementioned Official Plan Amendment and Zone Change Applications
for these lands. These studies are currently under review by both the Region and rail
line authorities (CNR and CPR).
Additional study requirements and/or recommendations for mitigation stemming from
these studies must be secured through a Registered Development Agreement with the
City of Kitchener and/or the Region of Waterloo, or the rail line authorities, as
necessary, prior to final approval of these consent applications.
Regional staff has no objections to the proposed applications subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00 for each new lot created, for a total
fee of $1,050.00.
2. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the Region of Waterloo to provide for reciprocal access
easements between the proposed retained lands and the severances to
accommodate vehicular, bus and construction traffic.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the City of Kitchener and/or the Region of Waterloo, or rail
authorities, as necessary, to implement the findings of the following studies, and
any addendums, or emerging reports:
a. "Virerra Village, Kitchener Ontario, Acoustical Report" (IBI Group, March
31,2017);
b. "Courtland and Blockline Development,
Kitchener, Ontario" (Aercoustics, April 7
B2017-038 and B2017-039
125 Margaret Avenue
2361693 Ontario Inc.
Rail Vibration Impact Study,
, 2015).
The purpose of these applications is to create a new lot for residential development
(132017-038) and to grant easements on the severed and retained lands for driveway
access (132017-039).
Community Planning
Document Number: 2557950
Fees
Staff acknowledge receipt of the consent application fee of $350.00.
Corridor Planning
Noise
The severed and retained lands will have impacts from increasing road noise on
Margaret Avenue and Wellington Street North. The lands are also in close proximity to a
railway mainline.
Prior to final approval, the applicant is required to enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
B2017-040
100-110 Fergus Avenue
Document Number: 2557950
Emmanuel Bible College
The purpose of this application is to sever a parcel of land for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Regional Road Dedication
A dedicated road widening is required. An Ontario Land Surveyor must determine the
exact amount of the road widening along Weber Street East. Additionally, a daylight
triangle of 7.62 metres along the new property lines along Weber Street East and
Fergus Avenue will be required at owner's cost. A plan showing the required dedicated
widening is attached.
A draft reference plan for the road widening prepared by an Ontario Land Surveyor
must be provided for review by Regional staff, prior to depositing the Reference plan to
Land Registry office.
The owner must provide a copy of registered Reference plan and owner's legal
representative's contact information who would be required to work with Region's Legal
division to complete the required documentation for the dedicated road widening.
The dedication is required prior to final approval of the consent application.
Noise
The severed and retained lands will have impacts from increasing road noise on Weber
Street, Highway 8 and Fergus Avenue. Prior to final approval of the consent
application, the applicant is required to enter into a Registered Development Agreement
with the Region of Waterloo to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant is required to convey the road widening
(equal to 26.213 meters) and the 7.62 daylight triangle to the Region.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
B2017-041 and B2017-042
27 Bismark Avenue
2536306 Ontario Inc.
The purpose of these applications is to create a new lot for residential development
(B2017-041) and to grant easements on the severed and retained lands for mutual
driveway access (B2017-042).
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Noise
The subject lands are located within 75 metres vibration influence zone of a main
railway line. Prior to final approval, the applicant is required to enter into a Registered
Development Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
Document Number: 2557950
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
Document Number: 2557950
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
B2017-043 — B2017-047
Plan of Subdivision 58M-569 of Part of Lot 13, Biehn's Tract (Rockcliffe Drive)
Community Planning
The Region's concerns regarding the subject lands have previously been addressed
through the subdivision application 30T-98201 Stage 5a, registered as 58M-569
December 12, 2013.
Staff notes the intent of the above applications is to create 6 lots from previous 5 lots
and adjust the lot lines accordingly. For clarification it must be noted that that new
Municipal Nos. 11, 7, 5 would be subject to conditions as previously applicable to Lots 3
& 4 in the original subdivision agreement; and new Municipal No. 3 (corner lot) would be
subject conditions as previously applicable to Lot 5 in the original subdivision agreement
with the City (WR791465 November 26, 2013). It is anticipated that based on the final
lots configuration the Municipal No. 11 being partially on lands of the original lot 3 in the
approved subdivision; for purpose of the noise study, a revision to the original
subdivision agreement may not be required.
Due to minor adjustments of the lot lines as shown on the Figure 6 -Ultimate Lotting, an
update / addendum to the final noise study dated revised February 2014 as accepted
by the Region's letter dated April 08, 2014 will not be required for the above
applications.
Document Number: 2557950
Regional staff has no objections to the proposed application.
CC 2017-001
369 and 375 Frederick Street
Brent Gingerich, People Care Inc.
The purpose of this application is to seek permission to change the conditions of
Provisional Consent application B2017-019 to include an additional condition granting a
servicing easement.
Corridor Planning
Noise
Corridor Planning staff recently received a Noise Impact Feasibility Study, prepared by
Pinchin Ltd., dated March 29, 2017, in support of the original consent application.
Staff are currently reviewing the study and any recommendations from the study must
be secured through a Registered Development Agreement with the Region of Waterloo
prior to final approval of the consent.
Regional staff has no objections to the proposed application, subject to the
following condition:
1) That, prior to final approval, the applicant, if necessary, based on the review of
the submitted noise study, enter into a Registered Development Agreement with
the Region of Waterloo to implement the findings of the study.
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 14-046 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,
G�
Carolyn Crozier M.Sc.PI, MCIP, RPP
Principal Planner
Document Number: 2557950
cc. Juliane vonWesterholt, City of Kitchener (via email)
Brian Bateman, City of Kitchener (via email)
Document Number: 2557950
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
November 10, 2017 www.regionofwaterloo.ca
Holly Dyson
City of Kitchener
200 King Street West File: T 15-40/VAR KIT GEN
P.O. Box 1118 (01) /50, Forest Hill United Church
Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban
Developments, 1193-1201 FHM Rd
(04) /VAR KIT, 1142805 Ontario Inc.
(05) /VAR KIT, Roopnarine, Angad
(08) / VAR KIT, 2361693 Ontario Inc.
(09, 10) / VAR KIT, Emmanuel Bible College
(11, 12) /VAR KIT, Garden Brook Homes
(13) / VAR KIT, 673099 Ontario Ltd.
Freure North Subdivision (30T-98201)
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the
sign and its foundation are located on private property.
2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns.
3. 317 Greenbrook Drive (A 2017-104): No concerns.
4. 2399 Kingsway Drive (A 2017-105): No concerns.
5. 31 Cherry Street (A 2017-106): No concerns.
6. 386 Southill Drive (A 2017-107): No concerns.
7. 42 Marlis Crescent (A 2017-108): No concerns.
8. 125 Margaret Avenue (A 2017-109): No concerns.
9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns.
10.110 Fergus Avenue (A 2017-111): No concerns.
11.27 Bismark Avenue (A 2017-112): No concerns.
12.27 Bismark Avenue (A 2017-113): No concerns.
13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns.
DOCS: 2553615
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: November 06, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located
Authority areas of interest. As such, we will
and plan review fees will not be required
additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
outside the Grand River Conservation
not undertake a review of the applications
. If you have any questions, or require
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
Staff Report
KI
Tc R CommunityServices Department
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
APPLICATION #:
ADDRESS:
PROPERTY OWNERS:
SUMMARIZED
RECOMMENDATION:
DATE OF REPORT:
www.kitchener ra
Committee of Adjustment
November 21, 2017
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Craig Dumart, Junior Planner - 519-741-2200 ext. 7073
B2017-040, A2017-110, A2017-111
70, 100, &110 Fergus Avenue
Emmanuel Bible College
Approve with conditions
November 10, 2017
Co/}V-� i
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t
ar
Subject Properky�.b`'`
7
Location Map: 70, 100 and 110 Fergus Avenue
1
R*NER
Staff Report
CommunityServices Department
www1itchenerra
Proposed lot fabric
REPORT
The subject property is municipally addressed as 70, 100 and 110 Fergus Avenue. The property
is currently developed with post -secondary school campus that consists of a single detached
dwelling, a religious institution (chapel), an education establishment (classrooms), an
administrative office building, a campus centre (restaurant/cafeteria for students) and residential
lodging houses (dorms) for the students. The property is zoned 1-2 (Community Institutional
Zone) with special use provision 103U in the Zoning By-law and designated Institutional in the
Official Plan.
The applicant is requesting consent to sever the subject property into two lots to allow for future
development on the severed lands. The severed lot would have a frontage of 87.578 metres, a
depth of 115.55 metres and an area of 14278.1 square metres, while the retained lot would
have a frontage of 81.715 metres, depth of 157.364 metres and an area of 12727.9 square
metres. Minor variances for the retained and severed lands are also requested. A Site Visit was
undertaken on October 31, 2017.
2
KKITC�IENER
Staff Report
CommunityServices Department
www1itchenerra
Existing institutional campus at 70,100, & 110 Fergus Avenue
Planning Comments:
Requested Consent (Application 132016-040)
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning
Act, R.S.O. 1990. c.P. 13, both the severed and retained parcels are in conformity with the
City's Official Plan and Zoning By-law 85-1.
Planning staff is of the opinion that the proposal conforms with the regulations of the
Community Institutional Zone (1-2). The proposed severance conforms to the City's Official Plan
and that the configuration of the proposed lots can be considered appropriate for the use of the
lands. The proposed severance is required to create separate lots to allow future
redevelopment on the severed lands. Minor variances are required to bring the proposed
severance into conformity with the Zoning By-law prior to the consent application being
approved.
Requested Minor Variances (Applications A2017-110 & A2017-111)
A2017-110 — 70-100 Fergus Avenue
The applicant is seeking relief from Section 32.3.5 of the Zoning By-law to legalize a side yard
setback abutting a street 3.97 metres whereas a minimum of 6.0 metres is required in the by-
law and seeking relief to legalize the rear yard setback of 6.0 metres whereas the by-law
requires 7.5 metres. Furthermore, the applicant is requesting relief from Section 5.17A of the
Zoning By-law to allow lodging houses to be located on abutting lots (0 metres) whereas the by-
law requires a 400 metres separation between a Lodging Houses on another lot.
3
Staff Report
KtTc�IEI�TER Community Services Department www1itchenerra
A2017-111— 110 Fergus Avenue
The applicant is seeking relief from Section 32.3.5 of the Zoning By-law to legalize a side yard
setback of 5.63 metres whereas a minimum of 6.0 metres is required in the by-law and seeking
relief to legalize the rear yard setback of 7.25 metres whereas the by-law requires 7.5 metres.
The applicant has requested relief from Section 6.12 a) of the Zoning By-law to legalize the 64
existing parking spaces on site whereas the By-law requires 94. Furthermore, the applicant is
requesting relief from Section 5.17A of the Zoning By-law to allow lodging houses to be located
on abutting lots (0 metres) whereas the by-law requires a 400 metres separation between a
Lodging Houses on another lot.
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 for the
retained lands:
The subject property is designated Institutional in the City's Official Plan. The Institutional
designation provides for a full range of institutional uses that are primarily of a community or
regional scale including cemeteries, community facilities (e.g. auditoriums, community
centres, libraries, sports and/or recreation facilities), cultural facilities, day care facilities,
educational establishments, funeral homes, hospitals, heath offices and clinics, medical
laboratories, religious institutions, residential care facilities, social services establishments
and studio/artisan-related uses (policy 15.D.7.6). Please note that despite the `Institutional'
land use designation of these properties, the implementing policies are under appeal
(section 15.D.7). As such the `Major Institutional District' policies (Section 7) of the 1994
Official Plan, as amended, may be used as guidance until such time as the appeals/repeals
have been resolved. These policies contemplate a similar range of uses as the new Official
Plan and the proposed variances conform with the designation and it is therefore the
opinion of staff that the requested variances meet the general intent of the land use
designation.
2. The requested variances to permit reduced side yard setbacks, reduced rear yard setbacks
and legalize the 0 metres setback between the existing lodging houses on the severed and
retained lands meet the intent of the zoning By-law. The requested variance to legalize the
existing parking requirement of 64 spaces on the severed lands also meets the intent of Zoning
By-law. All of the proposed variances are existing conditions of the overall site and no new
development is proposed at this time. Minor variances are only required to bring the
proposed severance into conformity with the Zoning By-law prior to the consent application
being approved. As such, staff is satisfied the variances meets the general intent of the
Zoning By-law.
3. The variance can be considered minor as the reduced setbacks and reduced parking spaces
are existing will not present any significant impacts to adjacent properties or the overall
character of the neighbourhood. The variances are therefore considered good planning.
4. The proposed variances are appropriate. The reduced setbacks and parking spaces are
existing and legalizing them will not negatively impact the existing character of the subject
property or surrounding neighbourhood.
0
Staff Report
KtTc�IEI�TER Community Services Department www1itchenerra
Based on the foregoing, Planning staff recommends that this application be approved.
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new ones that may be required to service this property, all
prior to severance approval. Our records indicate sanitary, storm and water municipal
services are currently available to service this property. Any further enquiries in this
regard should be directed to Niall Melanson (519-741-2200 ext. 7133).
• Any new driveways are to be built to City of Kitchener standards at grade with the
existing sidewalk. All works is at the owner's expense and all work needs to be
completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system and proposed
easements will be required to the satisfaction of the Engineering Division prior to
severance approval.
• As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As -Recorded Tracking Form may be required to be filled out and
submitted along 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 Engineering Division prior to severance approval.
Building Comments:
• The Building Division has no objections to the proposed applications.
Transportation Comments:
• Transportation Services has no concerns with the proposed applications.
Environmental Planning Comments:
• The proposed portion to be retained contains the remnant upland woodland, which is
identified for retention on the approved Site Plan registered on the title of the property
through site plan control. Environmental Planning will require the continued retention of
the woodland on the retained lands and give notice that we will not support any proposal
to remove it.
The entire property (severed and retained) was the recipient of a LEAF grant in 2009.
Part of the grant was to improve the sugar maples / forest on the property. In 2010,
approx. 133 trees were planted throughout the property.
In light of the treed nature of the entire property (severed and retained) Environmental
Planning requests, conditions be included on both the severed and retained lands that
the owner/applicant enters into an agreement to complete Tree Preservation /
Enhancement Plan prior to the issuance of a building permit.
RECOMMENDATION:
That application B2017-040 requesting permission to sever the subject property into two
lots to allow future development on the severed lands be approved subject to the
following conditions:
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Staff Report
KtTc�IEI�TER Community Services Department www.kitchenerra
1. That Minor Variance Applications A2017-110 and A2017-111 receive final approval.
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.
That the Owner provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well
as one full size paper copy 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 make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the
severed lands and/or retained lands.
That the owner submit a servicing plan showing outlets to the municipal servicing
system will be required to the satisfaction of the Engineering Division prior to severance
approval.
6. That the owner prepare and receive approval of the Development and Reconstruction
As -Recorded Tracking Form, along 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 Engineering Division, as per the
Public Sector Accounting Board (PSAB) S.3150.
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 lands which shall
include the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed lands
and retained lands in accordance with the City's Tree Management Policy, to
be approved by the City's Director of Planning and where necessary,
implemented prior to any grading, tree removal or the issuance of building
permits. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and vegetation to be
preserved.
b) The owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City's Director
of Planning.
2. That application A2017-110 requesting relief from Section 32.3.5 of the Zoning By-law to
legalize a side yard setback abutting a street 3.97 metres whereas a minimum of 6.0
metres is required in the by-law and seeking relief to legalize the rear yard setback of
6.0 metres whereas the by-law requires 7.5 metres amd seeking relief from Section
5.17A of the Zoning By-law to allow lodging houses to be located on abutting lots (0
A
Staff Report
KtTc�IEI�TER Community Services Department www.kitchenerra
metres) whereas the by-law requires a 400 metres separation between a Lodging
Houses on another lot be approved.
3. That application A2017-111 requesting relief from Section 32.3.5 of the Zoning By-law to
legalize a side yard setback of 5.63 metres whereas a minimum of 6.0 metres is
required and seeking relief to legalize the rear yard setback of 7.25 metres whereas the
by-law requires 7.5 metres and relief from Section 6.12 a) of the Zoning By-law to
legalize the 64 existing parking spaces on site whereas the By-law requires 94, and
relief from Section 5.17A of the Zoning By-law to allow lodging houses to be located on
abutting lots (0 metres) whereas the by-law requires a 400 metres separation between a
Lodging Houses on another lot.be approved.
Craig Dumart, BES Juliane von Westerholt BES, MCIP, RPP
Junior Planner Senior Planner
7
N*
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rl oo.ca
Carolyn Crozier 575-4757 ext. 3657
File No. D20-20/17 KIT
November 15, 2017
Re: Comments for Consent Applications
B2017-032 to B2017-047 and
CC 2017-001
Committee of Adjustment Hearing November 21, 2017
CITY OF KITCHENER
B 2017-032
101 & 105 Mount Hope Street
Mohammad Abdullah c/o JEC Properties Inc.
The purpose of this application is to create a new lot for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Regional staff has no objections to the proposed application subject to the
following condition:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
Document Number: 2557950
B 2017-033
393-411 Queen Street S., 168, 170-172, 176 and 180 Benton Street
Polocorp Inc.
The purpose of this application is to sever a parcel of land from 399 Queen Street South
and 168 Benton Street and convey it as a lot addition to the lands addressed as 170-
172, 176 and 180 Benton Street.
Corridor Planning
Noise
A noise study, dated January 17, 2017, prepared by IBI Group was submitted for the
associated Site Plan application SP17/015/Q/GS. Clarifications on details of the study
were requested by Corridor Planning staff on March 13, 2017. Clarification has not yet
been received.
Prior to final approval, the applicant is required to satisfy outstanding matters pertaining
to the noise study, and, if required, enter into a registered development agreement with
the Region of Waterloo to implement the findings of the study.
Regional staff has no objections to the proposed application, subject to the
following condition:
1. That, prior to final approval, the applicant provides clarification to Region staff to
satisfy the noise study requirements, and, if necessary, enter into a Registered
Development Agreement with the Region of Waterloo to implement the findings
of the study.
B2017-034 — B2017-037
Courtland Avenue East and Blockline Road
Viridis Development Group Inc.
The purpose of these applications is to sever three lots for residential/commercial
development and retain one lot, and create easements for servicing.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00 per each new lot created, for a total fee of $1,050.00.
Source Water Protection
Document Number: 2557950
The applicant is advised that they will be required to submit a Salt Management Plan for
the severed and retained lots, prior to Site Plan approval.
Corridor Planning
Regional Road Dedication
While no additional lands are required to satisfy the Regional Official Plan, additional
lands are required to accommodate the implementation of a 2.1 metre sidewalk along
the entire Courtland Avenue frontage. The applicant must engage an Ontario Land
Surveyor (OLS) to prepare a draft reference plan which illustrates the required road
allowance widening and/or easement where required. Prior to registering the reference
plan, the OLS should submit a draft copy of the plan to the Transportation Planner for
review. An electronic copy of the registered plan is to be emailed to the Transportation
Planner. Further instructions will come from the Region's Legal Assistant with regard to
document preparation and registration. Final registration of the reference plan can be
deferred to the Site Plan Application.
Traffic Site Circulation & Access
Regional staff are working with the applicant to secure a full movement access from
Courtland Avenue directly opposite Hillmount Street. Final design and costing will all be
deferred to the Site Plan Application.
The applicant will be required, prior to final approval of the consent application, to enter
into an agreement with the Region of Waterloo to provide reciprocal access easements
between the proposed retained lands and the severances to accommodate vehicular,
bus and construction traffic.
A Regional Road Access Permit will be required for the proposed access to Courtland
Avenue. The Access Permit can be deferred to the Site Plan Application.
Stormwater Management
A lot grading plan and stormwater management report will be required at the Site Plan
Application stage.
Transit Planning
Grand River Transit has been involved in the development of these lands and transit
comments will be provided at the Site Plan Application stage.
Land Use Compatibility
Document Number: 2557950
The applicant is required to address land use compatibility through the associated
Official Plan Amendment and Zone Change Applications. Land use compatibility studies
include, but are not limited to, road, rail and stationary noise, and vibration studies.
Road, stationary, and railway noise and vibration studies have been submitted in
support of the aforementioned Official Plan Amendment and Zone Change Applications
for these lands. These studies are currently under review by both the Region and rail
line authorities (CNR and CPR).
Additional study requirements and/or recommendations for mitigation stemming from
these studies must be secured through a Registered Development Agreement with the
City of Kitchener and/or the Region of Waterloo, or the rail line authorities, as
necessary, prior to final approval of these consent applications.
Regional staff has no objections to the proposed applications subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00 for each new lot created, for a total
fee of $1,050.00.
2. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the Region of Waterloo to provide for reciprocal access
easements between the proposed retained lands and the severances to
accommodate vehicular, bus and construction traffic.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the City of Kitchener and/or the Region of Waterloo, or rail
authorities, as necessary, to implement the findings of the following studies, and
any addendums, or emerging reports:
a. "Virerra Village, Kitchener Ontario, Acoustical Report" (IBI Group, March
31,2017);
b. "Courtland and Blockline Development,
Kitchener, Ontario" (Aercoustics, April 7
B2017-038 and B2017-039
125 Margaret Avenue
2361693 Ontario Inc.
Rail Vibration Impact Study,
, 2015).
The purpose of these applications is to create a new lot for residential development
(132017-038) and to grant easements on the severed and retained lands for driveway
access (132017-039).
Community Planning
Document Number: 2557950
Fees
Staff acknowledge receipt of the consent application fee of $350.00.
Corridor Planning
Noise
The severed and retained lands will have impacts from increasing road noise on
Margaret Avenue and Wellington Street North. The lands are also in close proximity to a
railway mainline.
Prior to final approval, the applicant is required to enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
B2017-040
100-110 Fergus Avenue
Document Number: 2557950
Emmanuel Bible College
The purpose of this application is to sever a parcel of land for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Regional Road Dedication
A dedicated road widening is required. An Ontario Land Surveyor must determine the
exact amount of the road widening along Weber Street East. Additionally, a daylight
triangle of 7.62 metres along the new property lines along Weber Street East and
Fergus Avenue will be required at owner's cost. A plan showing the required dedicated
widening is attached.
A draft reference plan for the road widening prepared by an Ontario Land Surveyor
must be provided for review by Regional staff, prior to depositing the Reference plan to
Land Registry office.
The owner must provide a copy of registered Reference plan and owner's legal
representative's contact information who would be required to work with Region's Legal
division to complete the required documentation for the dedicated road widening.
The dedication is required prior to final approval of the consent application.
Noise
The severed and retained lands will have impacts from increasing road noise on Weber
Street, Highway 8 and Fergus Avenue. Prior to final approval of the consent
application, the applicant is required to enter into a Registered Development Agreement
with the Region of Waterloo to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant is required to convey the road widening
(equal to 26.213 meters) and the 7.62 daylight triangle to the Region.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
B2017-041 and B2017-042
27 Bismark Avenue
2536306 Ontario Inc.
The purpose of these applications is to create a new lot for residential development
(B2017-041) and to grant easements on the severed and retained lands for mutual
driveway access (B2017-042).
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Noise
The subject lands are located within 75 metres vibration influence zone of a main
railway line. Prior to final approval, the applicant is required to enter into a Registered
Development Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
Document Number: 2557950
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
Document Number: 2557950
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
B2017-043 — B2017-047
Plan of Subdivision 58M-569 of Part of Lot 13, Biehn's Tract (Rockcliffe Drive)
Community Planning
The Region's concerns regarding the subject lands have previously been addressed
through the subdivision application 30T-98201 Stage 5a, registered as 58M-569
December 12, 2013.
Staff notes the intent of the above applications is to create 6 lots from previous 5 lots
and adjust the lot lines accordingly. For clarification it must be noted that that new
Municipal Nos. 11, 7, 5 would be subject to conditions as previously applicable to Lots 3
& 4 in the original subdivision agreement; and new Municipal No. 3 (corner lot) would be
subject conditions as previously applicable to Lot 5 in the original subdivision agreement
with the City (WR791465 November 26, 2013). It is anticipated that based on the final
lots configuration the Municipal No. 11 being partially on lands of the original lot 3 in the
approved subdivision; for purpose of the noise study, a revision to the original
subdivision agreement may not be required.
Due to minor adjustments of the lot lines as shown on the Figure 6 -Ultimate Lotting, an
update / addendum to the final noise study dated revised February 2014 as accepted
by the Region's letter dated April 08, 2014 will not be required for the above
applications.
Document Number: 2557950
Regional staff has no objections to the proposed application.
CC 2017-001
369 and 375 Frederick Street
Brent Gingerich, People Care Inc.
The purpose of this application is to seek permission to change the conditions of
Provisional Consent application B2017-019 to include an additional condition granting a
servicing easement.
Corridor Planning
Noise
Corridor Planning staff recently received a Noise Impact Feasibility Study, prepared by
Pinchin Ltd., dated March 29, 2017, in support of the original consent application.
Staff are currently reviewing the study and any recommendations from the study must
be secured through a Registered Development Agreement with the Region of Waterloo
prior to final approval of the consent.
Regional staff has no objections to the proposed application, subject to the
following condition:
1) That, prior to final approval, the applicant, if necessary, based on the review of
the submitted noise study, enter into a Registered Development Agreement with
the Region of Waterloo to implement the findings of the study.
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 14-046 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,
G�
Carolyn Crozier M.Sc.PI, MCIP, RPP
Principal Planner
Document Number: 2557950
cc. Juliane vonWesterholt, City of Kitchener (via email)
Brian Bateman, City of Kitchener (via email)
Document Number: 2557950
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
November 10, 2017 www.regionofwaterloo.ca
Holly Dyson
City of Kitchener
200 King Street West File: T 15-40/VAR KIT GEN
P.O. Box 1118 (01) /50, Forest Hill United Church
Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban
Developments, 1193-1201 FHM Rd
(04) /VAR KIT, 1142805 Ontario Inc.
(05) /VAR KIT, Roopnarine, Angad
(08) / VAR KIT, 2361693 Ontario Inc.
(09, 10) / VAR KIT, Emmanuel Bible College
(11, 12) /VAR KIT, Garden Brook Homes
(13) / VAR KIT, 673099 Ontario Ltd.
Freure North Subdivision (30T-98201)
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the
sign and its foundation are located on private property.
2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns.
3. 317 Greenbrook Drive (A 2017-104): No concerns.
4. 2399 Kingsway Drive (A 2017-105): No concerns.
5. 31 Cherry Street (A 2017-106): No concerns.
6. 386 Southill Drive (A 2017-107): No concerns.
7. 42 Marlis Crescent (A 2017-108): No concerns.
8. 125 Margaret Avenue (A 2017-109): No concerns.
9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns.
10.110 Fergus Avenue (A 2017-111): No concerns.
11.27 Bismark Avenue (A 2017-112): No concerns.
12.27 Bismark Avenue (A 2017-113): No concerns.
13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns.
DOCS: 2553615
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: November 06, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located
Authority areas of interest. As such, we will
and plan review fees will not be required
additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
outside the Grand River Conservation
not undertake a review of the applications
. If you have any questions, or require
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
, Staff Report
I Tc� ►� .R Community Services Department wm kitcheneua
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 21, 2017
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070
APPLICATION #: B2017-041, B2017-042, A2017-112, & A2017-113
ADDRESS: 27 Bismark Avenue
PROPERTY OWNER: 2536306 Ontario Inc.
SUMMARIZED
RECOMMENDATION: Approve with conditions
DATE OF REPORT: November 10, 2017
Subject Property: 127 Bismark Avenue
Report:
The application is proposing to sever the existing property into two separate lots, each to be
developed in future with a single detached or duplex dwelling. The existing dwelling is proposed
to be demolished.
, Staff Report
I R Community Services Department wm kitcheneua
Existing Dwelling at 27 Bismark Avenue
A site visit was undertaken on October 31, 2017
Planning Comments:
The property is designated as Low Rise Residential in the City of Kitchener Official Plan.
Permitted low density residential uses include single detached, semi-detached, duplex, and
multiple dwellings. The property is currently zoned as Residential Five (R-5) which permits
single detached, semi-detached, duplex, and multiple dwellings (maximum 3 unit multiple
dwellings). The property is also within the Residential Intensification in Established
Neighbourhoods Study (RIENS) Area.
The owner is proposing to sever the lands into two lots, and redeveloping each lot with a single
detached or duplex dwelling. A shared driveway is proposed along the shared property line in
order to access the required parking in the rear yard. Minor variances for a reduced front yard
setback and reduced Driveway Visibility Triangles (DVT) are being sought in order to match the
existing established setbacks along the street edge.
Specifically, these applications request the following:
Consent Application B2017-041 — To sever a lot with a frontage of 10.40m, depth of 52.84m,
and an area of 536.3m2, as well as to create an easement with a width of 1.524m, a length of
28.0m, and an area of 42.67 m2, for a mutual access in favour of the retained lands.
, Staff Report
I .R Community Services Department wm kitcheneua
Consent Application B2017-042 — To create an easement with a width of 1.52m, a length of
28.0m, and an area of 42.67M2, for a mutual access in favour of the severed lands.
Minor Variance Application A2017-112 — To request a front yard setback of 1.7m whereas
4.5m is required, as well as a DVT of 3.2m whereas 4.57m is required, for the severed lands.
Minor Variance Application A2017-113 — To request a front yard setback of 2.7m whereas
4.5m is required, as well as a DVT of 2.7m whereas 4.57m is required, for the retained lands.
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. The size, dimensions and shapes of the proposed lots is
suitable for the use of the lands and compatible with the surrounding community. The lands
front onto an established public street, and can be independently and adequately serviced with
connections to municipal services. Planning staff is of the opinion that the proposal is
consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater
Golden Horseshoe.
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:
The requested variances meet the general intent of the Official Plan. The Official Plan provides
specific policy direction for infill residential development in established neighbourhoods. In the
City's Central Neighbourhoods, the primary focus is to ensure that new infill development is
compatible with the existing neighbourhood. Policy 4.C.1.8.b requires that 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. The requested front yard setback and
DVT reductions will permit new residential buildings which feature front porches that are in line
with other porches along the street. The buildings are proposed to be located a similar setback
as other dwellings on the street.
The requested variances meet the general intent of the Zoning By-law. The intent of the front
yard setback is to establish built form that is consistent along a street. The reduced front yard
setbacks match the existing established street edge resulting in a uniform and compatible street
edge. Planning staff will require, as a condition of this approval, as per Policy 4.C.1.7 of the
Official Plan, the Owner submit to the Director of Planning, Building Elevation drawings, a Tree
Management Plan, and a building Site drawing showing the design and location of the proposed
buildings. Planning staff will review these plans to ensure that the proposed new dwellings are
compatible in terms of siting, massing, and architectural style.
The requested variances are minor. Kitchener City Council recently approved the Residential
Intensification in Established Neighbourhoods (RIENS) Study. That study identified that
character and compatibility are important when considering any new development. Some of the
recommendations from the study are currently at various stages of the implementation process.
Planning Staff notes that the development concept implements many of the preliminary RIENS
recommendations, including a reduced front yard, large front porch, shared driveway, and rear
, Staff Report
I Tc� ►� .R Community Services Department wm kitcheneua
yard parking. The variances are required because not all of the recommendations of the study
have been fully implemented in the Zoning By-law.
The variances are appropriate for the development and use of the land. The proposed
development will be compatible with the built form, massing, and building siting found
throughout the neighbourhood. Further attention will be paid to the building height, roof line,
porch design, driveway width and location, style and materials, and landscaping, as part of the
approval of the Building Elevation and Site drawings. The development proposal
accommodates a slight increase in density in an established community in a compatible form
that provides increased housing options.
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. Should a severance be approved, additional services
will be required for each individual lot — a building permit will be required for this work. Separate
building permit(s) will also be required for the demolition of existing home, as well as construction
of new units.
Transportation Comments:
Transportation Services has no concerns with the proposed application. As part of the Building
Elevations plans, details on the proposed porch design and material are required to ensure that
visibility may be maintained through the railings.
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. The owner is required
to make satisfactory financial arrangements with the Engineering Division for the installation of new
ones that may be required to service this property, all prior to severance approval. Our records
indicate sanitary, storm and water municipal services are currently available to service this
property. Any further enquiries in this regard should be directed to Niall Melanson (519-741-2200
ext. 7133).
Any new driveways are to be built to City of Kitchener standards at grade with the existing
sidewalk. All works is at the owner's expense and all work needs to be completed prior to
occupancy of the building.
A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval. 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.
As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction
As -Recorded Tracking Form is required to be filled out and submitted along with a digital
submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the
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corresponding correct layer names and numbering system to the satisfaction of the Engineering
Division prior to severance approval.
Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as a new development
lot will be created. The cash -in -lieu dedication required is $4,767.90.
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (10.365m) at a land value of $9,200 per frontage metre.
Heritage Comments:
Heritage Planning staff has no concerns with the applications. The Kitchener Cultural Heritage
Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd.
was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the
first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the
property municipally addressed as 27 Bismark Avenue is advised that the property is located within
the Mount 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. Please contact
Michelle Drake, Senior Heritage & Policy Planner, for more information.
Environmental Planning Comments:
A Tree Management/Enhancement Plan is required for the severed and retained lands.
RECOMMENDATION:
That application and Application A2017-112 requesting a front yard setback of
1.7m whereas 4.5m is required, as well as a DVT of 3.2m whereas 4.57m is
required, for the severed lands, be approved.
II. That application A2017-113 requesting a front yard setback of 2.7m whereas 4.5m
is required, as well as a DVT of 2.7m whereas 4.57m is required, for the retained
lands, be approved.
III. That application B2017-041, proposing to sever a lot with a frontage of 10.40m,
Depth of 52.04m, and an area of 536.3m2, as well as an easement with a width of
1.52m and a length of 28.Om and an area of 42.67 m2, for a mutual access in favour
of the served lands, be approved subject to the following conditions;
1. That the Transfer Easement document(s) required to create the
Easement(s) being approved herein shall include the following and shall be
approved by the City Solicitor:
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a. a clear and specific description of the purpose of the Easement(s)
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(s) being
granted shall be maintained and registered on title in perpetuity.
2. 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.
3. That the Owner provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in dwg (AutoCad) or dgn
(Microstation) format, as well as one full size paper copy 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 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.
5. That the Owner submit a site drawing and building elevation drawings for
both the severed and retained lots, to confirm the appropriateness of the
proposed development, to the satisfaction of the City's Director of
Planning.
6. That the Owners shall receive full and final approval of a Demolition
Control Application for the demolition of 27 Bismark Avenue.
7. 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 retained and
severed lands which shall include the following:
a. That the owner shall prepare a Tree Preservation Plan for the
severed and retained lands in accordance with the City's Tree
Management Policy, to be approved by the City's Director of
Planning and where necessary, implemented prior to any grading,
tree removal or the issuance of building permits. Such plans shall
include, among other matters, the identification of a proposed
building envelope/work zone, landscaped area and vegetation to be
preserved.
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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.
8. That the owner make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to
the severed lands and/or retained lands.
9. That the owner make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard
landscaping including street trees, and a paved shared driveway ramp.
10. That the owner make financial arrangements to the satisfaction of the City's
Engineering Services for the removal of any redundant service connections
to the (severed lands and/or retained) lands.
11. That the owner provide a servicing plan and grading plan showing outlets
to the municipal servicing system to the satisfaction of the Director of
Engineering Services.
12. 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 to pump
sewage from the property line to the street.
13. That as per the Public Sector Accounting Board (PSAB) S. 3150 the
Development and Reconstruction As -Recorded Tracking Form is required
to be filled out and submitted along 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 Engineering Division prior to severance approval.
14. That the owner pay to the City of Kitchener a cash -in -lieu contribution for
park dedication equal to 5% of the value of the lands to be severed.
IV. That Application B2017-042 proposing an easement with a width of 1.524m and a
length of 28.Om and an area of 42.672m2, for a mutual access in favour of the
retained lands, be approved subject to the following conditions;
1. That the Transfer Easement document(s) required to create the
Easement(s) being approved herein shall include the following and shall be
approved by the City Solicitor:
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a. a clear and specific description of the purpose of the Easement(s)
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(s) being
granted shall be maintained and registered on title in perpetuity.
2. 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.
Garett Stevenson, BES, MCIP, RPP
Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
N*
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rl oo.ca
Carolyn Crozier 575-4757 ext. 3657
File No. D20-20/17 KIT
November 15, 2017
Re: Comments for Consent Applications
B2017-032 to B2017-047 and
CC 2017-001
Committee of Adjustment Hearing November 21, 2017
CITY OF KITCHENER
B 2017-032
101 & 105 Mount Hope Street
Mohammad Abdullah c/o JEC Properties Inc.
The purpose of this application is to create a new lot for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Regional staff has no objections to the proposed application subject to the
following condition:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
Document Number: 2557950
B 2017-033
393-411 Queen Street S., 168, 170-172, 176 and 180 Benton Street
Polocorp Inc.
The purpose of this application is to sever a parcel of land from 399 Queen Street South
and 168 Benton Street and convey it as a lot addition to the lands addressed as 170-
172, 176 and 180 Benton Street.
Corridor Planning
Noise
A noise study, dated January 17, 2017, prepared by IBI Group was submitted for the
associated Site Plan application SP17/015/Q/GS. Clarifications on details of the study
were requested by Corridor Planning staff on March 13, 2017. Clarification has not yet
been received.
Prior to final approval, the applicant is required to satisfy outstanding matters pertaining
to the noise study, and, if required, enter into a registered development agreement with
the Region of Waterloo to implement the findings of the study.
Regional staff has no objections to the proposed application, subject to the
following condition:
1. That, prior to final approval, the applicant provides clarification to Region staff to
satisfy the noise study requirements, and, if necessary, enter into a Registered
Development Agreement with the Region of Waterloo to implement the findings
of the study.
B2017-034 — B2017-037
Courtland Avenue East and Blockline Road
Viridis Development Group Inc.
The purpose of these applications is to sever three lots for residential/commercial
development and retain one lot, and create easements for servicing.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00 per each new lot created, for a total fee of $1,050.00.
Source Water Protection
Document Number: 2557950
The applicant is advised that they will be required to submit a Salt Management Plan for
the severed and retained lots, prior to Site Plan approval.
Corridor Planning
Regional Road Dedication
While no additional lands are required to satisfy the Regional Official Plan, additional
lands are required to accommodate the implementation of a 2.1 metre sidewalk along
the entire Courtland Avenue frontage. The applicant must engage an Ontario Land
Surveyor (OLS) to prepare a draft reference plan which illustrates the required road
allowance widening and/or easement where required. Prior to registering the reference
plan, the OLS should submit a draft copy of the plan to the Transportation Planner for
review. An electronic copy of the registered plan is to be emailed to the Transportation
Planner. Further instructions will come from the Region's Legal Assistant with regard to
document preparation and registration. Final registration of the reference plan can be
deferred to the Site Plan Application.
Traffic Site Circulation & Access
Regional staff are working with the applicant to secure a full movement access from
Courtland Avenue directly opposite Hillmount Street. Final design and costing will all be
deferred to the Site Plan Application.
The applicant will be required, prior to final approval of the consent application, to enter
into an agreement with the Region of Waterloo to provide reciprocal access easements
between the proposed retained lands and the severances to accommodate vehicular,
bus and construction traffic.
A Regional Road Access Permit will be required for the proposed access to Courtland
Avenue. The Access Permit can be deferred to the Site Plan Application.
Stormwater Management
A lot grading plan and stormwater management report will be required at the Site Plan
Application stage.
Transit Planning
Grand River Transit has been involved in the development of these lands and transit
comments will be provided at the Site Plan Application stage.
Land Use Compatibility
Document Number: 2557950
The applicant is required to address land use compatibility through the associated
Official Plan Amendment and Zone Change Applications. Land use compatibility studies
include, but are not limited to, road, rail and stationary noise, and vibration studies.
Road, stationary, and railway noise and vibration studies have been submitted in
support of the aforementioned Official Plan Amendment and Zone Change Applications
for these lands. These studies are currently under review by both the Region and rail
line authorities (CNR and CPR).
Additional study requirements and/or recommendations for mitigation stemming from
these studies must be secured through a Registered Development Agreement with the
City of Kitchener and/or the Region of Waterloo, or the rail line authorities, as
necessary, prior to final approval of these consent applications.
Regional staff has no objections to the proposed applications subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00 for each new lot created, for a total
fee of $1,050.00.
2. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the Region of Waterloo to provide for reciprocal access
easements between the proposed retained lands and the severances to
accommodate vehicular, bus and construction traffic.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the City of Kitchener and/or the Region of Waterloo, or rail
authorities, as necessary, to implement the findings of the following studies, and
any addendums, or emerging reports:
a. "Virerra Village, Kitchener Ontario, Acoustical Report" (IBI Group, March
31,2017);
b. "Courtland and Blockline Development,
Kitchener, Ontario" (Aercoustics, April 7
B2017-038 and B2017-039
125 Margaret Avenue
2361693 Ontario Inc.
Rail Vibration Impact Study,
, 2015).
The purpose of these applications is to create a new lot for residential development
(132017-038) and to grant easements on the severed and retained lands for driveway
access (132017-039).
Community Planning
Document Number: 2557950
Fees
Staff acknowledge receipt of the consent application fee of $350.00.
Corridor Planning
Noise
The severed and retained lands will have impacts from increasing road noise on
Margaret Avenue and Wellington Street North. The lands are also in close proximity to a
railway mainline.
Prior to final approval, the applicant is required to enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
B2017-040
100-110 Fergus Avenue
Document Number: 2557950
Emmanuel Bible College
The purpose of this application is to sever a parcel of land for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Regional Road Dedication
A dedicated road widening is required. An Ontario Land Surveyor must determine the
exact amount of the road widening along Weber Street East. Additionally, a daylight
triangle of 7.62 metres along the new property lines along Weber Street East and
Fergus Avenue will be required at owner's cost. A plan showing the required dedicated
widening is attached.
A draft reference plan for the road widening prepared by an Ontario Land Surveyor
must be provided for review by Regional staff, prior to depositing the Reference plan to
Land Registry office.
The owner must provide a copy of registered Reference plan and owner's legal
representative's contact information who would be required to work with Region's Legal
division to complete the required documentation for the dedicated road widening.
The dedication is required prior to final approval of the consent application.
Noise
The severed and retained lands will have impacts from increasing road noise on Weber
Street, Highway 8 and Fergus Avenue. Prior to final approval of the consent
application, the applicant is required to enter into a Registered Development Agreement
with the Region of Waterloo to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant is required to convey the road widening
(equal to 26.213 meters) and the 7.62 daylight triangle to the Region.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
B2017-041 and B2017-042
27 Bismark Avenue
2536306 Ontario Inc.
The purpose of these applications is to create a new lot for residential development
(B2017-041) and to grant easements on the severed and retained lands for mutual
driveway access (B2017-042).
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Noise
The subject lands are located within 75 metres vibration influence zone of a main
railway line. Prior to final approval, the applicant is required to enter into a Registered
Development Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
Document Number: 2557950
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
Document Number: 2557950
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
B2017-043 — B2017-047
Plan of Subdivision 58M-569 of Part of Lot 13, Biehn's Tract (Rockcliffe Drive)
Community Planning
The Region's concerns regarding the subject lands have previously been addressed
through the subdivision application 30T-98201 Stage 5a, registered as 58M-569
December 12, 2013.
Staff notes the intent of the above applications is to create 6 lots from previous 5 lots
and adjust the lot lines accordingly. For clarification it must be noted that that new
Municipal Nos. 11, 7, 5 would be subject to conditions as previously applicable to Lots 3
& 4 in the original subdivision agreement; and new Municipal No. 3 (corner lot) would be
subject conditions as previously applicable to Lot 5 in the original subdivision agreement
with the City (WR791465 November 26, 2013). It is anticipated that based on the final
lots configuration the Municipal No. 11 being partially on lands of the original lot 3 in the
approved subdivision; for purpose of the noise study, a revision to the original
subdivision agreement may not be required.
Due to minor adjustments of the lot lines as shown on the Figure 6 -Ultimate Lotting, an
update / addendum to the final noise study dated revised February 2014 as accepted
by the Region's letter dated April 08, 2014 will not be required for the above
applications.
Document Number: 2557950
Regional staff has no objections to the proposed application.
CC 2017-001
369 and 375 Frederick Street
Brent Gingerich, People Care Inc.
The purpose of this application is to seek permission to change the conditions of
Provisional Consent application B2017-019 to include an additional condition granting a
servicing easement.
Corridor Planning
Noise
Corridor Planning staff recently received a Noise Impact Feasibility Study, prepared by
Pinchin Ltd., dated March 29, 2017, in support of the original consent application.
Staff are currently reviewing the study and any recommendations from the study must
be secured through a Registered Development Agreement with the Region of Waterloo
prior to final approval of the consent.
Regional staff has no objections to the proposed application, subject to the
following condition:
1) That, prior to final approval, the applicant, if necessary, based on the review of
the submitted noise study, enter into a Registered Development Agreement with
the Region of Waterloo to implement the findings of the study.
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 14-046 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,
G�
Carolyn Crozier M.Sc.PI, MCIP, RPP
Principal Planner
Document Number: 2557950
cc. Juliane vonWesterholt, City of Kitchener (via email)
Brian Bateman, City of Kitchener (via email)
Document Number: 2557950
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
November 10, 2017 www.regionofwaterloo.ca
Holly Dyson
City of Kitchener
200 King Street West File: T 15-40/VAR KIT GEN
P.O. Box 1118 (01) /50, Forest Hill United Church
Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban
Developments, 1193-1201 FHM Rd
(04) /VAR KIT, 1142805 Ontario Inc.
(05) /VAR KIT, Roopnarine, Angad
(08) / VAR KIT, 2361693 Ontario Inc.
(09, 10) / VAR KIT, Emmanuel Bible College
(11, 12) /VAR KIT, Garden Brook Homes
(13) / VAR KIT, 673099 Ontario Ltd.
Freure North Subdivision (30T-98201)
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the
sign and its foundation are located on private property.
2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns.
3. 317 Greenbrook Drive (A 2017-104): No concerns.
4. 2399 Kingsway Drive (A 2017-105): No concerns.
5. 31 Cherry Street (A 2017-106): No concerns.
6. 386 Southill Drive (A 2017-107): No concerns.
7. 42 Marlis Crescent (A 2017-108): No concerns.
8. 125 Margaret Avenue (A 2017-109): No concerns.
9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns.
10.110 Fergus Avenue (A 2017-111): No concerns.
11.27 Bismark Avenue (A 2017-112): No concerns.
12.27 Bismark Avenue (A 2017-113): No concerns.
13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns.
DOCS: 2553615
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: November 06, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located
Authority areas of interest. As such, we will
and plan review fees will not be required
additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
outside the Grand River Conservation
not undertake a review of the applications
. If you have any questions, or require
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
, Staff Report
I Tc� ►� .R Community Services Department wm kitcheneua
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2016
SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 x7869
PREPARED BY: Katie Anderl, Senior Planner 519-741-2200 x7897
APPLICATION #: B2016-043 to B2017-047 & A2017-114 to A2017-119
ADDRESS: 3, 7, 11, 15 & 19 Rockcliffe Drive
PROPERTY OWNER: Primeland Developments (2003) Limited
SUMMARIZED
RECOMMENDATION: Approve with conditions
DATE OF REPORT: November 10, 2017
REPORT:
d3
49 47
Location Map — 3, 7, 11, 15 & 19 Rockcliffe Drive
Planning Comments: The subject lands are located on Rockcliffe Drive in the Huron Woods
Subdivision. There is an existing model home at 27 Rockcliffe Drive, and a model under
construction at 23 Rockcliffe Drive. The owner would like to use these lots for future model
homes, and wishes to build homes which accurately represent the variety of lot widths and
housing styles which will be available to purchase in other parts of the subdivision.
The applicant is seeking consent for 4 lot additions and the creation of a new lot, ultimately
resulting in creating 6 lots from the current 5. Maintenance easements have been requested
over future lots municipally addressed as 11 and 15 Rockcliffe Drive. A variance is also
requested for each of the 6 resultant lots. The consent and variance requests are depicted on
the sketch below and summarized in the table.
PART 2-
PART 4 i PART 6 PARS PART 9 �16,
N71`2C'2:`E 6-:1.708 SIB
f1 10.110
10.973-7"- /�4 9 754 1 J.9 3 9./144 1 6.' 4 l
I ��/.NEN+
Mun, No,19 Mun, No.15 Mu . Not Mun, No.7 Mun. No. 5 Mun, No.3
[j Area Area r a '� /Area Area �=' Area y
364,655 sq,m, J - 341,39 sq,rn q i f,.y 34 .39 sq, m. 324,665 q,m. .'eb/,G4 sq m ..� 5/75,89/4,/sq m,
rl�
6.0
FART PART i a PARTS PART ` ;'" *:. PART
00
�n 1 3,� i 5 :n 7 ;' i 10 / N
r) C7
a� ra LU
on ij'
i 0 z
l
i 71'20' 2'5"E
0.973 D.!14 .754 1'0,9 3 9.144 SJ 'i
=:8.492
n
711
pp15.904 .387
PAR PART 12
EEASEMENT
Severance Sketch
Address
Application
Retained
Severed
Variance Request
19 Rockcliffe
B2017-047
Pt 1
Pt 2 (lot addition to 15
Lot width of 10.973m rather
A2017-118
Rockcliffe Dr)
than 11.5m (for future #19
Rockcliffe: Pt 1)
15 Rockcliffe
B2017-046
Pt 3
Pt 4 (lot addition to 11
Lot width of 9.754m rather
A2017-117
Pt 11 (0.61 m easement
Rockcliffe Dr)
than 11.5m (for future #15
in favour of 11
Pt 12 (0.61 m easement
Rockcliffe: Pts 2 & 3)
Rockcliffe)
in favour of 15
Rockcliffe)
11 Rockcliffe
B2017-045
Pt 5
Pt 6 (lot addition to 7
Lot width of 9.754m rather
A2017-116
Rockcliffe Dr)
than 11.5m (for future #11
Rockcliffe: Pts 4 & 5)
7 Rockcliffe
B2017-044
Pt 7
Pt 8 (lot addition to 3
Lot width of 10.973m rather
A2017-115
Rockcliffe Dr)
than 11.5m (for future #7
Rockcliffe: Pts 6 & 7)
5 Rockcliffe
A2017-119
Lot width of 9.144m rather
(future lot)
than 11.5m (for future #5
Rockcliffe: Pts 8 & 9)
3 Rockcliffe
B2017-043
Pt 9
Pt 10 (new lot)
Side yard setback to an
A2017-114
arterial road of 6.Om rather
than 12.Om (for future #3
Rockcliffe: Pt 10)
Planning Analysis
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. Please
note, the proposed variances to lot width relate to the future lots, as described in the table above,
and are required in order for the proposed lots to comply with zoning by-law regulations.
Photo — 3 - 19 Rockcliffe Drive (October 30, 2017).
Proposed Variance to Special Regulation Provision 341R to permit lot widths less than
11.5 metre (A2017-115 — A2017-119)
The subject lands are designated Low Rise Residential in the City's Official Plan which permits
the development of single detached dwellings. Urban design policies support providing variety in
a subdivision which includes incorporating a variety of housing styles and lot widths. The
creation of a mix of lot widths will help provide for an interesting streetscape. Based on the
foregoing staff are of the opinion that the intent of the Official Plan is maintained.
The lands are zoned Residential Four Zone (R-4) with Special Regulation Provision 341R.
Special Regulation Provision 341 R requires a minimum lot width of 11.5 metres. The R-4 zone
allows a minimum lot width of 9.0 metres, and the intent of special regulation was to increase
variety of lot sizes throughout the subdivision. The subdivider is proposing to adjust the lots so
that there is further variation in lot sizes and none of the proposed lots are smaller than the
minimum 9.0 metre lot size of the R-4 zone. Further, there are a number of lots in close vicinity
to these lots which meet or exceed a lot width of 11.5 metres. Based on the foregoing, staff is
of the opinion that the intent of the zoning by-law is maintained, that the variance is minor, and
that it is appropriate for the development and use of the lands.
Proposed Variance to permit a side yard setback to an arterial road of 6.0 metres rather
than 12.0 metres (A2017-114)
The subject property is designated Low Rise Residential in the City's Official Plan which permits
the proposed single detached dwelling. The Official Plan also includes a policy objective to
minimize and mitigate land use conflicts between sensitive land uses and noise sources. The
intent of a 12.0 metre setback between residential uses and arterial roads is to help provide
physical separation between arterial roads and residential uses. Further, from an urban design
perspective, consistent application of this regulation along an arterial road helps to ensure a
consistent streetscape treatment.
The subject property is located adjacent to the future Strasburg Road which is classified as an
arterial road. This is the only lot along the new section of Strasburg Road where a single
detached dwelling will have its side yard adjacent to the road. There is also a grade difference
between the lot and the road, requiring a berm, and retaining wall/noise wall combination.
Therefore the home will be visually screened and vertically separated from Strasburg Road,
protecting future resident's enjoyment of the outdoor amenity space by separating it from the
right-of-way. Further, a Noise Study was completed in support of the approved plan of
subdivision (prepared by Stantec Consulting and dated February 2014). The Noise Study was
prepared and approved based on the house being setback 6.0 metres from Strasburg Road.
The study recommended that a noise warning clause be registered on title of the subject lot,
that the building be designed with forced air -ducted heating system, and that noise attenuation
barrier be constructed along the side lot line. The Noise Study has been approved as part of
the subdivision process, and the requirements are captured in the existing subdivision
agreement registered on title.
Given that the existing noise mitigation measures ensure that noise impacts are appropriately
mitigated, and the grade, berm and noise wall configurations provide separation from Strasburg
Road, staff are of the opinion that the intent of the Official Plan and Zoning By-law are
maintained, and that the proposed variance is minor and appropriate for the development and
use of the lands.
Proposed Consent Applications
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 lots is desirable and
appropriate. The uses of lands are in conformity with the City's Official Plan and the proposed
lots will comply with the Zoning By-law, subject to approval of the requested variances to the lot
widths. The size, dimensions and shapes of the proposed lots are suitable for the use of the
lands and future development will be compatible with the neighbourhood. The lands front on a
public street, and can be serviced with independent and adequate service connections to
municipal services. Planning staff is 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 for the five dwelling units. Region
of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for
Municipal Services (DGSSMS) allows only one service per lot. Should the severances be
approved, ensure additional services are provided for the additional lot.
Transportation Comments:
Transportation Services has no concerns with the proposed applications. However, it is noted
that with respect to 3 Rockcliffe Drive that the minimum driveway setback for a corner lot must
be provided.
Engineering Comments:
This section of Rockcliffe Drive has not yet been constructed, however, civic 3, 7, 11, 15 & 19
Rockcliffe Drive have already been serviced with storm services. A storm service for new civic
no. 5, along with a sanitary and water service will be required to be installed when the balance
of the water and sanitary servicing for civic 3, 7, 11, 15 & 19 are completed.
Operations (Parks) Comments:
Parkland dedication is not required as it was taken as a condition of Subdivision Approval.
RECOMMENDATIONS:
Minor Variance Applications:
A. That application A2017-114 (for future lot to be known as 3 Rockcliffe Drive) requesting
relief from s. 5.24 of Zoning By-law 85-1 to permit a minimum setback of 6.0 metres from an
arterial road rather than 12.0 metres, be approved.
B. That application A2017-115 (for future lot to be known as 7 Rockcliffe Drive) requesting
relief from Special Regulation Provision 341 R of Zoning By-law 85-1 to permit a minimum lot
width of 10.97 metres rather than 11.5 metres, be approved.
C. That application A2017-116 (for future lot to be known as 11 Rockcliffe Drive) requesting
relief from Special Regulation Provision 341 R of Zoning By-law 85-1 to permit a minimum lot
width of 9.75 metres rather than 11.5 metres, be approved.
D. That application A2017-117 (for future lot to be known as 15 Rockcliffe Drive) requesting
relief from Special Regulation Provision 341 R of Zoning By-law 85-1 to permit a minimum lot
width of 9.75 metres rather than 11.5 metres, be approved.
E. That application A2017-118 (for future lot to be known as 19 Rockcliffe Drive) requesting
relief from Special Regulation Provision 341 R of Zoning By-law 85-1 to permit a minimum lot
width of 10.97 metres rather than 11.5 metres, be approved.
F. That application A2017-119 (for future lot to be known as 5 Rockcliffe Drive) requesting
relief from Special Regulation Provision 341 R of Zoning By-law 85-1 to permit a minimum lot
width of 9.11 metres rather than 11.5 metres, be approved.
Consent Applications
G. That application B2017-047, requesting consent to sever a parcel of land having a width of
1.32 metres, a depth of 35.00 metres (shown as Part 2 on the severance sketch) from 19
Rockcliffe Drive, as a lot addition to 15 Rockcliffe Drive, be approved subject to the
following conditions:
a. 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.
b. That the Owner provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in dwg (AutoCad) or dgn
(Microstation) format, as well as one full size paper copy 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.
c. That Minor Variance Application A2017-114, A2017-115, A2017-116, A2017-
117, A2017-118 and A2017-119 receive final approval.
d. That the Owner shall submit a draft copy of the proposed Transfer for the
severance for review and approval, to the satisfaction of the City Solicitor,
prior to severance approval.
e. That the lands to be severed be added to the abutting lands and title be taken
into identical ownership as the abutting lands. The deed for endorsement
shall include that any subsequent conveyance of the parcel to be severed
shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c.
P.13, as amended.
f. 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.
H. That application B2017-046, requesting consent to sever a parcel of land having a width of
3.86 metres, a depth of 35.00 metres (shown as Part 2 on the severance sketch) from 15
Rockcliffe Drive, as a lot addition to 11 Rockcliffe Drive; together with a maintenance
easement having a width of 0.61 metres over the retained lands (shown as Part 11 on the
severance sketch) in favour of the future lot to be municipally addressed as 11 Rockcliffe
Drive (being Parts 4 and 5 on the severance sketch); and a maintenance easement having a
width of 0.61 metres over the severed lands (shown as Part 12 on the severance sketch) in
favour of the future lot to be municipally address as 15 Rockcliffe Drive (being Parts 2 and 3
on the severance sketch) be approved subject to the following conditions:
a. 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.
b. That the Owner provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in dwg (AutoCad) or dgn
(Microstation) format, as well as one full size paper copy 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.
c. That Minor Variance Application A2017-114, A2017-115, A2017-116, A2017-
117, A2017-118 and A2017-119 receive final approval.
d. That the Owner shall submit a draft copy of the proposed Transfer for the
severance and easements for review and approval, to the satisfaction of
the City Solicitor, prior to severance approval.
e. That the lands to be severed be added to the abutting lands and title be taken
into identical ownership as the abutting lands. The deed for endorsement
shall include that any subsequent conveyance of the parcel to be severed
shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c.
P.13, as amended.
f. 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.
g. That the Transfer Easement document(s) required to create the
Easement(s) 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(s)
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(s) being
granted shall be maintained and registered on title in perpetuity.
h. 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.
That application B2017-045, requesting consent to sever a parcel of land having a width of
6.40 metres, a depth of 35.00 metres (shown as Part 6 on the severance sketch) from 11
Rockcliffe Drive, as a lot addition to 7 Rockcliffe Drive, be approved subject to the following
conditions:
a. 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.
b. That the Owner provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in dwg (AutoCad) or dgn
(Microstation) format, as well as one full size paper copy 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.
c. That Minor Variance Application A2017-114, A2017-115, A2017-116, A2017-
117, A2017-118 and A2017-119 receive final approval.
d. That the Owner shall submit a draft copy of the proposed Transfer for the
severance for review and approval, to the satisfaction of the City Solicitor,
prior to severance approval.
e. That the lands to be severed be added to the abutting lands and title be taken
into identical ownership as the abutting lands. The deed for endorsement
shall include that any subsequent conveyance of the parcel to be severed
shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c.
P.13, as amended.
f. 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.
J. That application B2017-044, requesting consent to sever a parcel of land having a width of
7.72 metres, a depth of 35.00 metres (shown as Part 8 on the severance sketch) from 7
Rockcliffe Drive, as a lot addition to 3 Rockcliffe Drive, be approved subject to the following
conditions:
a. 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.
b. That the Owner provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in dwg (AutoCad) or dgn
(Microstation) format, as well as one full size paper copy 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.
c. That Minor Variance Application A2017-114, A2017-115, A2017-116, A2017-
117, A2017-118 and A2017-119 receive final approval
d. That the Owner shall submit a draft copy of the proposed Transfer for the
severance for review and approval, to the satisfaction of the City Solicitor,
prior to severance approval.
e. That the lands to be severed be added to the abutting lands and title be taken
into identical ownership as the abutting lands. The deed for endorsement
shall include that any subsequent conveyance of the parcel to be severed
shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c.
P.13, as amended.
f. 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.
K. That application B2017-043, requesting consent to sever a parcel of land having a width of
16.14 metres, a depth varying between 29.29 metres and 35.00 metres and an area of
575.89 metres from 3 Rockcliffe Drive (shown as Part 10 on the severance sketch) be
approved subject to the following conditions:
a. 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.
b. That the Owner provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in dwg (AutoCad) or dgn
(Microstation) format, as well as one full size paper copy 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.
c. That Minor Variance Application A2017-114, A2017-115, A2017-116, A2017-
117, A2017-118 and A2017-119 receive final approval.
d. That the Owner shall submit a draft copy of the proposed Transfer for the
severance for review and approval, to the satisfaction of the City Solicitor,
prior to severance approval.
Katie Anderl, MCIP, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
N*
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rl oo.ca
Carolyn Crozier 575-4757 ext. 3657
File No. D20-20/17 KIT
November 15, 2017
Re: Comments for Consent Applications
B2017-032 to B2017-047 and
CC 2017-001
Committee of Adjustment Hearing November 21, 2017
CITY OF KITCHENER
B 2017-032
101 & 105 Mount Hope Street
Mohammad Abdullah c/o JEC Properties Inc.
The purpose of this application is to create a new lot for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Regional staff has no objections to the proposed application subject to the
following condition:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
Document Number: 2557950
B 2017-033
393-411 Queen Street S., 168, 170-172, 176 and 180 Benton Street
Polocorp Inc.
The purpose of this application is to sever a parcel of land from 399 Queen Street South
and 168 Benton Street and convey it as a lot addition to the lands addressed as 170-
172, 176 and 180 Benton Street.
Corridor Planning
Noise
A noise study, dated January 17, 2017, prepared by IBI Group was submitted for the
associated Site Plan application SP17/015/Q/GS. Clarifications on details of the study
were requested by Corridor Planning staff on March 13, 2017. Clarification has not yet
been received.
Prior to final approval, the applicant is required to satisfy outstanding matters pertaining
to the noise study, and, if required, enter into a registered development agreement with
the Region of Waterloo to implement the findings of the study.
Regional staff has no objections to the proposed application, subject to the
following condition:
1. That, prior to final approval, the applicant provides clarification to Region staff to
satisfy the noise study requirements, and, if necessary, enter into a Registered
Development Agreement with the Region of Waterloo to implement the findings
of the study.
B2017-034 — B2017-037
Courtland Avenue East and Blockline Road
Viridis Development Group Inc.
The purpose of these applications is to sever three lots for residential/commercial
development and retain one lot, and create easements for servicing.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00 per each new lot created, for a total fee of $1,050.00.
Source Water Protection
Document Number: 2557950
The applicant is advised that they will be required to submit a Salt Management Plan for
the severed and retained lots, prior to Site Plan approval.
Corridor Planning
Regional Road Dedication
While no additional lands are required to satisfy the Regional Official Plan, additional
lands are required to accommodate the implementation of a 2.1 metre sidewalk along
the entire Courtland Avenue frontage. The applicant must engage an Ontario Land
Surveyor (OLS) to prepare a draft reference plan which illustrates the required road
allowance widening and/or easement where required. Prior to registering the reference
plan, the OLS should submit a draft copy of the plan to the Transportation Planner for
review. An electronic copy of the registered plan is to be emailed to the Transportation
Planner. Further instructions will come from the Region's Legal Assistant with regard to
document preparation and registration. Final registration of the reference plan can be
deferred to the Site Plan Application.
Traffic Site Circulation & Access
Regional staff are working with the applicant to secure a full movement access from
Courtland Avenue directly opposite Hillmount Street. Final design and costing will all be
deferred to the Site Plan Application.
The applicant will be required, prior to final approval of the consent application, to enter
into an agreement with the Region of Waterloo to provide reciprocal access easements
between the proposed retained lands and the severances to accommodate vehicular,
bus and construction traffic.
A Regional Road Access Permit will be required for the proposed access to Courtland
Avenue. The Access Permit can be deferred to the Site Plan Application.
Stormwater Management
A lot grading plan and stormwater management report will be required at the Site Plan
Application stage.
Transit Planning
Grand River Transit has been involved in the development of these lands and transit
comments will be provided at the Site Plan Application stage.
Land Use Compatibility
Document Number: 2557950
The applicant is required to address land use compatibility through the associated
Official Plan Amendment and Zone Change Applications. Land use compatibility studies
include, but are not limited to, road, rail and stationary noise, and vibration studies.
Road, stationary, and railway noise and vibration studies have been submitted in
support of the aforementioned Official Plan Amendment and Zone Change Applications
for these lands. These studies are currently under review by both the Region and rail
line authorities (CNR and CPR).
Additional study requirements and/or recommendations for mitigation stemming from
these studies must be secured through a Registered Development Agreement with the
City of Kitchener and/or the Region of Waterloo, or the rail line authorities, as
necessary, prior to final approval of these consent applications.
Regional staff has no objections to the proposed applications subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00 for each new lot created, for a total
fee of $1,050.00.
2. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the Region of Waterloo to provide for reciprocal access
easements between the proposed retained lands and the severances to
accommodate vehicular, bus and construction traffic.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the City of Kitchener and/or the Region of Waterloo, or rail
authorities, as necessary, to implement the findings of the following studies, and
any addendums, or emerging reports:
a. "Virerra Village, Kitchener Ontario, Acoustical Report" (IBI Group, March
31,2017);
b. "Courtland and Blockline Development,
Kitchener, Ontario" (Aercoustics, April 7
B2017-038 and B2017-039
125 Margaret Avenue
2361693 Ontario Inc.
Rail Vibration Impact Study,
, 2015).
The purpose of these applications is to create a new lot for residential development
(132017-038) and to grant easements on the severed and retained lands for driveway
access (132017-039).
Community Planning
Document Number: 2557950
Fees
Staff acknowledge receipt of the consent application fee of $350.00.
Corridor Planning
Noise
The severed and retained lands will have impacts from increasing road noise on
Margaret Avenue and Wellington Street North. The lands are also in close proximity to a
railway mainline.
Prior to final approval, the applicant is required to enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
B2017-040
100-110 Fergus Avenue
Document Number: 2557950
Emmanuel Bible College
The purpose of this application is to sever a parcel of land for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Regional Road Dedication
A dedicated road widening is required. An Ontario Land Surveyor must determine the
exact amount of the road widening along Weber Street East. Additionally, a daylight
triangle of 7.62 metres along the new property lines along Weber Street East and
Fergus Avenue will be required at owner's cost. A plan showing the required dedicated
widening is attached.
A draft reference plan for the road widening prepared by an Ontario Land Surveyor
must be provided for review by Regional staff, prior to depositing the Reference plan to
Land Registry office.
The owner must provide a copy of registered Reference plan and owner's legal
representative's contact information who would be required to work with Region's Legal
division to complete the required documentation for the dedicated road widening.
The dedication is required prior to final approval of the consent application.
Noise
The severed and retained lands will have impacts from increasing road noise on Weber
Street, Highway 8 and Fergus Avenue. Prior to final approval of the consent
application, the applicant is required to enter into a Registered Development Agreement
with the Region of Waterloo to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant is required to convey the road widening
(equal to 26.213 meters) and the 7.62 daylight triangle to the Region.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
B2017-041 and B2017-042
27 Bismark Avenue
2536306 Ontario Inc.
The purpose of these applications is to create a new lot for residential development
(B2017-041) and to grant easements on the severed and retained lands for mutual
driveway access (B2017-042).
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Noise
The subject lands are located within 75 metres vibration influence zone of a main
railway line. Prior to final approval, the applicant is required to enter into a Registered
Development Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
Document Number: 2557950
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
Document Number: 2557950
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
B2017-043 — B2017-047
Plan of Subdivision 58M-569 of Part of Lot 13, Biehn's Tract (Rockcliffe Drive)
Community Planning
The Region's concerns regarding the subject lands have previously been addressed
through the subdivision application 30T-98201 Stage 5a, registered as 58M-569
December 12, 2013.
Staff notes the intent of the above applications is to create 6 lots from previous 5 lots
and adjust the lot lines accordingly. For clarification it must be noted that that new
Municipal Nos. 11, 7, 5 would be subject to conditions as previously applicable to Lots 3
& 4 in the original subdivision agreement; and new Municipal No. 3 (corner lot) would be
subject conditions as previously applicable to Lot 5 in the original subdivision agreement
with the City (WR791465 November 26, 2013). It is anticipated that based on the final
lots configuration the Municipal No. 11 being partially on lands of the original lot 3 in the
approved subdivision; for purpose of the noise study, a revision to the original
subdivision agreement may not be required.
Due to minor adjustments of the lot lines as shown on the Figure 6 -Ultimate Lotting, an
update / addendum to the final noise study dated revised February 2014 as accepted
by the Region's letter dated April 08, 2014 will not be required for the above
applications.
Document Number: 2557950
Regional staff has no objections to the proposed application.
CC 2017-001
369 and 375 Frederick Street
Brent Gingerich, People Care Inc.
The purpose of this application is to seek permission to change the conditions of
Provisional Consent application B2017-019 to include an additional condition granting a
servicing easement.
Corridor Planning
Noise
Corridor Planning staff recently received a Noise Impact Feasibility Study, prepared by
Pinchin Ltd., dated March 29, 2017, in support of the original consent application.
Staff are currently reviewing the study and any recommendations from the study must
be secured through a Registered Development Agreement with the Region of Waterloo
prior to final approval of the consent.
Regional staff has no objections to the proposed application, subject to the
following condition:
1) That, prior to final approval, the applicant, if necessary, based on the review of
the submitted noise study, enter into a Registered Development Agreement with
the Region of Waterloo to implement the findings of the study.
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 14-046 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,
G�
Carolyn Crozier M.Sc.PI, MCIP, RPP
Principal Planner
Document Number: 2557950
cc. Juliane vonWesterholt, City of Kitchener (via email)
Brian Bateman, City of Kitchener (via email)
Document Number: 2557950
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
November 10, 2017 www.regionofwaterloo.ca
Holly Dyson
City of Kitchener
200 King Street West File: T 15-40/VAR KIT GEN
P.O. Box 1118 (01) /50, Forest Hill United Church
Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban
Developments, 1193-1201 FHM Rd
(04) /VAR KIT, 1142805 Ontario Inc.
(05) /VAR KIT, Roopnarine, Angad
(08) / VAR KIT, 2361693 Ontario Inc.
(09, 10) / VAR KIT, Emmanuel Bible College
(11, 12) /VAR KIT, Garden Brook Homes
(13) / VAR KIT, 673099 Ontario Ltd.
Freure North Subdivision (30T-98201)
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the
sign and its foundation are located on private property.
2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns.
3. 317 Greenbrook Drive (A 2017-104): No concerns.
4. 2399 Kingsway Drive (A 2017-105): No concerns.
5. 31 Cherry Street (A 2017-106): No concerns.
6. 386 Southill Drive (A 2017-107): No concerns.
7. 42 Marlis Crescent (A 2017-108): No concerns.
8. 125 Margaret Avenue (A 2017-109): No concerns.
9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns.
10.110 Fergus Avenue (A 2017-111): No concerns.
11.27 Bismark Avenue (A 2017-112): No concerns.
12.27 Bismark Avenue (A 2017-113): No concerns.
13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns.
DOCS: 2553615
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: November 06, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located
Authority areas of interest. As such, we will
and plan review fees will not be required
additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
outside the Grand River Conservation
not undertake a review of the applications
. If you have any questions, or require
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
�, Staff Report
ITCH ►�.R Community Services Department www kitchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 21, 2017
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext.
7157
PREPARED BY: Andrew Pinnell, Planner — 519-741-2200 ext. 7668
APPLICATION #: CC2017-001
ADDRESS: 369 and 375 Frederick Street
PROPERTY OWNER: Peoplecare Inc.
SUMMARIZED
RECOMMENDATION: Approve Change of Conditions
DATE OF REPORT: November 15, 2017
Existing Long -Term Care Home on Subject Lands
REPORT:
Tthe applicant submitted Consent Application B2017-019 and on July 18, 2017 the
Committee of Adjustment approved the easement subject to 11 conditions.
A servicing easement known as part 4 was identified during the review of the original
consent application (132017-019), the configuration of which has been modified, and as
a result a change of condition is requested by the Owner to add a condition requiring
the revised easement, as shown on the attached draft reference plan dated September
22, 2017.
Staff is also recommending that the Committee add the following conditions to the
original consent decisions to require the Owner to establish a servicing easement. In
addition the wording of two previous conditions 9 and 10 will be revised in order to
facilitate the land transfer at the land registry office.
Based on the foregoing, Planning staff recommends that the subject Change of
Conditions Application be approved, subject to the conditions outlined in the
Recommendation section of this report.
Building Comments:
No concerns.
Transportation Services Comments:
No concerns.
Engineering Comments:
Engineering has no comments or concerns.
Operations Comments:
No concerns.
City Heritage Planning Comments:
No heritage planning concerns.
City Environmental Planning Comments:
No natural heritage issues.
RECOMMENDATION:
That Decision B2017-019, dated July 18, 2017, requesting consent for the following, be
changed by replacing original Conditions 9, 10, and 11 with new Conditions 9 and 10,
and adding new Condition 11:
9. That the Transfer Easement documents required to create the Easements being
approved herein shall include the following and shall be approved by the City
Solicitor:
a. A clear and specific description of the purpose of the Easements and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost sharing
provisions related thereto);
b. A clause/statement/wording confirming that the Easements being granted
shall be maintained and registered on title in perpetuity.
10. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easements and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
11. That the owner shall obtain a servicing easement described as Part 4 on the
draft reference plan prepared by McKechnie Surveying Ltd., dated September
22, 2017, attached to the subject report [the easement is over the Severed
Parcel (i.e., Parcel B) for servicing in favour of the Retained Parcel (i.e.,
Parcel A), as described in Consent Application B2017-019.
Andrew Pinnell, MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP
Planner Senior Planner
Attachments:
• Draft R -Plan Submitted with Application CC2017-001
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Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rl oo.ca
Carolyn Crozier 575-4757 ext. 3657
File No. D20-20/17 KIT
November 15, 2017
Re: Comments for Consent Applications
B2017-032 to B2017-047 and
CC 2017-001
Committee of Adjustment Hearing November 21, 2017
CITY OF KITCHENER
B 2017-032
101 & 105 Mount Hope Street
Mohammad Abdullah c/o JEC Properties Inc.
The purpose of this application is to create a new lot for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Regional staff has no objections to the proposed application subject to the
following condition:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
Document Number: 2557950
B 2017-033
393-411 Queen Street S., 168, 170-172, 176 and 180 Benton Street
Polocorp Inc.
The purpose of this application is to sever a parcel of land from 399 Queen Street South
and 168 Benton Street and convey it as a lot addition to the lands addressed as 170-
172, 176 and 180 Benton Street.
Corridor Planning
Noise
A noise study, dated January 17, 2017, prepared by IBI Group was submitted for the
associated Site Plan application SP17/015/Q/GS. Clarifications on details of the study
were requested by Corridor Planning staff on March 13, 2017. Clarification has not yet
been received.
Prior to final approval, the applicant is required to satisfy outstanding matters pertaining
to the noise study, and, if required, enter into a registered development agreement with
the Region of Waterloo to implement the findings of the study.
Regional staff has no objections to the proposed application, subject to the
following condition:
1. That, prior to final approval, the applicant provides clarification to Region staff to
satisfy the noise study requirements, and, if necessary, enter into a Registered
Development Agreement with the Region of Waterloo to implement the findings
of the study.
B2017-034 — B2017-037
Courtland Avenue East and Blockline Road
Viridis Development Group Inc.
The purpose of these applications is to sever three lots for residential/commercial
development and retain one lot, and create easements for servicing.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00 per each new lot created, for a total fee of $1,050.00.
Source Water Protection
Document Number: 2557950
The applicant is advised that they will be required to submit a Salt Management Plan for
the severed and retained lots, prior to Site Plan approval.
Corridor Planning
Regional Road Dedication
While no additional lands are required to satisfy the Regional Official Plan, additional
lands are required to accommodate the implementation of a 2.1 metre sidewalk along
the entire Courtland Avenue frontage. The applicant must engage an Ontario Land
Surveyor (OLS) to prepare a draft reference plan which illustrates the required road
allowance widening and/or easement where required. Prior to registering the reference
plan, the OLS should submit a draft copy of the plan to the Transportation Planner for
review. An electronic copy of the registered plan is to be emailed to the Transportation
Planner. Further instructions will come from the Region's Legal Assistant with regard to
document preparation and registration. Final registration of the reference plan can be
deferred to the Site Plan Application.
Traffic Site Circulation & Access
Regional staff are working with the applicant to secure a full movement access from
Courtland Avenue directly opposite Hillmount Street. Final design and costing will all be
deferred to the Site Plan Application.
The applicant will be required, prior to final approval of the consent application, to enter
into an agreement with the Region of Waterloo to provide reciprocal access easements
between the proposed retained lands and the severances to accommodate vehicular,
bus and construction traffic.
A Regional Road Access Permit will be required for the proposed access to Courtland
Avenue. The Access Permit can be deferred to the Site Plan Application.
Stormwater Management
A lot grading plan and stormwater management report will be required at the Site Plan
Application stage.
Transit Planning
Grand River Transit has been involved in the development of these lands and transit
comments will be provided at the Site Plan Application stage.
Land Use Compatibility
Document Number: 2557950
The applicant is required to address land use compatibility through the associated
Official Plan Amendment and Zone Change Applications. Land use compatibility studies
include, but are not limited to, road, rail and stationary noise, and vibration studies.
Road, stationary, and railway noise and vibration studies have been submitted in
support of the aforementioned Official Plan Amendment and Zone Change Applications
for these lands. These studies are currently under review by both the Region and rail
line authorities (CNR and CPR).
Additional study requirements and/or recommendations for mitigation stemming from
these studies must be secured through a Registered Development Agreement with the
City of Kitchener and/or the Region of Waterloo, or the rail line authorities, as
necessary, prior to final approval of these consent applications.
Regional staff has no objections to the proposed applications subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00 for each new lot created, for a total
fee of $1,050.00.
2. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the Region of Waterloo to provide for reciprocal access
easements between the proposed retained lands and the severances to
accommodate vehicular, bus and construction traffic.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement with the City of Kitchener and/or the Region of Waterloo, or rail
authorities, as necessary, to implement the findings of the following studies, and
any addendums, or emerging reports:
a. "Virerra Village, Kitchener Ontario, Acoustical Report" (IBI Group, March
31,2017);
b. "Courtland and Blockline Development,
Kitchener, Ontario" (Aercoustics, April 7
B2017-038 and B2017-039
125 Margaret Avenue
2361693 Ontario Inc.
Rail Vibration Impact Study,
, 2015).
The purpose of these applications is to create a new lot for residential development
(132017-038) and to grant easements on the severed and retained lands for driveway
access (132017-039).
Community Planning
Document Number: 2557950
Fees
Staff acknowledge receipt of the consent application fee of $350.00.
Corridor Planning
Noise
The severed and retained lands will have impacts from increasing road noise on
Margaret Avenue and Wellington Street North. The lands are also in close proximity to a
railway mainline.
Prior to final approval, the applicant is required to enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
The purchasers / tenants are advised that sound levels due to increasing road
traffic on Margaret Avenue and Wellington Street North, and rail noise from
Goderich Exeter Railway and Canadian National Railway may 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 and
Climate Change (MOECC). 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 Region of Waterloo and the Environment and
Climate Change (MOECC).
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
Canadian National Railways/Goderich Exeter Railways or its assigns or it
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/GExR 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"
B2017-040
100-110 Fergus Avenue
Document Number: 2557950
Emmanuel Bible College
The purpose of this application is to sever a parcel of land for residential development.
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Regional Road Dedication
A dedicated road widening is required. An Ontario Land Surveyor must determine the
exact amount of the road widening along Weber Street East. Additionally, a daylight
triangle of 7.62 metres along the new property lines along Weber Street East and
Fergus Avenue will be required at owner's cost. A plan showing the required dedicated
widening is attached.
A draft reference plan for the road widening prepared by an Ontario Land Surveyor
must be provided for review by Regional staff, prior to depositing the Reference plan to
Land Registry office.
The owner must provide a copy of registered Reference plan and owner's legal
representative's contact information who would be required to work with Region's Legal
division to complete the required documentation for the dedicated road widening.
The dedication is required prior to final approval of the consent application.
Noise
The severed and retained lands will have impacts from increasing road noise on Weber
Street, Highway 8 and Fergus Avenue. Prior to final approval of the consent
application, the applicant is required to enter into a Registered Development Agreement
with the Region of Waterloo to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
Document Number: 2557950
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant is required to convey the road widening
(equal to 26.213 meters) and the 7.62 daylight triangle to the Region.
3. That, prior to final approval, the applicant enters into a Registered Development
Agreement to provide for the following:
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change (MOECC)."
B2017-041 and B2017-042
27 Bismark Avenue
2536306 Ontario Inc.
The purpose of these applications is to create a new lot for residential development
(B2017-041) and to grant easements on the severed and retained lands for mutual
driveway access (B2017-042).
Community Planning
Fees
Pursuant to Fee By-law 17-001, the applicant is required to submit the consent
application fee of $350.00.
Corridor Planning
Noise
The subject lands are located within 75 metres vibration influence zone of a main
railway line. Prior to final approval, the applicant is required to enter into a Registered
Development Agreement with the City of Kitchener to provide for the following:
1) That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
Document Number: 2557950
2) That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
3) That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
Regional staff has no objections to the proposed application subject to the
following conditions:
That, prior to final approval, the applicant submits payment to the Region the
Consent Application Review Fee of $350.00.
2. That, prior to final approval, the applicant enter into a Registered Development
Agreement with the City of Kitchener to provide for the following:
That all units on the severed lot be constructed with a forced air -ducted heating
system suitably sized and designed with the provision for the installation of air
conditioning in the future at the occupant's discretion.
That the following noise warning clause in all offers of purchase/sale, or rental
agreements for all residential units on the severed lot:
"The purchasers / tenants are advised that sound levels due to increasing rail
noise and vibration from Region of Waterloo railway may occasionally interfere
Document Number: 2557950
with some activities of the dwelling occupants as the sound and vibration levels
may exceed the sound and vibration level limits of the Region of Waterloo and
the Ministry of the Environment and Climate Change (MOECC). 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
Region of Waterloo and the Environment and Climate Change (MOECC)"
That the following noise warning clause will be included on all offers to purchase
and sale or rental agreements for all units on both the severed and retained lots:
"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."
B2017-043 — B2017-047
Plan of Subdivision 58M-569 of Part of Lot 13, Biehn's Tract (Rockcliffe Drive)
Community Planning
The Region's concerns regarding the subject lands have previously been addressed
through the subdivision application 30T-98201 Stage 5a, registered as 58M-569
December 12, 2013.
Staff notes the intent of the above applications is to create 6 lots from previous 5 lots
and adjust the lot lines accordingly. For clarification it must be noted that that new
Municipal Nos. 11, 7, 5 would be subject to conditions as previously applicable to Lots 3
& 4 in the original subdivision agreement; and new Municipal No. 3 (corner lot) would be
subject conditions as previously applicable to Lot 5 in the original subdivision agreement
with the City (WR791465 November 26, 2013). It is anticipated that based on the final
lots configuration the Municipal No. 11 being partially on lands of the original lot 3 in the
approved subdivision; for purpose of the noise study, a revision to the original
subdivision agreement may not be required.
Due to minor adjustments of the lot lines as shown on the Figure 6 -Ultimate Lotting, an
update / addendum to the final noise study dated revised February 2014 as accepted
by the Region's letter dated April 08, 2014 will not be required for the above
applications.
Document Number: 2557950
Regional staff has no objections to the proposed application.
CC 2017-001
369 and 375 Frederick Street
Brent Gingerich, People Care Inc.
The purpose of this application is to seek permission to change the conditions of
Provisional Consent application B2017-019 to include an additional condition granting a
servicing easement.
Corridor Planning
Noise
Corridor Planning staff recently received a Noise Impact Feasibility Study, prepared by
Pinchin Ltd., dated March 29, 2017, in support of the original consent application.
Staff are currently reviewing the study and any recommendations from the study must
be secured through a Registered Development Agreement with the Region of Waterloo
prior to final approval of the consent.
Regional staff has no objections to the proposed application, subject to the
following condition:
1) That, prior to final approval, the applicant, if necessary, based on the review of
the submitted noise study, enter into a Registered Development Agreement with
the Region of Waterloo to implement the findings of the study.
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 14-046 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,
G�
Carolyn Crozier M.Sc.PI, MCIP, RPP
Principal Planner
Document Number: 2557950
cc. Juliane vonWesterholt, City of Kitchener (via email)
Brian Bateman, City of Kitchener (via email)
Document Number: 2557950
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Beth Brown, Phone: (519) 621-2761 ext. 2307
Supervisor of Resource Planning E-mail: bbrown@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: November 06, 2017 YOUR FILE: See below
GRCA FILE: N/A
RE: Applications for Signs:
SG 2017-016 121 Westmount Road East
SG 2017-017 1201 Fischer Hallman Road
Applications for Minor Variance:
A 2017-104
317 Greenbrook Drive
A 2017-105
2399 Kingsway Drive, Unit 7
A 2017-106
31 Cherry Street
A 2017-107
386 Southill Drive
A 2017-108
42 Marlis Crescent
A 2017-109
125 Margaret Avenue
A 2017-110
100-110 Fergus Avenue
A 2017-111
100-110 Fergus Avenue
A 2017-112
27 Bismark Avenue
A 2017-113
27 Bismark Avenue
A 2017-114
5 & 3 Rockcliffe Drive
A 2017-115
7 Rockcliffe Drive
A 2017-116
11 Rockcliffe Drive
A 2017-117
15 Rockcliffe Drive
A 2017-118
19 Rockcliffe Drive
A 2017-119
5 & 3 Rockcliffe Drive
Applications for Consent:
B 2017-038
125 Margaret Avenue
B 2017-039
125 Margaret Avenue
B 2017-040
100-110 Fergus Avenue
B 2017-041
27 Bismark Avenue
B 2017-042
27 Bismark Avenue
B 2017-043
5 & 3 Rockcliffe Drive
B 2017-044
7 Rockcliffe Drive
B 2017-045
11 Rockcliffe Drive
B 2017-046
15 Rockcliffe Drive
B 2017-047
19 Rockcliffe Drive
Applications for Provisional Consent:
CC 2017-001 369 & 375 Frederick Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority.
GRCA COMMENT*:
The above noted applications are located
Authority areas of interest. As such, we will
and plan review fees will not be required
additional information, please contact me.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
BB/dp
outside the Grand River Conservation
not undertake a review of the applications
. If you have any questions, or require
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.